
the decision of the district court on such appeal shall be final, and the Marriage Officer shall act in conformity with the decision of the court.
(2) If the Marriage Officer upholds the objection and refuses to solemnize the marriage, either party to the intended marriage may, within a period of thirty days from the date of such refusal, prefer an appeal to the district court within the local limits of whose jurisdiction the Marriage Officer has his office, and. If he is satisfied that Objection ought not to prevent the solemnization of the marriage then only he will solemnize the marriage. (1) If an objection is made under section 7 to an intended marriage, the Marriage Officer shall inquire into the matter of the objection within thirty days from the date of the objection. (2) of section 6, object to the marriage on the ground that it would contravene one or more of the conditions specified in section 4. (1) Any person may, before the expiration of thirty days from the date on which any such notice has been published under sub-section. When a marriage is intended to be solemnized under this Act, the parties to the marriage shall give notice thereof in writing in the form specified in the Second Schedule to the Marriage Officer of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given. (d) the parties are not within the degrees of prohibited relationship. (c) the male has completed the age of twenty-one years and the female the age of eighteen years. (iii) has been subject to recurrent attacks of insanity. (b) neither party― (i ) is incapable of giving a valid consent to it in consequence of unsoundness of mind. Section 4- Conditions relating to solemnization of special marriages (a) neither party has a spouse living. These provisions should be complied with while performing Marriages.
MP High Court had ordered, Arya Samaj affiliated group- Madhya Bharat Arya Pratinidhi Sabha to comply with provisions of Special Marriage Act by incorporating the provisions of Section 5, 6, 7 and 8 of the SMA.It was also restrained by the High Court from performing marriages. Madhya Pradesh High Court ordered the Sabha to amend its Guidelines dated 26.08,2016, by incorporating the provisions of Section 5, 6, 7 and 8 of the SMA, within a months’ time.By way of the Guidelines dated, the Sabha directed all Arya Samaj temples affiliated to it to comply with the Hindu Marriage Act, 1955 and to strictly follow the procedure laid down therein with respect to the proof of age of the parties and their mutual consent.SC Held- “Arya Samaj has no business giving marriage certificate.The Supreme Court refused to accept a marriage certificate issued by Arya Samaj.