3 j |» o £ ^0 0ocDcorncscosp: opjcg!

C ^co|c^c;cospJG j; (cGG^ocDocsssjc)

0 g |© C O O c 0 ^ ๏ ,จ 2 c c

g o © 3

3 9 C J J o o

THE BURMA CODEVOLUME XI

l y g S e o o o S ^ § ^ ษ 'ว ^ ร £ ธ 3 § ร € ) ฮ 3 8 เ 3 3 6 | ( J § !5 @ y )c x > g S ii

Published under the Authority of the Government of theUnion of Burma-

f o l f l lc^poeoaac^ วอ ogSoloScooo 0063ช|0ร9ว| 32 Ss J J I c$c8oo g0G3qp?33§S

33^Sl J p i D3Gg30cS3GG|SI 33 8s J 9 I Gj£©03GG|SI 33 8; J 31 03 0ว000§£|8 รชร§cSgG|S1 03(j>Ss J S i cSs§OSODc5 ววว§£ s^£sp§8 33^s? JQ I G§]Gf> G§|€|StjOS a^Ssp O JG C O O G aIS sวJOgS 0ใ0รวว£ร £063ชวร^ร0ใว0£§แ

djigOGaqpsc^ อ 039 ช§81 §©oSoro po g|cSg|o8 § 830ร00วร0ว ^ 33<^8ร1 <$s §8ร§ร0ใวว^1

®ธ ^ 1330gS:GK|i5j:i

2060ว00วป0ค§§ร gocoGSsDSc6|;Goo5§c8i(X รp w ชr o ^ s g o f i

op J o o8ooS:ogjcScoao£s 00 6|rSii(o g jo 31 6330cSc^0ddc0 JJ C[cSn)

TABLE O F C O N TEN TS.s a c S g O G s t p s ^ i 3 a 8 s 3 0 § n

PART X X II.__PER SON AL LAWS.£ B ^ S | J J N n ^ o c S o o g o c - o u p j H

A. B u d d h i s t .

ถวแ ชgoo ■ว oooo8qpsa§£spii

PAGEooqrS§oii

1. The Registration of Kittima Adoptions Act ... ... 12. ว 03ช ชgeo'ววววเวร ร^ะษชวะ 3a a j5d5Ss§o:gfS co£gso(ไระ^

33cSgOC3 . . . . J ... ii- . . . . . JB . H i n d u -

ร™ 08แววว3วว0ร<3วร3^รช)แI- The Hindu Widows’ Re-marriage Act2. The Anand Marriage Act3- The Hindu Disposition of Property Act4. The Caste Disabilities Removal Act5. The Hindu Inheritance (Removal of Disabilities) Act6. The Hindu Law of Inheritance Amendment Act7. The Hindu Gains of Learning Act ...

G . M u h a m m a d a n .

on ^0ว0«<ไร00ว00ว0รชเจss^Sepii1. The Kazis Act ... ... ... ... 222. The Mussalman Wakf Validating Act ... ... 243. ^SOOdS Co8«CDOJOgO§jSseS|S 33cSgOG3.... .... J 3

D . P a r s i .

aD«: ol6)8oj^Kp5S^8fipy1. The Parsi Marriage and Divorce Act ... ... 27

16181920 20 21 21

ii Table of Contents.aacSgoeoqวรสะ»8£»0§|

E. Christian.PAGE

®0เ)|(5§0«Cll 36jScOO§ o o o o o o o s q p s s ^ s s p il

1. The Church of Scotland Kirk Session Act ... ... 422. The Christian Marriage Act ... ... ... 433. The Foreign Marriage Act ... ... ... 72 4- The Burma Divorce Act ... ... ... 73 5. The Native Converts’ Marriage Dissolution A c t ... ... 100

F. G eneral. oil 336)8s|8s^8epn

1- The Special Marriage Act ... ... ... 1092 The Married Women’s Property Act ... ... 1183 . The Majority Act ... ... ... ... 1214 . The Guardians and Wards Act ... ... ... 1225 . The Maintenance Orders Enforcement Act ... ... 1396. The Child Marriage Restraint Act ... ... ... 143 .ๆ The Slavery Act ... ... ... ... 144

PART XX III._SUCCESSION.3»<JSs B J» G-g 30 c£ a 6-c t II

1. The Succession Act ... ... ... ... 1462. The Adininistrator-General’s Act ... ... ... 2653. The Legal.Representatives Suits Act ... .. 284

PART XXIV_.INSOLVENCY.a»^8s j^ n

1. The Rangoon Insolvency Act ... ... 2862. The Burma Insolvency Act ... ... ... 335

PART XXV— ARBITRATION.ะท ^รร J 2 ส n c o ^ g io o o S ^ S a ^ iQ c S e - ^ s i i

1. The Arbitration (Protocol and Convention) Act ... ... 3662. The A rbitration Act, 1944 ... . ... 373

TABLE OF C O N TEN TS.O a c S g O G O tp s ^ i ว9§03©§11

PART XX II.__PERSONAL LAWS.J J H K(£Oc8 o o g O G 3 « j p t l l

A- B u d d h i s t .

0011 ชฐ0000ป008ย]0ะร^8อวแPAGE

00ชโ£§วแ1. The Registration of Kittima Adoptions Act ... ... 12. 0039 ช§ร| ชฐวว0000o ร 8$ะษช0ร 3aoj5c§Ss§o:g§8 33GgaocSag

3acSguG9 . . . . . . . . . . . . JB. H in d u .

ร™ c8§[ooocooo 8<^pa§8epii1. The Hindu Widows’ Re-marriage Act ... ... 162. The Anand Marriage Act ... ... ... 183. The Hindu Disposition of Property Act ... ... 194- The Caste Disabilities Removal Act ... ... 205. The Hindu Inheritance (Removal of Disabilities) Act ... 206. The Hindu Law of Inheritance Amendment Act ... 21 ๆ. The Hindu Gains of Learning Act ... ... ... 21

c . M u ha m m ad an .

on ^ooowcS oooooooS^pss^S 6pn1. The Kazis Act ... ... ... ... 222. The Mussalman Wakf Validating Act ... ... 243. ^ ax o S coS«ooo;ogo§|8sc6|! 33cSg0G3 . . . . ijLLL .•••• J 3

D . P a r s i.

ADII: o1e)8oj^K ^oss^8 epu1. The Parsi Marriage and Divorce Act ... ... 27

PART X X V I—SPECIFIC RELIEF.ะ»^ร! J6n »o3s|gosa>fS;»og£sSJS«pii

1. The Specific Relief ActPART X X V II.—LEGAL PRACTITIONERS.

ะ » ^ ร 8 J < 2 « e m i S « j p s s ^ S « p n

1. The Bar Council Act ...2. The Legal Practitioners Act

Table o f Contents:aacS 0O® ออ'ว:ส าแ ? 03 ©§»

PAGE00ช,'ไร§011

390

419425

iii

PART X X II-P E R S O N A L LAW S.อ จ ^ ร ร J J u l H g c 8 a 3 e c C 9 C ( เ ว III

A —BUDDHIST.noil แชg ววววอ 'ว๐ S q p ss^ S G p n

THE REGISTRATION OF KITTIM A ADOPTIONS ACT.[ B u rm a A c t XIV, 1939.] (1st A p r i l , 1941.)

1. It shall extend only to those areas in which the Registration Act is info rce .

2. It shall apply only to Kittima adoptions by persons to whom the Burmese Buddhist Law is applicable.

3- It shall come into force on the 1st April, 1941-4. A Kittima son or daughter is one who is adopted with the express

intention that he or she shall inherit according to the Burmese Buddhist Law.5. No dispute as to the right of any person to inherit as or through a

Kittima son or daughter shall be entertained by any Court unless the fact of the adoption, if it was effected after the 1st April, 1941,1 is evidenced by an instrument ะ—

(i) executed by the person making the adoption and («) by the personwho is adopted if not less than 18 years of age at the time of such execution aforesaid, or (3) if less than that age, then by the person or persons, if any, whose consent to the adoption is required by the Burmese Buddhist Law, and

(ii) attested by at least two witnesses, and(iii) registered in Book 4 of the books referred to in sub-section (/)

of section 51 of the Registration Act.6. Burma Act II of 19262 is hereby repealed.

E xten t.

Application.

Com mence­m ent.Defini jion.

Kegisti a tio u of K itt imrt adoptions.

R e p e a l .

1 Date of com n.enctm ent of this Act.* This Act, entitle:! the B.irma R egistration of Adoptions Ac*, 1926, provided for Hie ccm-

pulsory registration of K ittim a adoptions in Burma, but never came into force.

° 8 3 9 ช g a o o o o o o S S ^ รษtjjo s a » o ^ s d 8 S s 0 o s f t jS E » e ga o c S o ^ ะ©cร 009311

[°6 5 9 รoeoso^cS pjn] (3 0 3 9 ?' ®§0ว J? s ^ 11)G330rSol33C^5: 33cSgOG333§ £ § 2ว§ร< (ไรอป£รแ

วน ii£j3acSg0G3c^ ว 03ช )ๆ |S | ช g coo 030088 .5 O ip : DSOJS o88s§os^fSssegsocSsjf 33(£g0G3crp <33?6|ษ£รแ

] II l!gjj33c£gOG30g8 3 3 G ^ o 8 s3 3 S p § b § S G © l GgG^OC&DOQOScf^issSyloS §8§£ec yso|oq|Scvjj8— -

(n o ) “ ชg อoocooo88^;o s ^ g S ^ o B ^ e c o d fy y o ^ S c x o ; §8cogS|y8i tjgcnocc ว o^snrcSGCoo S^soc^i c§00j& oo^cS tjgCQOODO c^ cg'dSecoo 8:OC§9 GgSglsGCQoS^SQC^ ร ^ ว ป £ ร แ

^8รส|(£|| Ii^6pcg8 ช g 300 030 r^jiTgcjScooo 8ooc§(j> GgsglsGOOO 8£sa CD§J0ป ^! gjozrSgoGG © o o co so o d o o c o ^ S S co 33เฐวร00000ว00 c§ 330อรธ3 0;0ชะ6ค 0ร;<§! 0839§ 02000ววว(^^รท2ขร0ช<า8§| :VjSl O^SOODgS «2 ว0 ว ววว CfJjCTg(isooo 8 x c § 9 GgSgljOOjjfiujGOiO 3a G § o 8sooroooc8Gjooว8 ชฐวววะ)ปว0ร8£รษ§ร0ป£§0} ษ90ร0£6|แ

( ร ) ‘ ‘ ^c8^Co833Kp§ ” ร^วว£ร9ว| £|33cSgOGS33€| d8S:§0?^ ^0รช 00ร33ช3§|(^ 3?j)C^C0gll

9 « II(ว) gpoj^ :D3จ:C ว ; ^ I ^ 33cSg0G033«| d8S;§oj^cS^co8D3Gp§

tpsQSqo^n 8cGOo5oo«oooop§ 88oo8goo5oo£S oc8§8Gaooc,)8[cSc^goojj> {ฐ:ษ§วว^

G30033cgc8 08S:§0S^ ยเc8 00C33Sp^33§8 3§00'ว;^รวปCรท ^c8^0o8 ร ร ช ว ; 33วร

33g ^ o 8j ^ o ; c o < Cfej|0S|8 o8S s§ o sg o o c S g o o s ^ c S ^ o o ต ร fcjjosc ) e o s a a S c c จรรเษ^รแ ( j ) ^c8^oo8o3sp§a3o;aj:oo^5 !y ฐรว1'}0๐ ooS;tp:(g8oc>g:aj ^ o S o jq o ^ ii

9 (I แ33เฐ0:00£ร36 oospgoG3fepsog8GCo8q8;i 0a<psg0G3ob:§030cr>0§ GCOO eeroa^oช!ว!cgScooSqSsi ษ ^ § u 8so|ocj|8c^jrSo I§Gอroo^igjj33r8goG3o1§go^o ช irรชวะวว£ร| ชฐะ)อจ0ว0(ว88^ 0§8 dffiioti ช 2ooooooo8oOjc8gooo ro8Gcoor8j,o: C^8s33GoT§ 330<T>03Jc£)G£pc86|«£Sll

3 II ncyqjjGcoSoร|^ะ§£ว0£ร tjgoooooooS น บ ] C&GOX) Goootfp:oo®:§8 33COcS ว 9 ^£)G330cS«coSa:>g) ชgaooooooS 8| : « 00§:0§วว£ร| ^ 33c8gOG333£| o8 u :§ o:^ 8oo^ ii q^qpcgS—

(o o ) $&§ร0^9จ BcScolcgSajfejjo; 0 § 8 g®6)II(3 ) 3300c8 J o yJcj^GODjcD 'S 8 ^ :o § 8 a j |8 รวว๙ OOGCOOOJอ cS c^

cc»8qS:t ScocijGooajsol^i 33^3^8c8^SOJI ะ§00£ร* GOJcS

2

OOCpS0OGO33€| ช ร o8 |so j§ jc\3 |S i 0 ^ ช ร < ว 8 § :0 } ๙ วว©c n o o j^ c Sc^G0L>Sq8: ร)§§J@£«|«£§11

( o ) 8 ^ 0 9 0 o§cSi>G ooo oospjoScoSGCDor^os «§00ร1แGil ii tjg o o o o o o o S o a jc S o D ^ G a D o f^ )o :o o § ะ§8 ช 2 วว0ออว0 ร 8§ะ000§ ; o8Ss

§ 0ะ€|$รวฐ0&วป£รฮ3«ใ| 88c § 00§ !§ ร o q €)r8o o c S o ^ ; G ^ o ^ £ c x j | r S |a o ^ c o o o ^ S u p ^cSycc&33sp§00 ©aoosogS §ฐ0§!000!00£ร c^ogSi 88c§00§s§:aว 3 3 G ^ o 8 ^ o :c o gos§^8od;£h 33s§oS;fgo;© o 9®c^ ^cStJoo8oasp§o6 Gooo8;uja3j8c^8c»c§ii

9เ1 nc Bo (3 02ร] OTG|rao8e |g o ^ G O ะชว0£§I a3&‘0 o8s§oscoogSQgo^: 000;อ3£ร (ทcScaTq^ cocSe0ว5ร^!§& c8Sj§o:go?S|«£S 9cS^co8s3sp§c§ Gg]Og£corS^cScSjbfijGgSn

o II II (ว ) 9<£ 0ว8ะ0ร[ว วว£ร—

( m ) 33g ^ o 8j ^ o :o o 8gg|00G®ว£(^ 88เ^ดร§ 03ชวะ ครววววป^Gf>Gp§ ทวร§ ร ;§ 8q 8si

( ร ) 03<3คว8รเ03วร©0 8ggjooG © o8c^ i co sp :y n q |5 o ^ ะg0G 033€ | วป ษว^ ท ว ช ว แ c ^ o o ^ S s ta jc S เ 0อ£©วช(วะGOSOO^S f C O ร ;33c^ '£ :i

( o o c o ) c8S s § o s « ;£ 8^ s o 3300c8 j o ojtjg5Goosog|8 0^ 8^ 0๙ 8001

ะ§00£§ร«0ช ร ช ร อ 8§รวJ s^ S o o S e p sp o a o s G 0 5 § 8 :§ S q S :i ( 3 3 ) 8§ร«ว0£ร G to o c ^ jp J C D ^ S c S q sQ o so jร(ะชแรI o^G oo or^ jo :

0305 Gosj§8s § S q S j D 3 G ^o 8 s^O S © O C ^ GCqgOGCCjOgSlI

(gbsอเc S II แะ§ชวว2ร 33» § ว 8ร§วร©ว §ฐ5(£0ะ§8ร£ฤษ£ร ojoo^soocooocS^ 0$€|5วว£ร| ^oS(^OoSo3S p ^ 8e|8^8g£o30anO$oS^8c£ (y8oOg8§CX)j8l ^c8^Co8aBGp§ ว ว ^ 8ggjooG©o8c^ C OJOO ©0§c^cS§ ค cช5§jpbG®i ojcgcSfjIg&G© G0S§^8ท & 0 . - ' . . ๗! z . 1

( j ) 9cS<^oo8a36p§30£S Q gO §ร0002 วว£ร ^® ช า ช 0 ว 0 3 0 ^ 0 8 ;^ 0 ร ® 0 0 ฉ 3 0 0 86 เฐ § วอ rS G G 03rar8 '?’c8 o gS s ^ S s p 3 3 G ^ o 8 ;o 3 ชวq p s r ^ GG|:Cg8s6)Oj£il

gll llo8£;§0 ร1^^§)0ร0§0ร; 32G § o 8s§OS®OC^ (,)5y G 33S|GOS^SG^OcBวธ 6|(-ร|ก3ววอ£ร323า1 C^33cS2UG3CgSG^Or8§GGT§o1^aO^^SCoSs33C^8! jojjooS ๓ 1 c g c S ^ S s o ^ o jS " ^»c8^oo8o26p§no :» c £ ^ S a J § £ § s c ^ o 8S s § วsG os^8oogSii

DO II iiD a G ^ o S s jrg o so o G o so o o s o jc ^ o S S s^ o sa jS i ช ร « 2 Og8 ^ g o ^ s o o o s 00 ©^gTOSs006|8f 8G£G©l33t p ! |8§ 8G©l 3ว เ0ช รOj^OJGCDO 32G ^ S s § อ|cSjg8ogSaj o3^cS^coS33sp^ooc88ooSctj|c6 cijiojc^DBos c8'S:§02§8sy^G®ร) ©oG£)soooscn|qgcS ^SOO^SII

อ อ II II ( o ) m^ngcScg0S|§Gcci0S33l 9c&(J>oo8336p§ooj£i ro|ogcSajOBO;

§6]8§8§8ว300วว€1 oocpi^Jะ เร ^ ฤ ษ ^ § 8 cBSsgosgSs ท cogSs o§33a1§c§oosps(jsgSc9S

ชgcoocoooSS suqp: 33Qj:o8Si§os fS ascgaorSs ii 3

o^cS§ojSi 0 9 «เ^ยเ0£.ร^รร0ว0รร|0^แ gSajSccjcSB^ojS 0^00€pรดรgccySoo^G^ อ 9 €)(ไรชGg15ร^ร;00วร6|00ช11 c^spcgS 9cf>(j>c>oS33€p§ac>g oo|agf£Djoo GogpcSooos ว ว ^ 333ใ (ทร03ว{56วว0 ^ ^ ว ร ; ๓ €}รฤ8§0ว^ท(»ร§ร<ท|ร 0^ะ§o8Ss§วะ§8sc^ GfocficoS ว9 6|rBoocSo§GOooaooco | raS«Gg0ร 8s 8oojXH

( j ) ( o ) ;33S| § อ 8 ร 8 § 8 ฮ 3 ว 0 0 0 ล 0 ว s p ; | s c » ^ l ยเ 08(^00833 s p ^ด:(วว^§EpG300QgS 8^^§6§00^§^tSoDSp!QCD6p%l q^OTfSsoajcS €^(ท IjGCoS a> €pรษด; §ร6®6|«£ร11

OJ1I แ ( ว ) 3 3 G ^ o 8 s ^ O ;O O G J รC D O S a j^ l ช รษ 3 33ร|| c8 Ss§OS^8 § 8§| 0 § 3 3 8 |ช § 0 ร ร |^ 1 รอ &§8§8ฉ3ว0ว0ร|0วอวรดระ§ m|agcSajoOGc^ooScgoco8cg8s^8oo^n

( j ) 00ช )ร ด ร ฬ c^ G O jp a ^ c g ว ^ G ^ o S s 03<ไร<3ววรcocร <j>(£ c o g o o S c ^G03pc5aoosc£33os GosspgSn

( 9 ) ( c o ) COepS^SCOGOSOOgS OCrSeCOSlCOcS^cSc^ 9<£ij)CD&32Gp§]00 (^Syooi <1)รษเ ( ว ) 33S)I d§วaepggSgocnsa^ O3 roocoo3og8s ๐๐ScgSscvjjSi 52IG O85 OS0OGOSOOOSDJC§§ 9รษ 2 32ลเ c8Ssgos|8g8§00^02G000338|af cosp; ด!9 ษ6(0วยjo o o c o o cS c ^ ร d ^a j(^ r^ o 8 S s§ o sy G c s£ jii

( s ) 0^ว0<ไร0วว30ว(ไร )cSd ) ^c8 ( C0803€p^C0 o5j)33ep^gS^aวว;วอgS 33^000 03 3 3 ogSs o o o S c g S sc ^ S i ^cScjjcoSassp^aD ^S ooc8s ^ 8o j§ S ^ s o o c88s g o ; c \ ^ c8 ร ; §วร60;€|ษ£ร11

(9 ) C06ps ด !30£ร G D gprScgD C gSol ? “ >£§ อรช(ไรชว;(ไ^ชรน §รวว.-ร33ย , o o ^ 4 ) ( o s o o 8 § o o ^ o o c 8 g ว ว ร ช Cร c^qS si 3 3 0 ช § ร ช [ร ^ร ร § 8 o 8 g s o s ^ o s ^ o § ; g ^ o c 8 i O^OJ

ช รษ 3 33SJI c86 ; § ว ร ^ ร § ร § 0§รช ;§ c £ f i j a ^ § c c ^ c § 3 ^ ;§ c S 0 3 ^ 3 3 c ^ S s r a ^ s ^ ร เช ^ เะ ร ร )0£§ll O ^ 3 3 8 |o 0 ^ 3 2 § s c o c 8 § 8 s |0 ^ l

( 3 ) 00sp;|s0วฐรเ 88ช9อช6ะ0ว338|^) SggjCDGOoSc (j)cS<j>Co8336p§ฒช(ไร(เรรgejo^SlI

(S ) (co) c^ajfS§s| ชรษ 3 33ร|| o8Ss§os^8g8§co£§o9 cosps jgno 3 3 ร เอ ;^cScvjS l 9 cS ^ o o S 3 3 sp § o o £ S c ^ o jc § m c 8S s§ o sc ^ ^ o88;§ o s g o s 6|«£Sii

( a ) d ^ o j f ร ^ ^ (1)รษ 3 33€)I o 8 = s § o s^ 8 g 8 « § ท 0 ว ส ว ร ด ร ท ว 3 3 ร cScvjSl ^0ร^0 ว ร3 3ช > § 30 £ ร o88s§OSOGOS6|II

o p i l IIG o|cgc8§ ร ะ ว อ ^ ษ00ร6<ท เ5วป £รฮ3§8| 00GC00^;§8 O o |c g c 8g 8s 0ว£รร ocxjcSu} 9S 0 ว J 336|| G cv p cS cg oo o S cg S sep 0จ£p ;ดรท000ร § ร 0^|81 3 0 8 o o c S q ^ วว^รGCช iS c ^ S G g C ^ G cv p (ไรออว;a j c o o8eS§O S«^Sa^§8§S330S G0SG®6|§ ร ล ร ^ ร ว ว ^ร แ

0911 ugj|33cSg0G333G)i o85.°§ว ;§ 8 ; r ^ วว0ว0ว02ช (ไรG 0;e |0 £ § a j0 0 £ § 8 c8 G ขใ cgSG^ajjSi ะ§ ๓ gSsoojcS วว0ววว02ช0ร60รร|«£§ว2 (Scd^oooIs) 0ป£ร cqocooch G C » o 3 3 G ^ o S so § ฟ ) c8 S s § o s g 8sc^ 0ว6ว0ว 02ช(ไร0G0?(XjjSi c8S s § o s c ^ d jc § ฉว£ร 86(8

^SgSssocfDOGjO^ ล?ะดระ§ G o p c S c g o g S G a p rS c o o s^ S c o g S iid ^ o o cp s^ saว ^ G(ท p rS cg o o l3 3 ^ )< โร ช -ว ;^ 330ช §รล !s ^>£§:§ 8 ®&0ร0ร^8วว£ร11

4 ga>oooooS8§sotj| วร 3302:o8Ssgos 8 33Ggaoc£sgn

ejgcoocooo SS^sotjo: 03ajsc8Ss§05g§S cscgaocSsgii 5

0§0§ 8 อ 8 g 3 0 sg o o o o 3 3 1 i d S j io jc ^ ^ ร ษ 3 326)1 อ 5 ร ;§ จ ;^ ร § ร ^ 0 อ ฐ } ต อ o 8 § 8

(ท]8 ic8 S s§ os^ 8 g^ o S sc OQ6p^GOGpqjgDOชษ£ร11(ว ^อ ช ฐอ จอ cรวว£ร 0อ6ววจ0^อ (ไรG O SSpjic^ro วป0ว0ว 02ช 0ร 00ร§ร^$ะ8000^

ะ§330§รวว05©€|ว(£€|ษ£รแ

ว ฐ แ แชรษ g l ว J I 0 9 OQ3 3 อ36|| c8 Ss§OSGOOOaJ3 l l ^cS^O o8 o3€ p § O Q ^ c0 cSG00§£§sG §]ag8 ออc S s ^ S d jc ^ c ^ o S S iQ o s g o s s io ^ iio ^ o o c ^ g o o c ^ o o ^ ช รษ 6 O g^G jgg^SOOOSOO^d8§;§OSg ODcSgOOS^oS^®วะช5 o g 8 33 ว3วอ*'ไรGวอ 33^8 CO (ไร^0ร0^;6|ษ£รแ c 8 e s § o s § 8 s c ^ ษ£§00£ร^£รร§ 8 ษร§ 6 3 0 ว 8 § |< ^ 8 ว อ ฐ 5 แ ะ§ s p o g 8 <ว85ร§ไ:ร9£§ว}ชจร00£§ 9c8^0o833G pi)}§8 ะง(ไร<300ช วรG§]OgSl 0^ajC§{apSGC\X)Cร G 33o8 “ ag ^S c^ O O jS COGpS o bcoS 0 U 30 S 33 §S 0 0 ใรร00ร 0 ใษ£ร บ 2เ)6§จร^€ |9£รแ

วรแ แ03000ร0ใฮ3(^ร c8Ss§จร§ รอOperas'ใ1 9cS<T>oo839Sp§3ว23 วอ c8s^8 GC0033Gjttj08;326p^sa^ ‘ ‘ 0ร8ร§วs^oocSg3ปร (j>c8(j>© จต 8 ’ ’ ต G aTogSooj^c^ © จ ต ร ^1 ย ล 8ร0080ฐ 60วร0©ว806)รช 8รร)«^แ 0 ^ < ะ ร 'ร ต 8 ว อ ^ gj)33 (ไรgUG30g8y;c£) 0วจ;วอ^) (?ขปวร0ใช®33C^8^8g©6i«^§8i 0^^(ะร^©วต8og8 c88?§osojc§oaq8si 00(ไรG00C§C7วชรรเ 9 cS $ o o 8 3 3 sp § jo o q 8 s 0ว0ร9<ะร0^;ร)02ะ>11

ว 7 แ 11 ( o ) ^ c 8 ^ c o 8 a 3 s p § c o ^ i ออ(ไรรววร0ว(ไร^c8 cog® o8c^ 0วร33ว;เ 33§OS00G©o8(^«CXnร33จรร0ร33ร6|ษ£ร11 33(ทชรเษนอจ;อว£ร 33วว(ไร J o » § ^ G O วร(ทj8 ต ^ ร อ ว 3 3 จ ; เ c§joog$s«(Jjc6 ต 8 c8 ^s0 j3 30 S G 0 sa3 8 s |a^ n o o c8 u x o g ® o S c^ <^So | ( j ) §1833^ 3 § 8 o ^ o 5 § | © ต 2ฐ0ว6®0ร(^อ8ร;0วจ;ฤษ£ร|1

( j ) ^c8^O o833G p§D 0^I ช ร 0 ร 33G|I 33G § จ 8ร^วร© จ6)^0381 0§ 3 3 0 ^ ว 8 ร ^ 'ว ร © ว c^qSsi o 8 § s§ 08$ o3c8G 033coc8^cSooG © o8c^q8;i o 8 S j§ o s§ 8 sa ^8 6 p 33เ2 วร©ว006533^ 0833ooosD3G|Ss|5c^ q ^ si อ88ร§จ2C0^G |^ )S ]r8 วอ950000833038; ;$ S e p ร ร ร o ^ o o c § § fo S 3 3 s p ^ o o a o 8 § G |« ^ i i 0^o§ 8 ร ^ 0อ0ฐ®จ0จ ร ;3390ร 33ว อ ว ;อ จ ;^ o8es § 0 ร ^ 8 อ ว ^ ^ © ว ต ร ช ฐ ร c£00QS6|«£§|ySl 3 § 8 o ^ j;C g 8 33§ะรร!ฉว0รรเษ£ร«

COII «08รร§0รยวว(ไร00ป390รช©วตร§8 อ8ร;§จ;g 8;3 8ep 33§จร©จ00ร; 33^(£ร3อวจ;อจ;(ไ^วอ8goจรออ^33อ าอ จ ;^ ^ ^ ด § 8^£]9^ § 8|€^®จ0ว8;33^0ร33วอจ;อจ; สอจจ0^ว8ฐ3เอจ;อจ^0เ<^วร:6<ทเจ(ไร00จ;ต:ร333เ1 s^8o^cd^^8cgodSoo»ooooc6 ^c&ววจ;วว^^;330 8; 333GgO 8ร33จร6ทเจrรอOOSDJOQGOSGoOoSogiS ต Cร00ร6|«£รแ

o g u ii£j)33cSg0G333ร]! 0ร5;§จ;(ร ]ร;§รร ^8ออฐร ©จอวร;33^cS 33ว อ จ ;อ จ ;^ OOOO aSggjtjjOSCgC olJjjออ^SsBGjapSs 33GptjpSC0£S 9^>0อ£รต C0(ไรGวอ333§ร0ว(ไร® €|ษ£รแ g ^ ocS ooS ooc8 goooc8§]OS§6|^«c§ ii

j .o i l 11( 0 ) ชฐออจวอวอร ษ ต อ ร ว อ ^ GCJOจ (ไ^จ;ฉจ§ ช 18 ช g o o o o o o o 88^ ;o อจ§ ;c § G o l8 ;o c 8 G ^ c § 8 f ^ § 9 ออ£§ 3 3 0 ว ฆ ร |อ ^ ต เร ^ ;ต ; ช g อออออจอร § £ ษวCV ร อ ฟ 5 ร § S |g c o S i ช g e o จอออ0 0 วะอร33 £j I co8uux)5336pG §oc8o£ร g o 1 8 ;o c 8 g |เ อ ร ร ^ ^ ช( เ [ ^ ร

6 ช2ะ0ว0วว0ร8£:นชว: 330}:o8S;§o:^S JBGgaorSagucgjSi cSjbjc^so^S C C§G</18 รง(ไร© coo£ o8§s§os«l0 oo ^ ขช COO GjOgSgSl cSj!o}C§00j£ gj33c8goGS336|i c8Ss§oso>gooj£u}co£§s 9๓0{6|ษ£§แ

( j ) 0^0ว8ษนว0ะ0ว£ร goo8go18joc6oo^g|9®^ yg} วอ£ร33รใช;£9S^I g|33c8gOG3336|9cS^008€)^ ^c5^0o8336p§C»GCqpc8oOOS?ScX)^ll c^33 sl^cS^Co833Cp §ออ£ร <*>§9 ว 3 33ล(^33รอ0(£>33<^8;| c^0Jc§c^ 88ooc8S;§ว;Gu;c8c»obc§ ^รษ อ(ร §8 oq cg8coc8^cSooosco^33c^8s GS008gr8q«^ll

Gf > # f e ร ฬ 4 • =«-- _o - - - - - .0- ----------c - - a ' 0 : " ” : -------โ“ ™1ช"— a 7« j£ 0 0 ^3 3 slogSoaEjsi 00ใ8ะง(ไร0ช0ร§วว£ร ogcooa3oo£8^;Q |8 ชฐ ra00D0Ci£«0~>djออ; Sgนวว< ,ว;c£j>Ss33GoT§ 330(X)OOOcSGepc86)0^11

J oII II ( ว ) ชg อว0วว0๐88^รษ00§; 8 ชฐววววววo8yU}c8x£§ G0000 01 0Q^;c§ออ£ร 88(§ ส 085ร § ว ^8ร ^ ^c8(^oco8c6go1 Ssgc8o^c8§o^8i ะ©gK o8ic^i cJji 8^SOG^0§8spG30i)0g8 §G|8 SgSo30(X)0§OOfS^cSyOo833£p^c6l 0^8^200ว§80010^8^;0 ๙338(101c^oc^Ss'o't^cSosooooiC§OT£S;9U2<£>ต 8o8§;ajno§'8G©i 33§osG3g(|{sGooSoSoj C0§s§ร(าว§8g®I ออOo8;GUS^8oD£§II 908(^008 33 Sp^CG,±>l 000ว8ร00ะช(ไร^ G€|e cSoOOS€| 9£ร1 ะ§00£รร9บช0ร0อร^cSocosGCSjofSu c8.@8 diJ:§GSjS9c8cxr);วอffi ววcoSsGus^jjcS 33วร0ชร(ไ ooooSsGosojno corS^cScfjkqGgu

( j ) dj>G$ว (ไร 9<£ช0>833อว§0ป£ร| djitjgววววอว๐ 88§:9§8 ช§ววว00ว ๐ 8«CrjcScO^GU;OC^OSC§r^ 88^SS^OO^G|S)f8cig8 oSoioMGGp โ£>€ 9o8gs>T€]«£§ii o^o^S^scijsoo 8 8 $ ๙ 0 8 § ;§ ว ;§ 8 ;^ 9c£<}oo8a (X}=8i ร $°°8336p}jco£Si (1เ&ษ ว 3 33€]I 0 33รออฐ533(^8ร o ^ o j^ c ^ 88tt)o8tS§ว;รช:ะรววcibc^l < รษ อ ร §8 ว '2 cgfc วอ c£ 9<&000ร00£ร33(^8; GSDoSg](ไรฤ0£รแ 330ocS|oq§;^;ooQ8goi |8§รทร0ว§ร001 88c§ eiio85s§os§Ssc^ ^cS^QCoSc^ajSi c^cogBsoo^cS 00D0GSpr£a^8i (^00833sp^cD ^i^รษ ว ว ogSs^gg^sooo;o3 86|S^8gS030c?30€|C0sp;ช ; GE^cSoววะออ£^ odcdSsgo; ช CไรjSoong 33เรร|8ร©060ร§6)ษ£ร11

( p ) 3s(go:oogSsb raspะgoG3fcjjo:og£ 9£ระ§08ชไ§0©0วว^1 0^00Kp;^; 00£ร1 33§ล ร3® 06 |§0ววว-ว3ราI cJj>33£00j& ^ ;0 ว 5 ร 0 0 ว ช ^ ว ว ^ cosp;«^§8c8coobะ§ {^รษเ (ช ) cg8GoT§oo^ออ£ร§รวว('รว3^วอ£รชเวรC^q8;i (^>co8[} วอ^ออ c£g วอร อเrร c^q£:i 33 ท)รรชเร^รร3รวร§8 © 80ร0;^ว;^ว^G ว(ไร! oiji8§:«§8 0§รนวว(tp:c§ ออ£ร| ^รษ JOI (อ ) ^ อรรบใCร33£jl ฒรษนวว;U9c£«U}c£>3^gc£l£]9^§£I รชร§0ร0ว£ร330^8; ฉรรเช ^^อ ช ^แ COGp รดรวอ£ร O^cSjScScXjl^l 88oo8gOo5cO^Oo8 § 8 วอ1& 3ร|(ไ^ ชร^รอว£ร11

( ช ) ( c o ) o o § s^ ;n o c 8 S §วรเฐ8ร(ไ^ ^ c £ ^ o o o 8 c ^ วอ^ 3 3 ^ c g 8 ^ c S ^ c o £ c ^ ช 33วะ oosp;c^aj§q8ji ^0ชช00ว£<^)ะช:รว: oofipssojlqb; ^cSojsjQgSu

(3 ) §£^*ทเร(าว อรรรฐวร§ 8sc ^c£(Jaoo8c^o3 33 cg8 3 £«pooco£".Go:

0J330; (X!6p;^a2|jq8si 9^000ร(^ว}$ร^;33วะ oospjaoj|q8i^cbajqo^ii( 3 ) 00อวร^:oogSi SSsji^cScoo ว338^๙ 8ฐ5[0ว6©วรcf^cS<^ioS33<p§jo6;§

ช ('รแรรG0!^6|9i&ll

(?)

( 6 ) 00ลว;ดร00 o^Gooor£ps§88§syc§oo£§ (|)So JO I ช ร ( o ) ร , 338oldS33sjiro8«ooo^Sco^c 3ชร§c£cq{ร 9<£ช๓833ลว§ะ0^ เ0§0วล3รช!^£ra8§33C 8s 08 ร;ควร g ออcSg วอร^cS ช©ว3^8cg8 c ^ 3 3 8 o D ^ § S a o 8 ^ ชเวรคg i 0^(ไรช®วะช;รช:ร อว(ไร^ร M ^33G jrgoS s33Spq |วะ^ ^ลSsooScflGODSGSoSG^cgSssjogSii 0$o§8 ycS craS

33ลว§|อว£ร| 0 0รช©วะช8cg8 cora^cSd^s§sG^cร ชรษ วช 0g8 วปoS^cS0วว;อ อ^ 33C^8j 630ว8ฐrosjogn

(9 ) §fidSo06pSOCOSpS ฐร ช <£)ร0ปว338|(ไ | 0ร>ลร0จฐช jjspGOOJCgS §ร)ร

^ 8§ 8§ o o ^ V ^ 8odลวรษ;เร^ 33(ช 3o8g8^G ® ล ocjSii ล f (ช ^ ! jG c o S o o e p M ^ 'i l ^ ® 00032^ 0 1 OOSp?Cgc8GOOร^Oata SoSgS GOejGfSlI 33(ชร>$0£ร 9§8cc6p?y ด;(ไอ! ะ 00£ร5ษ(ชcS

OQSpSCgcSGOoSaO ช c8oออว3 3 ร ; |วอ2อ 3 3 ^ ววc8§8s|Ogll

JJ II แชฐะอว00ว0รษ(ชcSoO^GJOO.-^psmi ชฐววววปว0ร8§ร«.-^ a8Ss§วร €)£ rocSQajSi c8GJOTr£jpsoo£§ < ^ 8 ^ :0 ^ £|33 'ไรg อร3 33 i'jC)8 รร§ ว;ล£ oooByao^ (ช 9<ะ8(ชลษ£รแ

J 911 แ(#รแวววอววเ ร8 (5) อวววอว! ^เวววอววอวลรลSr (ไ :กฐมรรอปว

oggSsQ^GD ลGอวร00^ jflSeaooBaw^oS co^sooGooocSoofSi ชgococooo£8§:a$8

£|33c8gOG3336) c85s§ว 50381 ะ§0ว;ร;aajc8 (ไ8=รคว วอ{ไร(ช c8(^§8s3S]Cq8l c8oj

cog c 33Sgooo8odวรช> g°l§cช ycSojsja^ii C c§8 0g£§^G0§8j«£}§i (ชะช

6วว3ช;09เร1 dj>oj<iiSco£§ร^รลวร^8g8oogSi o£jta}ส:ษขปวร 8cอวรวอ§รfejว::§ oorBespcS

ลษ^)!!

J ธแ Ii (อ ) gjjaarSgOGSsas) 0รร5§วรอ}ไะไ§อว£ร:ช(ช c8 c8Sj§ว!^

ววฐว(ช < cS(ช§8s3£|O C i Og£s§8s$8§8§8®So^ร?GOOOc8gpO;O^I o8o{C§ 8

(^ว£(§^8อววรช33ว;<ท!รอว£ร ชgooวอวว0 ร§^«ว0ชลเรลบ ระ ะรอochะ§1 ชฐวววอวว

OgOOcSsBC Ss รชร§(£)ลษ£รแ( j ) 0เช5«§8 ชรษ j E 0ใ c8gfep;33c§5l “ 8 ออจะช ” ร วว£ร®(ไอว:ล8

0g8 oo€p2o8coSi cospsoSoooosi ะ§00£&«(ช<ไร «ผว:ชวร§8<ว0ลว:0รอววรฉวร,!ชเวร

oicScagSlI

J 3 แ I I(ว ) coSo อววะ<-2 ว§1ร^(ไร8 ! 08£ร;^0๐^(ไรgi อววรอวรรอร^ะะรร:^ c8gc§s^8sp ชฐววววอวGaออ cS ส! ค0ว§รอ|cSช!วรวว£ร! £ เ33(ไร£00333ล o8Ss§ว:§ อJC§ 33goTc§i ะ§cพ^รษนชcS^08รร§วร0>^อว^(ช 9 (ไร(ช§ ระรร):ช c§33goTc§i oijb}C§อว£ร ชgooวอววอร §^0วะช(แะอเ^ะ§ระ8วว(ไ^c§ วรวดอวอว(ไร0ลว(ไรลษ£รแ

§8รอ|(ไรแ แะ§ลวCg8l 0ว^ร0อ63วว:§ 33วดทว^G อววฮววอวว G ล :GGCDOC}ร® OO^mjgbGOI c£ C§Gววววววอวว©ล? QGCO(ชร®(ไ 33(7ไ§รอว(ร0ลว(ไร60อว£ร ๐วSp’gOG3 อ ว ^ TO§8g®I ชgooวอววo รษ(ชCรอว£ร &00ว(£แว:0ว§ร33ว: ชgooวอววอ 88§5000§ !§ s 0ง8«00วร33§ 8goT8s<Sc6g ^ 8jC^ ฐรช^เอว£ร33ร(ท0วร:6เอ3ว8| ^ 60อว1-^วะถว ทฐว§|8;< )031รท2ว§;:8ร^รอว011 0 330 ว 8ร6^ ว 8 C^GUJว(ไ^วsoว 0^8§;0(ไ^ท2ว§|รรogjS I ะ§0อ ^ร y (ช c8 g |g ,ใ 0381 cfjloogSsoajcS c^cSc8coาร6ลวcร g § so § :$5®rft6pG6pcSอว£§

tjigcoocooo 88 :atjp: 32-(ช:08ร:ค•ว: ร oacgsorSsflu 7

8 (Jgaoooooo 88 :ษช0ะ 33a}so8S:go:gjS oaegaocSag,(gScoi OGSpcSoo^gSe®! 6|(ไรอ<ไ£'วอ£ร33^33^33ว5§8 8c8ao8s£|G33ว8Q(X)|81 33ร ชไ SGCOO^ร©001 C§00g5s90r)cS OOSpSgOGOOO o^Sc^oSS^GOOOO^—

( c o ) d Jc o o o c fp so o fS i §ร§ร^ร0$ฐ ร5ช 0ร9 8 8 s |g § cS g o d o 3 2^c^ § |c g c B 6|0^^8l ชgCOOOOOo88§5G3305 GCqSG^GOSGpfSlI

( a ) ช ฐ วววววว 0 ร 8§!90ว£ร1 0วว!0ว§รฮaoso js c 8§ 5a8 8 s£8c^§|€|G g§ii

( o ) 33{j|'jSoG6pcSG00!DD£§ วววรวป§Stj|OS33Cgc8l (TOGCOS©^c6gOS0«^II

( j ) §c§gooo8<5 § ^ q o ^ 8c o o o ;§ S o o ^ ช 9ว000ว00ร«0ช €8 |ว2รร3ป 0 8§;aoo^!cogSi ชฐออววอ oo£go^oชวอฐชgcgoc^os§8 0วรษ000533§ ร goT8socSg^©§i ชgcoo^c^ajSG Q oSsc^ogoScgS c§cช c§30j&I <Jj33cSg0G333S| c8Ssjyosjrc}c8ooob:|ji (1'รษ J 9 §ร ช รy J 3 (ว ) ชใ jogoSpJsgrftqpsoD^S 0 ^ c § § !รออ cSs^SspgSii

§ รรชc8n I:ะ spcgS cfj!8^a ช gว0วะงวะ§02ร6@0ร5(ไ^ร02ฆรอ0£ร333ใ crisp: gOG3clbC§ 33ว00ว§6วอว O GOOOaSjOS๙! ววววปวรร|ร060ว0ชร©0ว330ว§86©| djic^GOOO OQOCX)OG6|S6GC003!©C 330^ร00-าร0ฤวด8ร00ป ^ 00สวท003003?™ §^6อ I oSgCJOOC O! 330! djitjgว00วป00ร8 8<>'§ร 0ว8ษ0ววะ33§S gp]8;oc8g ^ §8;c^ g 8 « y ะ ง ^ ร 3G ว ร ร e g o S cgo§j8sc^GcoS d ^ s o ชฐววววววะ^ojSG§o8Ec^scgdSoo^G^^ ooSooqiSco^S TOOC033^St33§OS330gSs C§GU30cfj|OSC0§Se©l 0§8§รช0ว(ฐร©©| CgO§|8s^8aD^ll อ 3 3 6 ^ o 8 :g ^o 8 —

(ถว) CGOOOC£{|OSOO o^8^sac^ngo§|Sscv3j8—(o o m ) ช 2 ววววอว:§ ojsGjyoSsc^sogdSjgSsy^Sooi 0§8§sa G oSjSS

6|C0£§ 33OO SO3©OI33G033GfGO3Oc6oGCqOGOL)O 3300§?33©0s 33G§33G^0g8 so (ไ8 cง c8g^Q^8^8g33o8 O GTOO (ไ ร วป cง0§

©%So^ o^8^«G^c&coSc8 รร§วร||8; y^ja^ooocoocSajs 4

ะ§Gวอระง£§s o^c§ojsGgo8sc^sngoS§SsoQ§co O GCJaOO jOS OO^SOO^S^8§8gCOO G^SaDgSogf&C^ c^8§sy า»|§ร9§6©6|11

( o o ) ะ^ร^รษวอฐฐ 33gaS«G6prSG005C » ^ a3osco§s33osajs o8^scS5s§ ^ จสร0^ 11 < € 6 s

(bOOD) O GCWOaชวรวอ^ 33ร§0ใ33g|oS«GGpc8GOOSOO£§ วววระง§รชวร 33CgcS OOGroS0?,c8GOSqyj£ll

( a ) c ^ 8^!«(T0 d§G นวว c r p s c ^ c g o ฐ&ร cgjS—( c o r n ) 0§ 8§ sa ช g o o o o o o cg o jsg ^ o S sc ^ so ^ o S ^ S so ^ Io o i c§ 8§ sa

00§ร0วฐ5; 8§ S g30ว Og^Ss^CDolsi djlGOOOoipS 00§S00^S ^Sgooo «25 ออ£ร0££ร;<^| 0 8 59 6|g8a§jG©6)H

( 33 ) 0^8§ร«00£ร 33gcSossp (ไรG วว;33£ร 33ว;วอ§ร330ร0ชร 08^:088:

( o o ) 0 6030(^ 0233 ร 33ร^อา33ด oSyGSpไรG33;33gJ> 330;33§:ช 0ะ 33cgcS ooeco5®8,cSeosq«^ii

§1รร0วร8ช0รII แ£เชรษนา 00ว3ป0เ3;)ร660ว0ชร®ร^ววฐ2©OOOSS)8| “ 300030 ”

3 § 0 0 (£ g 0 ช g ว00อป ว0ร§8วว(ว ร8§:0§ร GoltSG ('ร 3333(j>®<§ 0§8§รษ๙<:o 8co0oc£)ps 03®§cQ^c8c^jngcS33 300วอoc^ 3 ว 0£รแ

( 9 ) ^เช รรอา |tjgO§รอ|Cไร ชวรอป£ร £ |33cSgOG3 ®038330030000^8 G§ocScง ascgSsi ชgcoo030088^5018 0 8^50๙ ช.gcooooooSoc^cSoo:ร coSgcoo(ไ8 p ; c§§8^sgcoo ( 33oceoos|ooGps$soo §oo|j อ) cSj^;oop3 03£oa)oscgo§|S;^c8g o o l) 00S OOOOJ(ไgo§)8i^'cSgi ะ§๐3jiSiya^cร ชgooooaooSoajcSoogB coSgcwoo^osoo ชg030030 oSS^soc^ g | g lo 3^ScBgi ะ§ 00^ ร 0ท 0ร c^aSc8a 3c8s s p & g )£ );o ^ 5 ® cS sp G6p(£)33£S

§8g®I 00ช3ะไร33£ร§ร6ว1 G|CS®Cไรวว^ร03ค 03 ร30ร0 ร 8cSso8;$)G33oS|yOO£§c8g33osoj;$i833003$8ร)'»£§แ

J Gil ll£|33cSgOG333G| o8S!§Osja:3JC§^il ะ§00^ ร 0ท€ร c6§!§วรร^ 00^ บช ^cSoJ§C;36|3JC§๙ O SGgSO cSa^ S ® 8aq|5s30^c8g320ic^ะ(ไ c > ว^ c§>§8 ojj>3JC§๙

8a>os^33o ia^33gS ชgวoo30o o8§ |o o o j t | ; ^ ^ s § 8cSaoc^c§i ชgวอว030 00330533C^Ss ต ;§cรร|0(£แ

JQII llg|3d(ไรgOG3336) d8Ss§OSC^5l ะ{joo^&oojcร o8Ss§0!33 a j yc5o j g8s36|cq|Si 0?i>3i}jS^;9 2าร§ร60000ว0ร0ว83ช0รว0£ร oospio 8อ0ว:อป8;ช|0รค£อป^ร0^ ^ c S a ^ i i

J oil IIO^OJOS^I 0ท 0ร0 อ 0 0ว ^ร §8| | OOJCร0^ 0ช 88ว8อปะร03£รร§£ รอป 0 เ C^OOj&OJ^cS 0 } § ะ ร 3 ว £ ร COjSj^SgOOO G o T § อ เ0ร0า§0ว£§ (g |33 (ไรgOG333ร)

lygO^SOOOSGOOo) a jo W o T ช 03C^G335qS;i 0^ ^ 0 030 33 (ไรGC0303โร^(ไร O^GSoSCjS.

ร ท 60361 ะ§ OQ fSsoajcS OOcS^cSc^SCqSl ะ§ 0 ว£รร00ช :ร ^ O O ^ g Q o S s 33c8g3330^ 8i

dSjiajoooB รp :?3 0 :S r§ ร (1)ร;} o g g 336)1 §Sgoqusc^ ^ 3o^ Soj| 90ร026|ษ£รแ

Jgii uogSo3^ cS< ^ oo8oasp§os^ —( ว ) S^S6p33sjgoSs§o;®0 ร) }|CVj|Sl C^33gQ o8s§OS®OC^ ชรษ o 33ร)!

Gnq igo jgSsy lycfr i ะ§OOgSsO;XJcS

( j ) s^8sp33G^o8;§o2Doc^ 88ร)3เ§ะร|.0;-ไร อ 9 ร)(ไร33CgSsi cfjSoo Ss ooocS

( p ) 08Ss§OSO^8^S0D3^ 3333(ไร JO oQ^Sgะอ;ะ^รI 0§8§ร0๙ รอวOO^jgSe®! 8ววGววรชร(ท)ร 3^5oS^S3J00^§8g®I <^)33ร33£§

ออGOOOOJ อ)(ไร c > ร ) ^ ;00 03obi C§OO^SG3 Cร

tjgcooosoo £8 :0ช0ร aaaj:c86:§o;^|£ 03Gg30{£ajn 9

( 9 ) (1)ร ษ ว ว c^Sa^ ( ว ) I 9 ร « อ J 9ร « | ( ? ) 33 ร (ท ว ) | (1)รช o J (1เรq | ( 6 ) 3 3 ( ร ) c o ^ o l ค ร ว^?ชCรเช'วะ ,&รo|cq[8§

cScXJ -S^Sot iS gj|33 ารgJG033S|l <ว8รร§วรร0ร(ท|8| 0^33Sp§วว£ร a ) |S o 8 G ออว&3«ว Q Scci 3 0 8 oocSa^Gววว G g o ^ 3 ^ e01 ช^ะร§SssJ§roG 06|«^ii

po ll r$8cgooSoowว'ว:อ£ร1 c^33.ไรgoG3ol:8gtjเวร.^ GSO วรฐ(ไร 6|^33C§y1 ^ ^ 1 ฐ 0 6 3 เ |ว ะ |yi[b00fbll

10 tj>gcoooooo£8pi«ชวร 3iag;c8§:§os$$S oscgsofSs D

e o a o s ii

^อ 00 (รนวววช'ว:330gc8) II

(vSu รc 8 S s y 0 5 C ^ G ^ 0 6 s 3 3 G ^ 0 8 § ^ 0 S © 0 ^ © l l

------------------------------------------------- 4ร»------------------ ----------------------------- gft£n

--------------------------------------------- GO JgOIIc85j§o:g^cS^coS33€p§o6n

cgl^5c»^l ^ 3 3 cg o S ; rgosooogS 33'ป£ร9®|[ 33G£go8:33?pfcp;GoT(y

33ร§วร!@ว!®วรบะ§0} GoT§SJc8qp:il33^8; (o ) l l

( t o ) 33ษ£รแ

) ygoog^ccooojfl ( 00) (ไ^ะทฐขS o o g c o o c x )ว!!( c ) 3 3 a x £ n( o ) 33g ^ o SsQ o ;©o go^ o3 ^ g |6 |c5 oc^ 8 § gij>oc£ ะชะ อ 9 ร)c S c o c S u ^ s

G^C^8a^rS§00^33£)5ll( s o ) ร ว ว ช ว ร ส ร 3 0 £ ร-----

(°ไ0 )

(^ฮวว0ว0๐88§พช0ร 03<ช:08ร!§วร^§ร OaCgSOcSagll 11

( e ) รฮวชวะสเ ฮรต ร33(^รแ( ช ) ร ะ ว ช ว ร ^ Gf€|8ll(เร) (รฮวช'วระรฉว^เรต^ร «§ต ;8) ต ร o8§รต ส 33ษ£รแ( § ) ต ร a8เ ะ ต 03ต 8o3c )8§8 G^S|5[|( s ) ร ร ^ ะ ร ต เร ท ว o 8 S :§ ว : ต : ต ต c£> ษ ต c8 i c 8 8 s § ว ? ต ร ต § ร (ท |& c^o8S s

@0ช$0 นว^G |fi |r8 c g 8 ฉ200£รคร0ช0ร§0§แ(ร ) 33(ท|ร«ขปว: 33 วอ::ร sj>8 ต เ cS GOOS ต:8 0 0๐ววร<ส1ฉ30£ร§ร Gf>€|Sll

33ljjS: ( j )แ(ทว) ( co co rS o j^ ) 33 ษ£รแ ( ร ) 33ต ร 33:ไ 8แ ( o ) ษ£รววฐร^8 c วววะเ!

(o o ) c^sogcSวปฐรวววะงวเ ( c ) 33ccc8ll(©) ะรg|toวร:;ap:®OGo:§30£S c ^ rS o c ^ S S c^oc-รต ; วช «|(ไร00(ไรษ$£รร

G^,c^8^)jc8§ 00 3se|6il(ร ๐ ) 8 x ช ว ร ๙ 32 ษ £ § -----

(° )0 )

( e ) ระทชว :เ&33ต ร ธ 2<^8แ ( ช ) รววชว:ส !G qSn

(.03) (รวอ ช ว :ะร ววถรร เรต ^น ^ต ร) ต 5oร ^ ต & 30£§แ(ร ) ต ร c8£:ตรร 030‘!ร030 )&ร|8ร^6)ร||( g ) 03วว cS JO fc>{y£§Gวอ:ต;รเ รววชว:( ;! ะ§0ว£ร:ษต0ร ต ร (ว ร ^ร ต ^

000ะ0วตช;ไร S|<jjj§: ต 0 ร «crpc8n ( ร ) ODGวววต ช c^GciicogS ระ)วชวะgti ะ§0ว£ร:ษตcS ต Sc8 ต ส ;33«£ร1

33ตระJ3C^S§8 G$K|8h ( « ) 0§ ต 9ว 33 ต เรCO 0ร ร :§วะต :ต ต c8 ษ ต Cร) 0ร ร :§ว :ต :ต ค ร ต เร I

oSjjoSS:§ว : ^ ว น '^G$S|rScg8 9200 §Soq)rS§ «§แ( cocS^cSii)

9c89Co8D3€p§G§)CgSogr6ะ รแ แ0300(ไร0ใ oscjrgว8ะja p :e 033tjSS: ( ว ) 0g8 gsT §o1§gooo OTG^oStDasp^pi

ท2เ$ ร ^ 0ร(^18ว8§ 6|3ปช ต'ะ8'3>^G^>8:jg8q8:i 33§8:(j)cgScoT §o1§G ววว 33G|rcp8: ะ» ช )^วเ ต ^ 8 0 ว:ะรต(ต{ไรลวอ^ ต Cร^^ร ^วระ@ รช8:เ 0 ^ 8 “ 00ogcSs^olcofSii 0300(ไร0ไ336เต ว8;£)0วะ00ต £ 0า§00£ร08?§ช (ไรงว^^วเ ต ^รวร^วอช ษ ต ะ ร ษ ต |ร | (^0§8co8:c§cocnc(ร'โคช(ไร^ ^ ต 5cpogSi cgj^Soo 0§caT §ช

oo^c6« ^ e g o 8:c8§c3SGC»SqSji ะ§00ฐร:ษ0?0ร ujfiSogScaoSqS:! c§goT§ช<£oogSy?» y ^ ^o jB c^ g & q & B o o S q g si ng|^5p sp t?a3c8ฐไ^รo ว g g 336|I c o sp ^ 5 o ^ c 8 oo£§jg£c£go8s (ถ $&8§0า3ว$1

(cocS^cSn)G 330c6 o] oocS gooc§G§|Cg S —

( o ) (ra c fy -S )](330^51 330 8390 858 G 6|Sll)

( j ) ( c o c f y c S )( 33« g l 330ชร330 8§§ G^SjSll)

12 «J§0ววววว(ว88§ะ0ชวะ 0305ะ<£ระ§วะraegaocSajfn

01 33Gjogocs33Gp^ว ^ ^ท ว ^ !030c: (ชวJOวo ^ s ic o ^ fc i u>c:cCj>9^co^G|ogoc:0c gcgc* ร^ชc8f^i ท2เ§รร§}§9รร1 3300c8og8coc8^c8G6|;c^;ao^ ว ว ^ ว ว ^ ะ ร เ^ ช ร น °coc8 )d5G6|So^SOOt§ll

(corS^cSn) c86s§วsj^cS ^co8336p§)i

3300080! 33G go8;gos© o8g5(c^____ __ _______________ ร](&§ช)8 rg |^ 8 ^ชร§ ธรช'วะ§ร6ะฆวร$£[ว§ cn S ^ cร0 0 ร§0§ 1§ร0ว ^ § ร | d§33ego6!go!oo8g5|qo;(^c 33or6o lG |6|cS^o:cg8____________________ 001 ^ §:cง^ร:§ 8 ร ^ว 8 :แ

(cx>cS$>cSii) c85s§ว ะ ^ 08^00833 6p$:

9© 3 ( 8£:«330gc8) II

(c£o G

g8S:§OSC$C§9 ร* OaG^oSsjttpSOO^OII,---------------------------------------- -S § 8 |;-------------------------------------- . IfoSii-------------- -------------------------60ชรฐวแ

33G |ap8s£g0S© 0G 0S§32<^ GoT@ qcรช ว ;แ3ร 8ร ( ว ) II

(o o ) 330£รแ ( s ) 33ต ร 33(ไ 8แ( o ) ygSoo£§fScooosii(eo) c^GgoSoอ;£ อชอวปวท

( c ) Q300c8||( ®) 33G |rao8sK o«n gos8copSgsgcSoc£>8§ GsocSaวะ o c orSoocSospSs ; ร „ 1จ ^ ^( s o ) 8 วอ(ชวะ๙ 330£ร----

ร0ไ / x (j) c ( ( ? ) 8วอชวะ๙ 33ต 83a (ไ 8แ( q ) 8 c o tp ;^ G $ « jS n( 0 ) (รววช ว53SOOcSgjSct]jc6o§Og|8i) ต ร o8§รต ๙ 33y£§ll ( § ) ต8<ว8รรต๙ 33ต ร 33(ไ 8$ 8g^C] รแ( g ) 33วว(ไร J 0 ษคเว5gวOSOjflSl 8 ออชวะ๙ I ะ§0อ£§;0ต€ร ต 8 c 8 ต {ร

OOGCXIOOJ Cรรเ§ ^ ะ ต 0 ร ษ ต Cรแ ( ร ) ออรออวตช(ไรGO;ว อ ^ 8ว0ช ว ร๙1 ะ§ 0ว£รร0ต Cร ต8<ว8§ระช๙ 33«£§1

33ต ร 33(ไ 8§8«$6|รแ ( 0 ) 8890 330}ร0ว085;§อะต ;ต ต (ะร ษ ต Cรเ 685ร§ว:ต ะต § S a j8 c^o8S:

§ 0รย9ว นวชG|«|c5og8 330อ£ร(ฐร0ช(ไร §o§H (« ว ) 33ต(ร0ว8 33วอ(ไร5)8ทเ(ไร§Gอป;เทเรเ 0 0วร๙33ษ ^ §8g^6|8||

33tjSS: ( j ) II(00) (coaxรต ส |) 3300อแ

( 3) 33ต ร 330 8II

( o ) y^SoogS^cooosn

(ชอ) (ไ ;(ไgoรออ;]รวอวอปวแ

( c) 33000811( ®) 33ร ^ อ 8ะคอ;©ว §co^> G |G |cS yc^S § £ ^ ว (ไรต : ว 9 «|("ร0อ(ไร ษ^£ระ

6^0§ร0ช(ไร§วว^036|8เ (a o ) 8วอชวะ๙ 330£ร—

( ว ), X C( (?) 8ววช0ร๙33ตร33(^8แ

( q ) 8วอชว;๙ G|>6|&II( ฐ ว ) ( รวอช ว;33ออ(ไร§ ^ (ท เ'(ไรษ^(ทเร) ต 8 0 3 § 2 ต ๙ 3 3 0 £ ร แ

(jgcQOODOoรร :ษช0: aaojscS&sgosgfSosegsocSa 13

•4 tjgoooax>o88j>:« ชวะ £»(ช;<ะ8ร1§วะ^ร oaegaocSs^n '( 5) ต ร c8§ะ ว ^ 33o}533c^8§8g$«)8i!( 9 ) ° ? ° W ' ร®cอ|8oDo8S :§o :c j:3jj[yjc8 ษ(ค cSi c8Ss§osc2?aj§£a9j8 0^

c8S:§o:^o co^G^sjnSogS £0OT^S§£c^jcS^ Ojjii(corS^Cรแ)

9c£)(j)00&336p G<j)CgScgc8ร^ชcBlI

9300cS อา 33G^goS:£gว:®033(Jfc=’ (ว )9 2 ร CtfTjcjol^GSOO D3cQo8s03Sp^O qgi^tJc^cSc^ScSjjsico^ apcS^^G§o8:§ 8qS!i 33(jSS; ( j ) Cg8 goT§o1§gooo 33G£gวรร ะJ36p<p o g )|9§ o ;^ u j> jg ^ q วว (|I u jc ^ c 'c g o 8°§8qb:1 ng§0 coogcSร^อใวอ£ร1 33 CO (ไรนา 33G^o8sQos®oog8 a^co^GaT^SjjcSoo^^o rgj^«c8§OD!j « 0 cS «^ cq 8i c§ o§8 ขอ8:c§G3ooGoT§3jc8a ค(ทScpogS ngj^aoo o£j>GoT|y ชcรวว1ไร Ioc^:5«9§G§o8:c8^ajSG3o8q8sic§oogS:9U2cร o^|tt):£(ทแร0ววรชร51 d^GoTjy อ('ระ»£§!ข ช เะ ร '^ วว ^ (ค o (ค ^ ว ร:อ )ร<3 วอรชะโรเ ท2เ|ษ9ว s p e a o c S jc ^ S y o g g 336)1 C Q € p :^ £ )

'ไรวว gS'gSGjapS: cg|^«o8§(/locgii( CO (£90811)

GDSOcSolcD (ไรGวว C§G§)Gg&-----( ว ) (corS^cS)

(อ3«วร1 ะ©ท?5o3f^8§8 GSClSll')0) (ax&r

(oaogSl D3Cคร 33f^8^8 G^S|5ll)

3300(ไร0ใ G(sT§ลcSqpscfy qga8s£jta}330;i วว c8£rjo:^S2co8s(yspi cSjlGoT^cไรชวะ 0า 33e^ o S s333ptjp:^^co^G§o8; c^ ว}ท00 เรวว£รค8| ฆประ c§9§tf)§G^go8s|gS g| cgc&^jcSc^i ngi^'Scn^qSsi 33ร0(ไร0ฐร0วโไร9cร0ร|ร0^รวว^ 3ป<ไร<3วว|ร§ะ<2§1§อระเ 00๓

cScejjofjlsOO SlI

(cocS^c8n)c65s§o:jycS^cofc33sp ii

3300cSol 33G^o8s^OS®o8g5}C^ ___________________ S|C^G|Cg81 cg^8^t ด!§ 33^psg8GOOOGfSp§ ทวระอ((ไรG § ร§ ว§,•§^)ว? ^ §81 0§33ร£ฐวระ{^วะ©วSjgjqpJO'i G330c8u1 G$€)C&2ร _ _______________ 00 ^5CO^I§Sg(ฐวรรแ

e£

(c \x ร c8ll)ฟระค"ว:^cS$OTfc396p§ii

ช 2 ว ว ว 0 ว 0 0 ร 8 ^ ษ ช ว ะ o s o j x 6 S : § o s j j 5 : » c g a o c 6 s > g . i

ชซ oil15

(^G|S:oo8ojgo1Ssgcosgco£§gos|«^ii )

(ช ร B ว ร c ) ? g ^ i i )

o8 S s§ O S G ^ o S2 OOcS g OOS^cS^OOEช 5<^®ll

..........••••IIo8Ss§'วรวว£ร G§e,c£llc85sjtpssp D36]5 ll

(co ) ro S ^3 3 9^ ll( a ) ฉวววcรแ ( o ) Q^SoO^ScOOOSII

(a o ) c^cg'JSoogSวไทวววแ ( c ) 330 503C 8 II (®) G£€|Sll

(so) Sootjps&aofSi 33<ท8อ»c^8§8 G$G|8ll

(ff) (8ootp!33DDc6§|8o^cBa§o^) 'ช 5cร ^ เ ว aacSl 33ะชร33(ไ^ร$ร

G^qSii

(c o ) ษนววะ(ส:32ษ£รแ( a ) 3200C8#( o ) 0£ร0ป^ร0วอ0ะแ

(ชว) cf^CgdSoofScnวaววเ ( c ) 03.\ ร33<- 8แ

( c ) G £|S»

( s o ) 8ว0ชวะส|33«£ร| 33Cช833<^8§8g^S|5|I"(©) (รวว(เ0ร3300(ไร5)ร0ช08ษ§09|8) ะตรd8§ะว2«ร03«£ร| ะ»cชระ0(ไ ร§8

G C|Stl(c j) aaoacS J o « ^G co so g |S o8Sj@os<|$ COGOOOOJอเc8cos§;aว e§ 2coi

ะ§ ษขชc£> ะชรเวร^;ว^ะ£ « ^ ! 330ชร33(ไ^ร^รG^6|8ll

Pi e air.blc.

16 (jgcooaDoo £§^=)ชวร oaaj8c8S:gos^S oaegaocSsgn

* [°2I$G0 (ใ3$ช c§ ^ 1 i»?c8Ss§o:gc^l G330c8u1 00(ไรรอวช 0ร6§|02ร Qcv^Soใวว£ร«

og^Sc^GgiogS ฐ ต 8อาวว{5|G«oS

coS^ajcS^cSii

ocoos icocS^c&i

y

3 3 0 ^ ............................................... ^..........ร.......... II

33CVjS 33C^S................................... . . , .1...........pG $ 6|S...................... ..............................II€|S.

G°° k _ J » a j5 30C^S.................................................... . . . . II

G f> € |'S .............................................. ............................ . . . . II08ร :§ 0:อ£ว0ระง0ช อ เ rScosaj เสเ cocS^c&i

3300cSog83?O^G<sT§o1§ ช C§( 1 c85sg0sgc^ อ g ^§8 |CO 6lc8G|OgS Og|§Sc§|§gcชรวชร) I ]

<ว8ระ§ว8^0ร^0วร336[>§แ

Cรอ|c6ii แ03.าร£0รฉ^ร0 J ว 1 < ^ 8 ^ (j ) 336}| o8Ss§o:§6sc^ tj(ะ ^อ ว £ £^ g S iร^a j ช 08 @£038 ^33^Sf^OcSq;c66jOgSll

B. HINDU311 IIC 8 ||[O O O C O O O ร ช ว ร ร ^ ร ร p il

THE HINDU WIDOWS’ RE-MARRIAGE ACT.[ In d ia A c t XV, 1856.] (25th July, 1856.)

Whereas it is knovs ท that, by the law as administered in the civil Courts. Hindu widows with certain exceptions are held to be, by reason of their having been once married, incapable of contracting a second valid marriage, and the offspring of such widows by any second marriage are held to be illegitimate and incapable of inheriting property ะ

and whereas many Hindus believe that this imputed legal incapacity, although it is in accordance with established custom, is not in accordance with a true interpretation of the precepts of their religion, and desire that the civil law administered by the Courts of Justice shall no longer prevent those Hindus who may be so minded from adopting a different custom, in accordance with the dictates of their own conscience ;

and whereas it is just to relieve all such Hindus from this legal incapacity of which they complain, and the removal of all legal obstacles to the marriage

Hindu Widows' Re-Marriage. 17of Hindu widows will tend to the promotion of good morals and to the public welfare ; It is enacted as follows ะ--

1. No marriage contracted between Hindus shall be invalid, and the issue of no such marriage shall be illegitimate, by reason of the woman having been previously married or betrothed to another person who was dead at the time of such marriage, any custom and any interpretation of Hindu law to the contrary notwithstanding.

2. All rights and interests which any widow may have in her deceased husband’s property by way of maintenance, or by inheritance to her husband or to his lineal successors, or by virtue of any will or testamentary disposition conferring upon her, without express permission to re-marry, only a limited interest in such property, with no power of alienating the same, shall upon her re-marriage cease and determine as if she had then died ; and the next heirs of her deceased husband, or other persons entitled to the property on her death, shall thereupon succeed to the same.

3. On the re-marriage of a Hindu widow, if neither the widow nor any other person has been expressly constituted by the will or testamentary disposition of the deceased husband the guardian of his children, the father or paternal grandfather, or the mother or paternal grandmother, of the deceased husband, or any male relative of the deceased husband, may petition the highest Court having original jurisdiction in civil cases in the place where the deceased husband was domiciled at the time of his death for the appointment of some proper person to be guardian of the said children, and thereupon it shall be lawful for the said Court, if it shall think fit, to appoint such guardian, who when appointed shall be entitled to have the care and custody of the said children, or of any of them, during their minority in the place of their m other; and in making such appointment the Court shall be guided, so far as may be, by the laws and rules in force touching the guardianship of children who have neither father nor mother ะ

Provided that, when the said children have not property of their own sufficient for their support and proper education whilst minors, no such appointment shall be made otherwise than with the consent of the mother unless the proposed guardian shall have given security for the support and proper education of the children whilst minors.

4. Nothing in this Act contained shall be construed to render any widow who, at the time of the death of any person leaving any property, is a childless widow, capable of inheriting the whole or any share of such property, if before the passing of this Act she would have been incapable of inheriting the same by reason of her being a childless widow.

5. Except as in the three preceding sections is provided, a widow shall not, by reason of her re-marriage, forfeit any property or any right to which she

M arriage of Hindu widows legalized.

R ights of widow in deceased husband’s property to cense on her re-m arriage.

Grardian*ร!!:p of chiic T e n of deceased husband on the re-marriiige < f his widow.

Nothing in this Aci to render anychildless widow c.ipable of i: heriting.

Saving of righ ts of widow

18 Hindu Widows' Re-Marriage.

m arrying, except as provided in sections 2 to 4.Ceremonies constituting valid m ar­riage to have same effect on widow’s m arriage.

Consent to re-m arriage of m inor widow.

Punishment for abetting m arriage m ade con­trary to this section.Effect of S u c hm arriage.

Consent to re-m arriage of major widow.

Pream ble.

Validity of Anand mar- iaget.

would Otherwise be entitled ; and every widow who has re-married shall have the same rights of inheritance as she would have had, had such marriage been her first marriage.

6. Whatever words spoken, ceremonies performed or engagements made on the marriage of a Hindu female who has not been previously married are sufficient to constitute a valid marriage shall have the same effect if spoken, performed or made on the marriage of a Hindu widow ; and no marriage shall be declared invalid on the ground that such words, ceremonies or engagements are inapplicable to the case of a widow.

7- If the widow re-marrying is a minor whose marriage has not been consummated, she shall not re-marry without the consent of her father, or if she has no father, of her paternal grandfather, or if she has no such grandfather, of her mother, or, failing all these, of her elder brother , or failing also brothers, of her next male relative.

All persons knowingly abetting a marriage made contrary to the provi­sions of this section shall be liable to imprisonment for any term not exceeding one year, or to fine, or to both.

And all marriages made contrary to the provisions of this section may be declared void by a Court of law ะ Provided that, in any question regarding the validity of a marriage made contrary to the provisions of this section, such consent as is aforesaid shall be presumed until the contrary is proved, and that no such marriage shall be declared void after it has been consummated.

In the case of a widow who is of full age, or whose marriage has been consummated, her own consent shall be sufficient consent to constitute her re-marriage lawful and valid.

THE ANAND MARRIAGE ACT.[ I n d ia A c t VII, 1 9 0 9 .] (22nd October, 1909.)

Whereas it is expedient to remove any doubts as to the validity of the marriage ceremony common among the Sikhs called Anand ; It is hereby enacted as follows ะ-—

1 . * * * *

2. All marriages which may be or may have been duly solemnized according to the Sikh marriage ceremony called Anand shall be, and shall be deemed to have been with effect from the date of the solemnization of each respectively, good and valid in law.

Anand Marriage. 193. Nothing in this Act shall apply to—

(a) any marriage between persons not professing the Sikh religion, or( b) any marriage which has been judicially declared to be null

and void.4. Nothing in this Act shall affect the validity of any marriage duly

solemnized according to any other marriage ceremony customary among the Sikhs.

5. Nothing in this Act shall be deemed to validate any marriage between persons who are related to each other in any degree of consanguinity or affinity which would, according to the customary law of the Sikhs, render a marriage between them illegal.

THE HINDU DISPOSITION OF PROPERTY ACT.[ I n d ia A c t XV, 1916.] (28th September, 1916.)

Whereas it is expedient to remove certain existing disabilities in respect of the power of disposition of property by Hindus for the benefit of persons not in existence at the date of such disposition ; It is hereby enacted as follows ะ—

* * * *

2. Subject to the limitations and provisions specified in this Act, no disposition of property by a Hindu, whether by transfer inter vivos or by will, shall be invalid by reason only that any person for whose benefit it may have been made was not in existence at the date of such disposition.

3. The limitations and provisions referred to in section 2 shall be the following, namely :—

(a) in respect of dispositions by transfer inter vivos, those containedin Chapter II of the Transfer, of Property Act, and

(b) in respect of dispositions by will, those contained in sections 113,114, 115 and 116 of the Succession Act.

41 * * * *5. Where the President of the Union is of opinion that the Khoja

community in the Union of Burma or any part thereof desire that the provisions of this Act should be extended to such community, he may, by notification in the Gazette, declare that the provisions of this Act, with the substitution of the word “ Khojas ” or “ Khoja , as the case may be, for the word “ Hindus ” or “ Hindu ” , wherever those words occur, shall apply to that community in such area as may be specified in the notification, and this Act shall thereupon have effect accordingly.

Exem ption of ee ita in m arriages from Act.

Saving of m arriages solemnized according to o ther cere­monies.N on-valida­tion of m ar­riages w ithin prohibited degrees

Pream ble.

Disposition for the benefit of persons not in exibtei.ee.Limitationsandconditions.

Api licatioii of this Act to the Khoja com u.unity.

20

Pream ble.

Law or usage which inflicts forfeiture of, or affects, rights on change of religion or loss of caste to cease to be enforced.

Pream ble.

Application.

Persons not to be exclud­ed from In­heritance or rights ill j nnt-familj' property.

ร iving and exception.

THE CASTE DISABILITIES REMOVAL ACT.[ I n d ia A c t XXI, 1850.] (11th A p r i l , 1850.)

Whereas it is enacted by section 9, Regulation V II, 1832, of the Bengal Code, that “ whenever in any civil suit the parties to such suit may be of different persuasions, when one party shall be of the Hindu and the other of the Muhammadan persuasion, or where one or more of the parties to the suit shall npt be either of the Muhammadan or Hindu persuasions, the laws of those religions shall not be permitted to operate to deprive such party or parties of any property to which, but for the operation of such laws, they would have been entitled and whereas it will be beneficial to extend the principle of that enactment ; It is enacted as follows ะ—

1. So much of any law or usage as inflicts on any person forfeiture of rights or property, or may be held in any way to impair or affect any right of inheritance, by reason of his or her renouncing, or having been excluded from the communion of, any religion, or being deprived of caste, shall cease to be enforced as law-

THE HINDU INHERITANCE (REMOVAL OF DISABILITIES) ACT.[ I n d ia A c t X II, 1928.] (20th September, 1928.)

Whereas it is expedient to amend the Hindu Law relating to exclusion from inheritance of certain classes of heirs, and to remove certain dojbts ; It is hereby enacted as follows ะ—

1. This Act shall not apply to any person governed by the Dayabhaga School of Hindu Law:

2. Notwithstanding any rule of Hindu Law or custom to the contrary, no person governed by the Hindu Law, other than a person who is and has been from birth a lunatic or idiot, shall be excluded from inheritance or from any right or share in joint-family property by reason only of any disease,' deformity, or physical or mental defect.

3. Nothing contained in this Act shall affect any right which has accrued or any liability which has been incurred before the 20th September, 1928,1 or shall be deemed to confer upon any person any right in respect of any religious office or service or of the management of any religious or charitable trust which he would not have had if this Act had not been passed.

1 D ate of commencem ent of this Act.

21THE HINDU LAW OF INHERITANCE AMENDMENT ACT.

[ I n d ia A ct II. 1929.] (21st February, 1929.)Whereas it is expedient to alter the order in which certain heirs of a

Hindu male dying intestate are entitled to succeed to his estate ะ It is hereby- enacted as follows ะ—

1. This Act applies only to persons who, but for the passing of this Act would have been subject to the law of Mitakshara in respect of the provisions herein enacted, and it applies to such persons in respect only of the property of males not held in coparcenary and not disposed of by will..

2. A son’s daughter, daughter’s daughter, sister, and sister’s son shall, in the order so specified, be entitled to rank in the order of succession next after a father’s father and before a father’s brother ะ

Provided that a sister’s son shall not include a son adopted after the sister’s death.

3. Nothing in this Act shall—(a) affect any special family or local custom having the force of law,

or(b ) vest in a son’s daughter, daughter’s daughter or sister an estate

larger than, or different in kind from, that possessed by a female in property inherited by her from a male according to the school of Mitakshara law by which the male was governed, or

(c) enable more than one person to succeed by inheritance to theestate of a deceased Hindu male which by a customary or other rule of succession descends to a single heir.

THE HINDU GAINS OF LEARNING ACT.[ I n d ia A c t XXX, 1930.] (25th July, 1930.)

Whereas it is expedient to remove doubt, and to provide an uniform rule, as to the rights of a member of a Hindu undivided family in property acquired by him by means of his learning ; It is hereby enacted as follows ะ—

2 . * * * *

2.________ In this Act, unless there is anything repugnant in the subject or context,__

(a) “ acquirer ” means a member of a Hindu undivided family whoacquires gains of learning ;

(b) “ gains of learning ” means all acquisitions of property madesubstantially by means of learning, whether such acquisitions

Preamble.

Application.

O rder of succession o( certain heirs.

Savings.

Pream ble.

Definitions.

22 H indu Gains o f Learning.

Gains of learning not to be held not to be separate property of acq'iirer merely for certain reasons.

Savings.

Preamble.

be made before or after the 25th July. 1930,1 and whether such acquisitions be the ordinary or the extraordinary result of such learning ะ and

(c) “ learning” means education, whether elementary, technical, scientific, special or general, and training of every kind which is usually intended to enable a person to pursue any trade, industry, profession or avocation in life.

3. Notwithstanding any custom, rule or interpretation of the Hindu Law, no gains of learning shall be held not to be the exclusive and separate property of the acquirer merely by reason of_

(а) his learning having been, in whole or in part, imparted to him byany member, living or deceased, of his family, or with the aid of the joint funds of his family, or with the aid of the funds of any member-thereof, or

(б) himself or his family having, while he was acquiring his learning,been maintained or supported, wholly or in partT by the joint funds of his family, or by the funds of any member thereof.

4. This Act shall not be deemed in any way to affect—(a) the terms or incidents of any transfer of property made or

effected before the 25th July, 1930,1(b) the validity, invalidity, effect or consequences of anything already

suffered or done before the said date,(c) any right or liability created under a partition, or an agreement

for a partition, of joint family property made before the said date, or

(d) any remedy or proceeding in respect of such right or liability ;or to render invalid or in any way affect anything done before the said date in any proceeding pending in a Court on the said da te ; and any such remedy and any such proceeding as เร herein referred to may be enforced, instituted or continued, as the case may be, as if this Act had not been passed.

c-MUHAMMADANO il แ ช 0 ว ว ษ ๙ ) 0 0 0 0 0 0 0 S m o s a ^ S c p i !

THE KAZIS ACT.[ I n d ia A c t XII, 1880.] (9th July, 1880.)

Whereas by the preamble to Act No. XI of 1864® it was (among, other things) declared that it was inexpedient that the appointment of the Kaz i-u l-

1 Date of commencement of this Act.a Nam ely, the Native Law Officers Act, being an Act to repeal the law relating to the offices

of Hindu and M uhammadan Law Office. ร and to the offices of k h .i ul-Kma-at and ๙ Kiizi. and to [abolish the former office.

iKazis. 23Kuzaat, or of City, Town or Pargana Kazis, should be made by the Government, and by the same Act the enactments relating to the appointment by the Government of the said officers were repealed ะ and whereas by the usage of the Muhammadan community [ * * * * J1 the presence of Kdz is appointed by the Government is required at the celebration of marriages and the performance of certain other rites and ceremonies, and it is therefore expedient that the Government should again be empowered to appoint persons to the office of Kaz i; It is hereby enacted as follows :_L

1. The President of the Union may, by notification, extend2 this Act to the whole or any part of the Union of Burma.

2. Whenever it appears to the President of the Union that any consider­able number of the Muhammadans resident in any local area desire that one or more K az is should be appointed for such local area, the President of the Union may, if he thinks fit, after consulting the principal Muhammadan residents of such local area, select one or more fit persons and appoint him or them to be K az is for such local area

If any question arises whether any person has been rightly appointed K a z i under this section, the decision thereof by the President of the Union shall be conclusive.

The President of the Union may, if he thinks fit, suspend or remove any K az i appointed under this section who is guilty of any misconduct in the execution of his office, or who is for a continuous period of six months absent from the local area for which he is appointed, or leaves such local area for the purpose of residing elsewhere, or is declared an insolvent, or desires to be discharged from the office, or who refuses or becomes in the opinion of the President of the Union unfit, or personally incapable, to discharge the duties of the office.

3. Any K a z i appointed under this Act may appoint one or more persons as his naib or naibs to act in his place in all or any of the matters apper­taining to his office throughout the whole or any portion of the local area for which he is appointed, and may suspend or remove any naib so appointed.

When any K a z i is suspended or removed under section 2, his naib or naibs (if any) shall be deemed to be suspended or removed, as the case may be.

4. Nothing herein contained, and no appointment made hereunder, shall be deemed_r

(a) to confer any judicial or administrative powers on any K a z i or N a ib K a z i appointed hereunder ; or

1 The words “ in some parts of British In d ia " were om itted by the Union of Burma A daptation of Laws) Order, 1948.2 This Act has been extended to the Akyab d istrict ; see Burma Rules and O rders M anual.

Local extent.

Pow er to appoint Kazis for any local area.

Naib Kazis.

Nothing in Act \o confer judicial or ad ­m inistrative pow ers; or to render the presence of Kazi neces­sary; or to prevent any one acting as Kazi,

24 Kalis•

Definitions.

Pow er of M ussalmans to create certain wakfs.

W akfs not to be invalid by reason of rem oteness of benefit to popr, etc.Saving of local and sectarian custom.A ct to apply retrospec­tively.

ib ) to render the presence of a K a z i or N a ib K a z i necessary at the celebration of any marriage or the performance of any rite or cerem ony; or

(c) to prevent any person discharging any of the functions of a Kaz i.

THE MUSSALMAN WAKF VALIDATING ACT. p~ ACT V , . , 9 , 3 . , (jESSr*'

2. In this Act, unless there is anything repugnant in the subject or context,—

(1) “ vvakf” means the permanent d e d ic a ^ n by a person professingthe Mussalman faith of a ty property for any purpose recognized by the Mussalman law as religious, pious or charitable ;

(2) “ Hanafi Mussalman ” means a follower of the Mussalman faithwho conforms to the tenets and doctrines of the Hanafi school of Mussalman law.

3. It shall be lawful for any person professing the Mussalman faith to create a wakf, which in all other respects is in accordance with the provisions of Mussalman law, for the following among other purposes

(a) for the maintenance and support wholly or partially of his family,children or descendants, and

(b) where the person creating a wakf is a Hanafi Mussalman, also forhis own maintenance and support during his lifetime or for the payment of his debts out of the rents and profits of the property dedicated ะ

Provided that the ultimate benefit is in such cases expressly or impliedly reserved for the poor or for any other purpose recognized by the Mussalman law as a religious, pious or charitable purpose of a permanent character.

4. No such wakf shall be deemed to be invalid merely because the benefit reserved therein for the poor or other religious, pious or charitable purpose of a permanent nature is postponed until after the extinction of the family, children or descendants of the person creating the wakf-S ' ร . Nothing in this Act shall affect any custom or usage whether local or prevalent among Mussalmans of any particular class or sectT

6 , This Act shall apply also to wakfs created before the 7th March, 1913-1

1 Dale of .commencement cf this Act.

^ รว 03 ร COs o COO รog'D^&se-^stracS 006-011

[°6D? sacks063339c °S"]G330c8oT33<^8: 33cSgOG333@S ค£ว§ร< !<ไ8ฉว£รแ

o il h ( o ) g j33cSgOG3 C^ 0 0 3 9 ช§ S | ย ร0 (X>8 CoEyUOOS OgO§jS?G€|S33cSg0G 3(ท e s T s jy g H __

( j ) gjpf^g02330^ ^ScgooS ววoco 001 338§6เ03ร§ว©ว§8วocS^cS

aO^G|G|c6og£ เอCIq8o3O(XiOC0^S|0^»

( p ) ^ 3 3 f 8 g 0 G 3 0 l ค gD ^ssjr& tjpscogSi co S oo o os o g o ^8 iG 6 |^ 8 ® S cc j|§ ;^2 j33rS g O G 30 g8 ค 2 ว ^ ว ว £ ร 39ส ( ^ 01938900ชา? I 33 g e o 8 ccspg gO G 3^i ย CO ววGOOว (ไ o c 8 ^oSgos)I c ^ e§ 8 อ8รค§ว§รอเcรช ว5o ว£ร c o c S o j8 GS|2«j,8 ©8o q § ;g c c sp ;^>j£sCoSs336| §j>§ร:งGCOว (ท ค(ทรCO(|>O§03O§C CO05s ycS cSGOGjll

J Ii II (" ว ) ป3{jCoS OOSpSpOG333€)l TOcSooSgCOO 8 ^ ว 1 G330& ชา 3 2 G ja p S ; CO^^G^ ว ร ^ GDI ฮ ว ช อ อ อ ร ^ว ว ว 3 3 G |< T p 8 ? tjp sG ja p sQ S g o i c o S o c o o ; ท2ว§|8ร6|§ §00 6|0 rng8^G©S|« ii

(oo) roSgSoj ษ£ร00£§0 ช>§ G£prS§G^ScD£§C^ 9ะ8|ร1§8รแ

(s>) 88ร3วร co8§6ojra (ท60วว(ไร<3วปว 33G ฐวรรษ§pb ©วsoojcS

00ววโรชรเ^ G CO cosocScDf£s qc8cgfSo»§8si c§00{£;ta}c8

ครรรo^ §8;n

(o ) roSgSojOOfS C GCง Oc8gววว 3£G0 o8sO§cb 00§8ocS(ทร วว0า0ป, 6<s qc8og(^|§8;ii

( c o ) co b jg S o jo o ^S c o c S c o S o ^ ra o|;GOOG€pอา g co S G $ 00£ร ค ร เ G ^ocSCO^Ss S O f& O cS § o|sGOOGCpoT §Oo8 g $§S sh

( c ) 0?ร§ระทอ0£ร 0ว$ร633ว (ไ ร ษ ^ ค 8 เ0 0 ^ § ว ScScolcgSGcoo

G€po^oวรg^§8;i ะ§ooj£s«o">cS 0ว8ครว}วอ£ร ค8;oo§Gววว (ทg

§^วค รGOI ค 8ร0ว <3ววว 00ว COวววรGSp0าครGO £ooSg$§8sII

(o ) 88ฮ3วะ 33§แร9G€poS§I 88^00ร8§8 ะทรเรสววรร^เววนาร รรเอวร

ะทรd8§?ะท00 coc8co8gos|>6P 88^co8godoc^ ว^ 8 ะง(วาววค§8ร

ษ^(ท;81 33ooc8aocSclร^รษค2ร§ 0ว(ไร00ร§8ร(ท อ)cSo88s§8su

(so) ฒ รค รวjno 8833วร2>§!0^;|8©(ไ8§8!แ

£2§ร0§ร!ร008§8รร§วว£ร9ว—(coco) cocScspcS (ทแรCg§GCO§§8si ะ§00£รรษ(ทcS (ไ นรo8c\ว'(ไร

GapcS ฐ >§SO§S§8®c8gP G Spc8ท ว^รค รG®l OG€[xSoO£§§<Bg© I £|C ®rSoO 33^33^33วรค8 88o3Q: 8c8so8si)G33oS ค§8si

ช0ว£รร«(ท0ร

). §§3301 §(^) ฮว^ร3000 33คระ^6ช)(ไร633ว8 330ว8ร332รค 6'1§ 330ร(ช0ร(ฐรร

£§(^ร?^วป£ร11

(© ) 8^1000 0ว800ววรถ20§|8ร^8§8ร|ร| 33Gjap8sC06)S 33§&ค8เ 33g CoS OQ6p;gOG3336)| 380833908 ค00วร6อป0 33§ 0S33Gjcrp8s อวลรอรแ

( j ) 9§0^ (ว ) I 33(^3 (n o ) § 33s£goSsr?jS 3 3 G § § | COc8s§8gP ODsps^cD^ coS^SojcqpcSsosGfcjcgoSs oo8<j)Ot ววjScrj 03G3วจรเ^Oj8l ngo§|8sg8 0§|ร§;§00^อเ9086]ษ£รแ c ^ G jp g s §ooi] ช (j>cS วว j^)G§9 GCQS|8y§gS§ ngo§|8:§8 33§scocS § ๓ ^ อเ<j>c8§ 83y §6)ii

IgS^cSii Iic§spcg8 co S g S a joo ^ O OOOOD 33tj)£s33§ว?330g8s a^cSc^S cooG€pc-S§jGooSc;Ssi 33วทวว<^33ร00จรวว£ร r^cjSoosoj'cS^oosoSGCoSqSs i88oo£§ 88๙1 ะ&รGooo8(jjocSao6pjq|osr^ gsoo8 ด(ไร 6|§ 33 วว8§รค0รรค£ §๓?!อ]^COGอวว oosps^jร 6(7ช^ร633จร 336เ0วรรคG( ท (ว( - ร 0 ววร( ท ] ร d j S o D 6 p รรเรถ0 33S^olqgO§)8jg8 G(j)S§ร§ 0 0 ^ OcSชเโร€)9^ll

( 9 ) ชรษ& ( อ ) I 33^8 (®ะ>)§ 33sjcgo8;C 333ค ค || OOr8s^8ep oospsดรวว^I O SGOOGSpO า ^ ร 6เ0 ว8ร00ร5|0รวว£ร0} 00GC0 วร)§!ท]ร GJS§S รถจรjอl^cS 6|ษ2รแ C :§G ร§S§TO อi^ cSm ^g^00^ 33^ 5 0งรครว}aวj£ o|sGOOGSpolGqoc8coS; §09 C0€pรดร60ช$ร6330& 336 0ร?(ท|ร0ว008§0ค^8(ท!8 333*! นใ G§)S§ร§00^ OcSqjcS 6|ษ£§แ c^q§ 0QSpS SGnC)| 5G3308 33<ร( ว8ร0^ 0ว00รฐ0ษค^ร(ทเร โคจ (jiSsg ร G§)S S§TO อ^cScog>G|(j> 0ว§ร§^(ร000333า 33§saoc8§ r a | 9cSg|«^ll

pll แชรษ J 1 (^ S s ^ (o ) l 33 5 (0 0 ) 336)1 g s^00 33 cg8----( t o ) ะ 33อเวรว8§G06|§ oosps^jsoo ขรอ|os§8^8gcoo G^epogS c o c o

d^8c^8 cgSjcpoo (า0ร00จร€|90รแ( 3 ) รรเทะเรชะ^ววฐร ทว£§รวJGCDต!แชใย 33s g อ'ว; 33Gg9§ ระรเ C§OJ

0§รร339£ร |£ G$6j8tps<^> G(ท]วcScgoqg8GoT§s|y^n( o ) C06ps ด;ทจ 33£33GjcrpSs ^OaScOC^ 339ร ( ร ) 33ร|! GapnScgOOgS

goT§3Jc^oo:§ gos§6|9£§ii (^ะXJ0$วปฐะ) 33^cg8 นใo8esooS§)r8 GcgocScoo“o^8g8ej§Sj9^ii

911 แะB8gooo8£J§sgooo ysoco88§soco§รกจ 33£ะงร0วววปจo g |cgcS (ท]ร §8g®I 33คจรวจจวอจะ§ ท2ร0คจรร(ท[รคSgoi 0ว8ษขป0รก2ว§>รร§; ค รGC6)9 1I

311 แ£เ33€ร£0ร30ใ ค CoSpS jCรช]จ;วว j^Sl g|33cSgOG333S|l 0ว800ว0รถ20§)&; 0ว£ร33ฮใ| 33gcoSoospsgoG 3336|i 3§so8og£S s ( d o w e r ) | 8 i q$00£Ss9ajcS ร^ 0 8

o o cS ; ( d o w e r ) gSco8c8ooG 3oosS o S c aS sS ธสรeoooSjylSiGOoo 8£s90D§:6|c8c8aopS ® g 6 B ^ e o q .

26 (gaocoS co£«cปวร 0ฐ0§1ร!รอร3

D.—PARSI.27

£ะ>11 H 0 ls j§ 0 j^ s ^ 0 s 3 ^ s s p l l

THE PARSI MARIUAGE AND DIVORCE ACT.

CONTENTS.

I . — P r e l i m i n a r y -Sections.

1. Extent.2. Definitions.

II.— M a r r i a g e s b e t w e e n P a r s i s -

3. Requisites to validity of Parsi marriages.4. Remarriage when unlawful.5- Punishment of bigamy.6. Certificate and registry of marriage.7. Appointment of Registrar-8. Marriage register to be open for public inspection.9. Copy of certificate to be sent to Registrar-General of Births, Deaths

and Marriages.10. Registration of divorces.11 - Penalty for solemnizing marriage contrary to section 4.12. Penalty for priest’s neglect of requirements of section 6.13- Penalty for omitting to subscribe and attest certificate.14. Penalty for makingretc., false certificate.15. Penalty for failing to register certificate.16. Penalty for secreting, destroying or altering register.17. Formal irregularity not to invalidate marriage.

I I I .— P a r s i M a t r i m o n i a l C o u r t s .

18. Constitution of Special Courts under the Act.19. * * * *

20. Parsi District Matrimonial Courts.21. Power to alter territorial jurisdiction of Courts.22. * * * *

23. Court Seal.24. Appointment of delegates.

28 Parsi Marriage and Divorce-

25- Power to appoint new delegates.26- Delegates to be deemed public servants.27. Selection of delegates under section 20 to be from those appointed

under section 24.28. Practitioners in Matrimonial Courts-29. Court in which suits to be brought.

IV.—M a t r im o n ia l S u i t s .

30. Suits for nullity.31. Suits for dissolution.32. Grounds for divorce.33. Joining of co-defendant.34- Suits for judicial separation.35. Decrees in certain suits.36. Suit for restitution of conjugal rights.37. Counter-claim by defendant for any relief-38. No suit to be brought to enforce marriage or contract arising out of

marriage when husband is under sixteen years or wife under four­teen years.

39. Alimony pendente lite.40. Permanent alimony.41. Payment of alimony to wife or to her trustee.42. Disposal of joint property.43. Suits may be heard with closed doors.44. Validity of trial.45. Provisions of Code of Civil Procedure to apply to suits under the

Act.46. Determination of questions of law and procedure and of fact.47. Appeal to High Court.48. Liberty to parties to marry again.

V.—C h il d r e n o f t h e P a r t ie s .

49- Custody of children.50. Settlement of wife’s property for benefit of children.

VI.—M is c e l l a n e o u s .

51. Superintendence of High Court.52. Applicability of provisions of the Act.

SCHEDULE I.—Table of prohibited degrees of consanguinity and affinity. SCHEDULE II— Certificate of Marriage.

Sections.

29THE PARSI M A RRIA G p AND DIVORCE ACT.

[ I n d ia A c t I I I , 1936-3 (22nd June, 1936.)I .— P r e l im in a r y .

11. This Act extends to Parsis in the Union of Burma.2. In this Act, unless there is anything repugnant in the subject or

context,—( l ) * * * *

(2) “ Court ” means a Court constituted under this A c t;(3) to “ desert ”, together with its grammatical variations and cognate

expressions, means to desert the other party to a marriage with­out reasonable cause and without the consent, or against the will, of such party ;

(4) “ grievous h u r t” means—(a) emasculation ;(ft) permanent privation of the sight of either eye ;(c) permanent privation of the hearing of either ear ;(1d) privation of any member or joint ะ(e) destruction or permanent impairing of the powers of any

member or joint ะ (/) permanent disfiguration of the head or face ; or

(g) any hurt which endangers life ะ(5) “ husband ” means a Parsi husband ;(6) “ marriage ” means a marriage between Parsis whether contracted

before or after the comniMcement of this Act ;(7) a “ Parsi ” means a Parsi Zoroastrian ;(8) “ priest ” means a Parsi priest and includes Dastur and M obed ะ

a n d(9) “ wife ” means a Parsi wife.

II.—M a r r i a g e s b e t w e e n P a r s i s .

3. No marriage shall be valid if—(a) the contracting parties are related to each other in any of the

degrees of consanguinity or affinity set forth in Schedule I ; or {b) such marriage is not solemnized according to the Parsi form of

ceremony called “Ashirvad” by a priest in the presence of two Parsi witnesses other than such p rie s t; or

(c) in the case of any Parsi (whether such Parsi has changed his or her religion or domicile or not) who has not completed the age of twenty-one years, the consent of his or her father or guardian has not been previously given to such marriage.

Extent.

Definitions.

Requisites to validity of Pal sim arriages.

1 Substituted by Uie Union of Burm a (Adaptation of Laws) Order, 1<;48.

30 Parsi Marriage and Divorce.

Rem arriagew henunlawful.

Punishm ent of big;.my.

Certificate and registry of m arriage.

Appointment of R egistrar.

M arriage register to be open for public in spection .

4. ( /) No Parsi (whether such Parsi has changed his or her religion or domicile or not) shall contract any marriage under this Act or any other law in the lifetime of his or her wife or husband^ whether a Parsi or not. except after his or her lawful divorce from such wife or husband or after his or her marriage with such wife or husband has lawfully been declared null and void or dissolved, and if the marriage was contracted with such wife or husband under the Parsi Marriage and Divorce Act, 1865,1 or under this Act, as inforce for the time being in the Union of Burma or India or Pakistan, except jggj® x v ’ after a divorce, declaration or dissolution as aforesaid under either of the said Acts.

(2) Every marriage contracted contrary to the provisions of sub-section ( /) shall be void.

5. Every Parsi who during the lifetime of his or her wife or husband, whether a Parsi or not, contracts a marriage without having been lawfully divorced from such wife or husband, or without his or her marriage with such wife or husband having legally been declared null and void or dissolved, shall be subject to the penalties provided in sections 494 and 495 of the Penal Code for the offence of marrying again during the lifetime of a husband or wife.

6. Every marriage contracted under this Act shall, immediately on the solemnization thereof, be certified by the officiating priest in the form contained in Schedule II. The certificate shall be signed by the said priest, the contract­ing parties, or their fathers or guardians when they shall not have completed the age of twenty-one years, and two witnesses present at the m arriage; and the said priest shall thereupon send such certificate together with a fee of two rupees to be paid by the husband to the Registrar of the place at which such marriage is solemnized. The Registrar on receipt of the certificate and fee shall enter the certificate in a register to be kept by him for that purpose and shall be entitled to retain the fee.

7. For the purposes of this Act a Registrar shall be appointed. Within the local limits of the ordinary original civil jurisdiction of the High Court, the Registrar shall be appointed by the Chief Justice of such Court,2 and without such limits, by the President of the Union.

8. The register of marriages mentioned in section 6 shall, at all reason­able times, be open for inspection, and certified extracts therefrom shall, on application, be given by the Registrar on payment to him by the applicant of two rupees for each such extract. Every such register shall be evidence of the tru th of the statements therein contained.

1 Repealed by India Act III of 1936.2 T he Chief Justice has appointed the Deputy C o.rm irsioner, Rangoon Town Disti ict, to be

the R egistrar within the local limits of tile original civil jurisdiction of the High Court, see Burma Ga-:eit', 1939, P art IV, page !96.

Parsi Marriage and Divorce. 319. Every Registrar shall, at such internals as the President of the Union

directs, send to the Registrar-General of Births, Deaths and Marriages a true copy, certified by him in such form as the President of the Union from time to time prescribes, of all certificates entered by him in the said register of marriages since the last of such intervals-

10. When a Court passes a decree for divorce, nullity or dissolution, the K/ 8‘*‘r*tion Court shall send a copy of the decree for registration to the Registrar of 0 dlvorces‘ Marriages within its jurisdiction appointed under section 7 ; the Registrar shall enter the same in a register to be kept by him for the purpose, and the provisions of Part II applicable to the Registrars and registers of marriages shall be applicable, so far as may be, to the Registrars and registers of divorces and decrees of nullity and dissolution.

C opyof certificate to b e sent to R egistrar- General of B irths,. Deaths and M arriages.

11. Any priest knowingly and wilfully solemnizing any marriage contrary Penalty forto and in violation of section 4 shall, on conviction thereof, be punished with solemnizingโ . . โ 1 . _ ‘ p ~ c marriagesimple imprisonment for a term which may extend to six months, or with fine contrary tow h ic h m ay e x te n d to tw o h u n d re d ru p e e s , o r w ith b o th . section 4.

12. Any priest neglecting to comply with any of the requisitions affecting Penalty for him contained in section 6 shall, on conviction thereof, be punished for every neglect of such offence with simple imprisonment for a term which may extend to three requirem ents months, or with fine which may extend to one hundred rupees, or with both. of section 6*

13. Every other person required by section 6 to subscribe or attest the Penalty for said certificate who shall wilfully omit or neglect so to do, shall, on conviction subscribe*0 thereof, be punished for every such offence with a fine not exceeding one and attest hundred rupees. certificate.

14. Every person making or signing or attesting any such certificate Penalty for containing a statement which is false, and which he either knows or believes faUe^certffi-’ to be false, shall be punished with simple imprisonment for a term which may « t ®• extend to three months, or with fine which may extend to one hundred rupees,or with both ; and if the act amounts to forgery as defined in the Penal Code, then such person shall also be liable, on conviction thereof, to the penalties provided in section 4 6 6 of the said Code.

15. Any Registrar failing to enter the said certificate pursuant to section 6 Penalty for shall be punished with simple imprisonment for a term which may extend to l° one year, or with fine which may extend to one thousand rupees, or with certificate, both.

16. Any person secreting, destroying, or dishonestly or fraudulently alter- Penalty for ing the said register in any part thereof, shall be punished with imprisonment destroying of either description as defined in the Penal Code for a term which may extend or a lte rin g

32 Parsi Marriage and Divorce-

register.

Formal irregularity not to invalidate m arriage.

Constitution of Special Courts under the Act.

Parsi DistrictMatrimonialCourts.

P ow ertoalter territorial jurisdiction of Courts.

C o .rt seal.

Appointment of delegates.

Pow er to appoint new delegates.

to two years, or if lie be a Registrar, for a term which may extend to five years, and shall also be liable Tto fine which may extend to five hundred rupees.

17. No marriage contracted under this Act shall b i deemed to be invalid solely by reason of the fact that it was not certified under section 6, or that the certificate was not sent to the Registrar, or that the certificate was defec­tive, irregular or incorrect-

I I I . _ P a r s i M a t r im o n ia l C o u r t s .18. For the purpose of hearing suits under this Act, Parsi Matrimonial

Courts shall be constituted at Rangoon and at such other places as the President of the Union shall think fit.

J9_ * * * *

20. Subject to the provisions contained in section 21, the local limits of the jurisdiction of such Court shall be conterminous with the limits of the district in which น is held. In Rangoon, a Judge of the High Court, and elsewhere the Judge of the principal Court of original civil jurisdiction at such place, shall be the Judge of such Matrimonial Court, and in the trial of cases under this Act he shall be aided by seven delegates.

21. The President of the Union may alter the local limits of the jurisdic­tion of any Parsi Matrimonial Court and may include within such limits any number of districts.

22. * * * *

23. A seal shall be made for every Court constituted under this Act, and all decrees and orders and copies of decrees and orders of such Court shall be sealed with such seal, which shall be kept in the custody of the presiding Judge.

24. ( /) The President of the Union shall appoint persons to be delegates to aid in the adjudication of cases arising under this Act, after giving the local Parsis an opportunity of expressing their opinion in such manner as the President of the Union may think fit.

(2) The persons so appointed shall be Parsis, their names shall be published in the Gazette, and their number shall, within the local limits of the ordinary original civil jurisdiction of the High Court, be not more than thirty, and in districts beyond such limits, not more than twenty.

25. The appointment of a delegate shall be for ten years ; but he shall be eligible for reappointment for the like term or terms. Whenever a delegate shall die, or have completed his term of offiee, or be desirous of relinquishing his office, or refuse or become incapable or unfit to act, or cease to be a Parsi, or be convicted of an offence under the Penal Code or other law for the time being in force, or be adjudged insolvent, then and so often the President of

Parsi Marriage and Divorce■ 33the Union may appoint any person being a Parsi to be a delegate in his stead ; and the name of the person so appointed shall be published in the Gazette.

26. All delegates appointed under this Act shall be considered to be Delegates topublic servants within the meaning of the Penal Code. be deemedpublic

servants.27. The delegates selected under section 20 to aid in the adjudication of Selection of

suits under this Act shall be taken under the orders of the presiding Judge of ท81es the Court in due rotation f r o m the delegates appointed by the President of the section 20Union under section 24 '• be ,.■ " . from thoseProvided that each party to the suit may, without cause assigned, appointed challenge any three of the delegates attending the Court before such delegates “jon*24*ec" are selected and no delegate so challenged shall be selected.

28. All legal practitioners entitled to practise in the principal civil Court P rac ti t ioners of a district shall be entitled to practise in the Parsi Matrimonial Court of i<> Matri-~ . . . . monialsuch district. c< urts.

29. ( /) All suits instituted under this Act shall be brought in the Court Court in within the limits of whose jurisdiction the defendant resides at the time of tu0 suils the institution of the suit. brought.

(2) When the defendant shall a t such time have left the Union of Burma such suit shall be brought in the Court at the place where the plaintiff and defendant last resided together*

(3) In any case, whether the defendant resides in the Union of Burma or not, such suit may be brought in the Court at the place where the plaintiff resides or at the place where the plaintiff and the defendant last resided to gether, if such Court, after recording its reasons in writing, grants leave so to do.

IV._M a t r im o n ia l S u it s .30. In any case in which consummation of the marriage is from natural S-iits for

causes impossible, such marriage may, at the instance of either party thereto, null,|y- be declared to be null and void.

31. If a husband or wife shall have been continually absent from his or Suits for her wife or husband for the space of seven years, and shall not have been dissolution- heard of as being alive within that time by those persons who would have naturally heard of him or her, had he or she been alive, the marriage of such husband or wife may, at the instance of either party thereto, be dissolved.

32- Any married person may sue for divorce on any one or more of the Grounds for following grounds, namely :_ divorce.

(a) that the marriage has not been consummated within one year after its solemnization owing to the wilful refusal of the defendant to consummate i t ;

3

Parsi Marriage and Divorce.

(b) that the defendant at the time of the marriage was of unsound mind and has been habitually so up to the date of the su it:

Provided that divorce shall not be granted on this ground, unless the plaintiff (1) was ignorant of the fact at the time of the marriage, and (2) has filed the suit within three years from the date of the marriage ;

(c) that the defendant was at the time of marriage pregnant by some person other than the plaintiff ะ

Provided that divorce shall not be granted on this ground, unless (1) the plaintiff was at the time of the marriage ignorant of the fact alleged, (2) the suit has been filed within two yeani of the date of marriage, and (3) marital intercourse has not taken place after the plaintiff came to know of the fact ;

(d) that the defendant has since the marriage committed adultery or fornication or bigamy or rape or an unnatural offence ะ

Provided that divorce shall not be granted on this ground if the suit has been filed more than two years after the plaintiff came to know of the fact ะ

(e) that the defendant has since the marriage voluntarily caused grievous hurt to the plaintiff or has infected the plaintiff with venereal disease or, where the defendant is the husband, has compelled the wife to submit herself to prostitution ะ

Provided that divorce shall not be granted on this ground if the suit has been filed more than two years (i) after the infliction of the grievous hurt, or(ii) after the plaintiff came to know of the infection, or (iii) after the last act of compulsory prostitution ;

(/) that the defendant is undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Penal C ode:

Provided that divorce shall not be granted on this ground, unless the defendant has prior to the filing of the suit undergone at least one year’s imprisonment out of the said period ;

(g) that the defendant has deserted the plaintiff for at least threeyears;

(h) that a decree or order for judicial separation has been passed against the defendant, or an order has been passed against the defendant by a Magistrate awarding separate maintenance to the plaintiff, and the parties have not had marital intercourse for three years or more since such decree or order ะ

(i) that the defendant has failed to comply with a decree for restitution of conjugal rights for a year or more ; and

(/) that the defendant has ceased to be a Parsi ะProvided that divorce shall not be granted on this ground if the suit

has been filed more than two years after the plaintiff came to know of the fact.

Parsi Marriage and Divorce• 3533. In every such suit for divorce on the ground of adultery, the plaintiff

shall, unless the Court shall otherwise order, make the person with whom the adultery is alleged to have been committed a co-defendant, and in any such suit by the husband the Court may Older the adulterer to pay the whole or any part of the costs of the proceedings.

34. Any married person may sue for judicial separation on any of the grounds for which such person could have filed a suit for divorce, or on the ground that the defendant has been guilty of such cruelty to him or her or their children, or has used such personal violence, or has behaved in such a way, as to render it in the judgment of the Court improper to compel him or her to live with the defendant.

35. In any suit under sections 30, 31, 32 or 34, whether defended or not, if the Court be satisfied that any of the grounds set forth in those sections for granting relief exist, that none of the grounds therein set forth for with­holding relief exist, and that__

(a) the act or omission set forth in the plaint has not been condoned ;(b) the husband and wife are not colluding together;(c) the plaintiff has not connived at or been accessory to the said act

or omission ;(d) (save where a definite period of limitation is provided by this Act)

there has been no unnecessary or improper delay in instituting the suit ะ and

(e) there is no other legal ground why relief should not be granted ะ then and in such case, but not otherwise, the Court shall decree such relief accordingly.

36. Where a husband shall have deserted or without lawful cause ceased to cohabit with his wife, or where a wife shall have deserted or without lawful cause ceased to cohabit with her husband, the party so deserted or with whom cohabitation shall have so ceased may sue for the restitution of his or her conjugal rights, and the Court, if satisfied of the truth of the allegations contained in the plaint, and that there is no just ground why relief should not be granted, may proceed to decree such restitution of conjugal rights accordingly.

37. In any suit under this Act, the defendant may make a counter-claim for any relief he or she may be entitled to under this Act.

38. Notwithstanding anything hereinbefore contained, no suit shall be brought in any Court to enforce any marriage or any contract connected with or arising out of any marriage, if, a t the date of the institution of the suit, the husband shall not have completed the age of sixteen years, or the wife shall not have completed the age of fourteen years.

Joining of co-dcfendant.

Suits forjudicialseparation.

Decrees in certain suits.

Suit for restitution of conjugal rights.

C ounter­claim by defendant for any relief. No suit to be brought to enforce m arriage or contract arising out of m arriage whenhusband is under sixteen years or w ife under fourteen year*.

farsi Marriage and Divorce.

Alimonyp e n d in t e l it e .

Perm anentalimony.

Payment of alimony to wife or to her trustee.

Disposal of jointproperty.

Suits may be heard w ith closed doors.:

39. In any suit under this Act. if the wife shall not have an independent income sufficient for her support and the necessary expenses of the suit, the Court, on the application of the wife, may order the husband to pay her monthly or weekly during the suit such sum not exceeding one-fifth of her husband’s net income as the Court, considering the circumstances of the parties, shall think reasonable.

40. ( /) The Court may, if it shall think fit, a t the time of passing any decree under this Act or subsequently thereto on application made to it for the purpose, order that the husband shall,__

(a) to the satisfaction of the Court, secure to the wife while sheremains chaste and unmarried such gross sum or such monthly or periodical payment of money for a term not exceeding her life as, having regard to her own property, if any, her husband’s ability and the conduct of the parties, shall be deemed just, and for that purpose may require a proper instrument to be executed by all necessary parties and suspend the pronouncing of its decree until such instruments shall have been duly executed, or

(b) make such monthly payments to the wife for her maintenance andsupport as the Court may think reasonable.

In case any such order shall not be obeyed by her husband it may be enforced in the manner provided for the execution of decrees and orders under the Code of Civil Procedure, and further the husband may be sued by any person supplying the wife with necessaries during the time of such disobedience for the price of such necessaries.

(2) The Court, if satisfied that there is a change in the circumstances of either party at any time, may at the instance of either party vary, modify or rescind such order in such manner as the Court may deem just.

41. In all cases in which the Court shall make any decree or order for alimony, it may direct the same to be paid either to the wife herself, or to any trustee on her behalf to be approved by the Court, and may impose any terms or restrictions which to the Court may seem expedient, and may from time to time appoint a new trustee, if for any reason it shall appear to the Court expedient so to do.

42. In any suit under this Act the Court may make such provisions in the final decree as it may deem just and proper with respect to property presented at or about the time of marriage which may belong jointly to both the husband and wife.

43. In every suit preferred under this Act, the case shall be tried with closed doors should such be the wish of either of the parties.

Parsi Marriage and Divorce. 3744. Notwithstanding anything contained in section 20, where in the case

of a trial in a Parsi Matrimonial Court not less than five delegates have attended throughout the proceedings, the trial shall not be invalid by reason of the absence during any part thereof of the other delegates.

45. The provisions of the Code of Civil Procedure shall, so far as the same may be applicable, apply to proceedings in suits instituted under this Act, including proceedings in execution and orders subsequent to decree.

46. In suits under this Act all questions of law and procedure shall be determined by the presiding Judge ะ but the decision on the facts shall be the decision of the majority of the delegates before whom the case is tried ะ

Provided that, where such delegates are equally divided in opinion, the decision on the facts shall be the decision of the presiding Judge.

47. An appeal shall lie to the High Court from—(а) the decision of any Court established under this Act, on the ground

of the decision being contrary to some law or usage having the force of law, or of a substantial error or defect in the procedure or investigation of the case which may have produced error or defect in the decision of the case upon the merits, and on no other g round; and

(б) the granting of leave by any such Court under sub-section (3) ofsection 29:

Provided that such appeal shall be instituted within three calendar months after the decision appealed from shall have been pronounced.

48. When the time hereby limited for appealing against any decree grant­ing a divorce or annulling or dissolving a marriage shall have expired, and no appeal shall have been presented against such decree, or when any such appeal shall have been dismissed, or when in the result of any appeal a divorce has been granted or a marriage has been declared to be annulled or dissolved, but not sooner, it shall be lawful for the respective parties thereto to marry again, as if the prior marriage had been terminated by death.

V — C h il d r e n o f t h e P a r t ie s .

49. In any suit under this Act, the Court may from time to time pass such interim orders and make such provisions in the final decree as it may deem just and proper with respect to the custody, maintenance and education of the children under the age of sixteen years, the marriage of whose parents is the subject of such suit, and may, after the final decree upon application by peti­tion for this purpose, make, revoke, suspend or vary from time to time all such orders and provisions with respect to the custody, maintenance and education of suchichildren as might have been made by such final decree or by interim orders ท case the suit for obtaining such decree were still pending.

Validity of trial.

Provisions of Code of Civil Procedure to apply to suits under the Act.D eterm ina­tion of questions of law and procedure and of fact.

Appeal toHighCourt.

L iberty to parties' to m arry again.

Custody of child] en.

38 Parsi Marriage and Divorce.

Settlem ent of w ife s property fo r benefit of children.

Superin tend­ence of High Court.

Applicability of provisions of the Act.

50. In any case in w hichthe Court shall pronounce a decree of divorce or judicial separation for adultery of the wife, if it shall be made to appear to the Court that the wife is entitled to any property either in possession or reversion, the Court may order such settlement as it shall think treasonable to be made of any part of such property, not exceeding one-half thereof, for the benefit of the children of the marriage or any of them.

V I— M i s c e l l a n e o u s .51. The High Court shall have superintendence1 over all Courts con­

stituted under this Act subject to its appellate jurisdiction in the same manner as it has over other Courts [ * ♦ * * * ].2

52. (J) The provisions of this Act shall apply to all suits to which the same are applicable whether the circumstances relied on occurred before or after the passing of this Act, and whether any decree or order referred to was passed under this Act or under the law in force before the passing o£ this Act, and where any proceedings are pending in any Court at the time of the com­mencement of this Act, the Court shall allow such amendment of the pleadings as may be necessary as the result of the coming into operation of this Act.

(2) A Parsi who has contracted a marriage under the Parsi Marriage and India XV, Divorce Act, 1865, 8 or under this Act as in force for the time being in the 18Cl5' Union of Burma or India or Pakistan, even though such Parsi may change his or her religion -or domicile, so long as his or her wife or husband is alive and so long as such Parsi has not been lawfully divorced from such wife or husband or such marriage has not lawfully been declared null and void or dissolved under the decree of a competent Court under any of the said Acts, shall remain bound by the provisions of this Act.

SCHEDULE I.( See section 3 )

Table o f prohib ited Degrees o f Consanguinity and A ffinity..

A man shall not marry his__1. Paternal grand-father’s mother.2. Paternal grand-mother’s mother.3. Maternal grand-father’s mother.4. Maternal grand-mother’s mother.5. Paternal grand-mother.6. Paternal grand-father’s wife.

1 F or rule* m ade,by the High Court in exercise of this power, see Burma Gazette, 19,39, P artIV , ra g e 157. . . . . . . . _ _2 O inittedby-the Union of Burma-{Adaptation of Laws) Order, 1948.5 Repealed'by India Act III.of 1936.

Parsi Marriage and Divorce. 39

7. Maternal grand-mother.8. Maternal grand-father’s wife.9. Mother or step-mother.

10. Father’s sistei or step-sister.11. Mother’s sister or step-sister.12. Sister or step-sister.13. Brother’s daughter or step-brother’s daughter, or any direct lineal

descendant of a brother or step-brother-14. Sister’s daughter or step-sister s daugther, or any direct lineal

descendant of a sister or step-sister.15. Daughter or step-daughter, or any direct lineal descendant of either.16. Son’s daughter or step-son’s daughter, or any direct lineal descen­

dant of a son or step-son.17. Wife of son or step-son, or of any direct lineal descendant of a son

or step-son.18. Wife of daughter’s son or of step-daughter’s son, or of any direct

lineal descendant of a daughter or step-daughter.19. Mother of daughter’s husband.20. Mother of son’s wife.21. Mother of wife’s paternal grand-father.22. Mother of wife’s paternal grand-mother.23. Mother of wife’s maternal grand-father.24. Mother of wife’s maternal grand-mother.25. Wife’s paternal grand-mother-26. Wife’s maternal grand-mother-27. Wife’s mother or step-mother.28. Wife’s father’s sister.29. Wife’s mother’s sister.30. Father’s brother’s wife.31. Mother’s brother’s wife.32. Brother’s son’s wife.33. Sister’s son’s wife.

A woman shall not marry her—1. Paternal grand-father’s father.2. Paternal grand-mother’s father.3. Maternal grand-father’s father.4. Maternal grand-mother’s father.5. Paternal grand-father.6. Paternal grand-mother’s husband.7- Maternal grand-father.8. Maternal grand-mother’s husband.9. Father or step-father.

10- Father’s brother or step-brother-11. Mother’s brother or step-brother.

40 Parsi Marriage and Divorce.

12. Brother or step-brother.13. Brother’s son or step-brother’s son, or any direct lineal descendant

of a brother or step brother.14. Sister’s son or step-sister’s son, or any direct lineal descendant of

a sister or step-sister.15. Son or step-son, or any direct lineal descendant of either.16. Daughter’s son or step-daughter’s son, or any direct lineal descen­

dant of a daughter or step-daughter.17. Husband of daughter or of step-daughter, or of any direct lineal

descendant of a daughter or step-daughter.18. Husband of son’s daughter or of step-son’s daughter, or of any direct

lineal descendant of a son or step-son.19. Father of daughter’s husband,20. Father of son’s wife.21. Father of husband’s paternal grand-father.22. Father of husband’s paternal grand-mother.23. Father of husband’s maternal grand-father.24. Father of husband’s maternal grand-mother.25. Husband’s paternal grand-father.26. Husband’s maternal grand-father.27. Husband’s father or step-father.28. Brother of husband’s father29. Brother of husband’s mother.30. Husband’s brother’s son, or his direct lineal descendant.31. Husband’s sister’s son, or his direct lineal descendant.32. Brother’s daughter’s husband.33. Sister’s daughter’s husband.

Note .—I n the above table the words “ brother ” .in i “ sister ’’ denote brother and sisler of the wh ile as well as half-blood. Relationship by step means relationship by m arriages.

SCHEDULE II.

(See section 6.)

Parsi Marriage and Divorce. 41

Certificate o f Marriage.

Date and place of m arriage

Names of th e husband and I'.ife

Condition a t the time of m arriage -

Rank or profession

Age

Residence

Names of the fathers or guardians

Rank or profession

Signature of the officiating priest

jSignatures of the contracting parties I

S ignatures of the fathers or guardians of the contracting parties under 21 years of age.

S ignatures o[ w itn iss s

42

Pream ble.

Scotch Kirk Sessions to be bodies corporate.

Pow er to hold and dispose of property.

E.—CHRISTIAN.

THE CHURCH OF SCOTLAND KIRK SESSION ACT.[ I n d ia A ct X X III, 1899.] (27th September, 1899.)

Whereas there are in the Union of Burma Kirk Sessions of the Church of Scotland which have been duly constituted to be Church Courts for ecclesiastical purposes in pursuance of Acts of the General Assembly of the Church of Scotland;

And whereas it is expedient that such Kirk Sessions, and any others which may hereafter be so constituted, should be incorporated with the powers hereinafter provided ;

It is hereby enacted as follows :—1. * * * •

2. (1) Every Kirk Session which has been, or may hereafter be, duly constituted to be a Church Court for ecclesiastical purposes in pursuance of ail Act of the General Assembly of the Church of Scotland, is hereby declared to be, and the same shall be, a body corporate having perpetual succession and a common seal.

(2) A notification by the President of the Union in the Gazette that a Kirk Session has been duly constituted in pursuance of an Act of the General Assembly of the Church of Scotland shall be conclusive proof that it has been so constituted.

3. (I) Every Kirk Session constituted as aforesaid shall, as a body corporate, have power to acquire and hold any property which has been, or may hereafter be, vested in it for the purposes of the Congregation for which it has been, or may hereafter be, constituted, or of any trust which may have been, or may hereafter be, accepted by it, to transfer the same, to contract and to do all other things necessary for, or incidental to, the purposes of its constitution or of any such trust as aforesaid.

(2) The signature of the Moderator aqd Treasurer or Session-clerk for the time being of a Kirk Session constituted as aforesaid shall, if affixed on behalf and by order of the Kirk Session, be sufficient for all purposes for which the signature of the Kirk Session is required.

Cll .U 3 6 js 0 0 0 ^ 0 0 0 0 0 0 0 s fe p s s ^ s € p ll

THE CHRISTIAN MARRIAGE ACT..43

CONTENTS.

P r elim in a r y .Sections.

1. * * * *

2 . * * * *3. Interpretation clause.

PART I.T h e P e r s o n s by w h o m M a r r ia g es -MAY -BE SOLEMNIZED .

4. Marriages to be solemnized according to Act,5. Persons by whom marriages may Jbe :SOlemnized<6- Grant and revocation of licences to solemnize marriages.7- Marriage Registrars.

Senior Marriage Registrar.Magistrate when ito 5>e Marriage Registrar.

8- Marriage Registrars in Karenm.9. Licensing o f persons to grant certificates qf marriage between native

Christians.PART IL

T im e a n d P l a c e a t w h ic h M a rriag es m ay b e SOLEMNIZED.10. Time for solemnizing marriage.

Exceptions.11. Place for solemnizing marriage.

Fee for special licence.PART III.

M a r r ia g e s s o l e m n iz e d by M in is t e r s o f R e l ig io n l ic e n s e d UNDER t h is A c t .12. Notice of intended marriage.13- Publication of such notice"

Return Qr transfer of police.14. Notice of-'intended marriage ‘in private dwelling.15. Sending copy of notice to Marriage Registrar when one party is a

minor.16. Procedure on receipt o£ notice.

44 Christian Marriage,

Sections.

17. Issue of certificate of notice_gtY£n and declaration made.Proviso.

18. Declaration before issue of certificate.19. Consent of father, or guardian, or mother.20. Power to prohibit by notice issae of certificate.21. Procedure on receipt of-notice.22. Issue of certificate in case of minority.23. Issue of certificates to native Christians.24. Form of certificate.25. Solemnization of marriage.26. Certificate void if marriage not solemnized within two months.

PA R T IV.R e g is t r a t io n o f MARRtAGES s o l e m n iz e d by M in is t e r s o f R e l ig io n .27. Marriages when to bfe registered.28. Registration o f marriages solemnized by clergymen of Church of

England.29. Quarterly Returns to Archdeaconry.

Contents of returns.30. Registration and returns of marriages solemnized by clergymen of

Church of Rome.31. Registration and returns of marriages solemnized by clergymen of

Church of Scotland.32. Certain marriages to be Registered in duplicate.33. Entries of such marriages to be signed and attested.34. Certificate to be forwarded to Marriage Registrar, copied and sent to

Registrar-General.35. Copies of certificates to be.entered and numbered.36. Registrar to add number of entry to certificate, and send to Registrar-

General.ร?. Registration of marriages between native Christians.

Custody and disposal of register-book.

P A R T Y ;M a r r ia g e s s o l e m n iz e d bv , o r i n .t h e p r e s e n c e o f , a M a rria g e

R e g is t r a r .38. Notice of intended marriage, before Marriage Registrar.39. Publication of notice.40. Notice to be filed and copy entered in Marriage Notice Book.41. Certificate of notice given and oath: made.

Proviso.

Christian Marriage. 45

42. Oath before issue of certificate.43. * * * *44. Consent of father or guardian.

Protest against issue of certificate.Effect of protest-

45. Petition where, person .whose consent IS necessary is insane, orunjusdy withholds consent.

Procedure on petition.46. Petition when Marriage Registrar refuses certificate.

Procedure on petition.47. Petition when Marriage Registrar in Karenni refuses certificate.48. Petition when Registrar doubts authority of person forbidding.

Procedure on petition.Reference when Marriage Registrar in Karenni doubts authority of

person forbidding- Procedure on reference.

49. Liability for frivolous protest against issue of certificate.50. Form of certificate.51. Solemnization of marriage after issue of certificate,52- When marriage not had within two months after notice, new notice

required.53. Marriage Registrar may ask for particulars to be registered.54. Registration of marriage solemnized under Part y .55. Certificates to be sent monthly to Registrar-General.

Custody of register-book.56. Officers to whom Registrars in Karenni shall send certificates.57. Registrars to ascertain that notice and certificate are understood by

native Christians.58. Native Christians to be made to understand declarations.59- Registration of marriages between dative-Christians.

Sections.

PART V I . .M a r r ia g e OF N a t iv e C h r i s t ia n s .

60. On what conditions marriages of native Christians mav bv certified.61. G rant of certificate.62. Keeping of register-book and deposit <jf extracts therefrom with

Registrar-General.63. Searches in register-book and copies of-entries.64. Books in which: marriages of-native Christians under Part I OF Part

III are registered.65. Part VI not to apply to Roman Catholics.

46 CHristian Marriage.

PART VII.P e n a l t ie s .

Sections.

66. False oath, declaration, notice or certificate'for procuring marriage. 67- Forbidding, by false personation; issuer o f certificate by Marriage

Registrar.68. Solemnizing marriage without due authority.69. Solemnizing^ m arriage out o f proper time, or without witnesses.

Saving of marriages solemnized under special licence.70. Solemnizing without notice, or within fourteen days after notice,

marriage with minor:71. Issuing certificate, or marrying without publication of notice ะ

marrying after expiry of notice ; solemnizing marriage with minor within fourteen days without

authority of Court, or without sending copy of notice ะ issuing certificate against authorized prohibition.

72. Issuing certificate after expiry o£ notice, or, in case of minor, withinfourteen days a fte r notice, or against authorized prohibition.

73. Persons authorized to solemnize marriages (other than clergy ofChurches of England, Scotland or Rome)__

issuing certificate, or marrying, without publishing notice, or after expiry of certificate ะ

issuing certificate for, or solemnizing, marriage with minor within fourteen days after notice ะ

issuing certificate authorizedly forbidden ; solemnizing marriage authorizedly forbidden.

74. บทนcensed person granting: certificate pretending to be licensed.75. Destroying o r falsifying register-books.76. Limitation of prosecutions under Act.

PART VIII.M is c e l l a n e o u s .

77. What matters need not be proved in respect of marriage in accordancewith Act.

78. Correction of errors.79. Searches and copies of entries.80. Certified copy of- entry in marriage register, etc., to be evidence:81. Certificates of certain, marriages for His. Britannic Majesty’s Secretary

of State.82. President to prescribe fees.83. Power to make rules.

84. * * * *85. Power to declare who shall' be District Judge.86. * * * *

87. Saving of Consular marriages.88. Non-validation of marriages within prohibited degrees.

SCHEDULE I__N o t ic e o f M a r r ia g e .SCHEDULE II. —C e r t if ic a t e o f R e c e ip t o f N o t ic e .SCHEDULE I I I - - F o r m o f R e g is t e r o f M a r r ia g e s .SCHEDULE IV__ M a r r ia g e R e g is t e r -B o o k .

C e r t if ic a t e o f M a r r ia g e .

Christian Marriage. 47Sections.

THE CHRISTIAN M ARRIAGE ACT.[ I n d ia A c t XV, 1872] (18th July, 1872.)

P r e l im in a r y .1 1 . * * * *

2, * * * *

3. In this Act, unless there is something repugnant in the subject or In terpreta- ontext, tion clause.

“ Church of England ” and “ Anglican ” mean and apply to the Church of England as by law established ะ

“ Church of Scotland ” means the Church of Scotland as by law established ะ

“ Church of Rome ” and “ Roman Catholic ” mean and apply to the Church which regards the Pope as its spiritual head ;

“ C hurch” includes any chapel or other building generally used for public Christian worship ะ

“ minor*” means a person who has not completed the age of twenty- one years and who is not a widower or widow ;

the expression “ Christians ” means persons professing the Christian religion ะ and the expression “native Christians” includes the Christian descendants o f natives of India or Pakistan o r the Union of Burma converted to Christianity, as well as such converts;

“ Registrar-General of Births, Deaths and Marriages ” means a Registrar-General of Births, Deaths and Marriages appointed under the Births, Deaths and Marriages Registration: Act.

1 Om itted by the Union of Burm a (Adaptation) of Laws Order, 1948.

48 Christian Marriage-

Marriages to be solemniz­ed according to Act.

Persons by whom m ar­riages may be solem ­nized.

Grant and revocation of licences to so len nize m arriages.

M arriage Regis trai s .

Senior M ar­riag e R egis­trar.

Magistrate w hen to be M arriage R egistrar.

M arriage Registrars in Karenni.

PART I.

T h e P e r s o n s b y w h o m M a r r ia g e s m a y b e s o l e m n iz e d .

4. Every marriage between persons, one or both of whom is or are a Christian or Christians, shall be solemnized in accordance with the provisions of the next following section ะ and any such marriage solemnized otherwise than in accordance with such provisions shall be void.

5. Marriages may be solemnized in the Union of Burma__(1) by any person who has received episcopal ordination, provided

that the marriage be solemnized according to the rules, rites,ceremonies and customs of the Church of which he is a Minister ;

(2) by any Clergyman of the Church of Scotland, provided that suchmarriage be solemnized according to the rules, rites, ceremonies and customs of the Church of Scotland ;

(3) by any Minister of religion licensed under this Act to solemnizemarriages ;

(4) by, or in the presence of, a Marriage Registrar appointed underthis Act ะ

(5 ) by any person licensed under this Act to grant certificates ofmarriage between native Christians.

6. The President of the Union may, by notification, grant licences to Ministers of religion to solemnize marriages in the Union of Burma and may by a like notification, revoke such licences.

7. The President of the Union may appoint one or more Christians, either by name or as holding any office for the time being, to be the Marriage Registrar or Marriage Registrars for any district.

Where there are more Marriage Registrars than one in any district, the President of the Union shall appoint one of them to be the Senior Marriage Registrar-

When there is only one Marriage Registrar in a district, and such Registrar is absent from such district, or ill, or when his office is temporarily vacant, the Magistrate of the district shall act as, and be, Marriage Registrar thereof during such absence, illness or temporary vacancy.

8. The President of the Union may, by notification in the Gazette, appoint any Christian, either by name or as holding any office for the time

1 See section 4 of the Budidhist W om en's Special M arriage and Succession Act, 19"4 (ante) which says that, notw ithstanding any thin? to the contrary contained in any law for the time being ill force or in any custom having the force of law , tilว provisions of that A ct shall apply to a Buddhist woman and her nQn-Baddhist husband.

Christian Marriage. 49being, to be a Marriage Registrar in respect of any district or place within the t territories of any Chief of Karenni.]1

The President of the Union may, by like notification, revoke any such appointment.

9. The President of the Union may grant a licence to any Christian, either by name or as holding any office for the time being, authorizing him to grant certificates of marriage between native Christians.

Any such licence may be revoked by the President of the Union and every such grant or revocation shall be notified in the Gazette.

2 [If any person licensed under this section solemnizes or affects to solemnize any marriage under Part VI or grants any certificate as therein mentioned, knowing that one of the parties to such marriage or affected marriage was at the date of such solemnization not a Christian, he shall be liable to have his licence cancelled, and in addition thereto he shall be deemed to be guilty of an offence under section 73, and shall be punishable accordingly.]

PART II.T im e a n d P l a c e a t w h ic h M a r r ia g e s m a y b e s o l e m n iz e d .

10. Every marriage under this Act shall be solemnized between the hours of six in the morning and seven in the evening ะ

Provided that nothing in this section shall apply to—(1) a clergyman of the Church of England solemnizing a marriage

under a special licence permitting him to do so at any hour other than between six in the morning and seven in the evening, under the hand and seal of the Anglican Bishop of the Diocese or his Commissary, or

(2) a clergyman of the Church of Rome solemnizing a marriagebetween the hours of seven in the evening and six in the morning, when he has received a general or special licence in that behalf from the Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is so solemnized, or from such person as the same Bishop has authorized to grant such licence, or

(3) a clergyman of the Church of Scotland solemnizing a marriageaccording to the rules, rites, ceremonies and customs of the Church of Scotland.

1 The words in square b rackets should now be read as “ Kayah s ta te .” See am endm ents to the Constitution of the Union of Burma regard ing the Karenni s ta te .2 This paragraph was inserted by the Burm a Laws (Adaptation) Act, 1940 (B urm a Act XX V II, 1940), ill order togive effect to the provisions contained in section 6 of th e .M arriage Validation Act, 1892 (India Act II , 1892). Section 3 of that Act declared that all m arriages

which had already been solemnized under P art VI of the Indian Christian M arriage Act, 1872 (India Act XV, 1872), betw een persons of whom one only was a native C hristian, shall be as gO(xl and valid in น พ as if such m arriages had been solemnized betw een persons of whom both were native C hristians.

Licensing of persons to g ran t certi­ficates of m arriage between native C hristians.

Ti me forsolemnizingm arriage.Exceptions.

4

50 Christian Marriage.Place forsolemnizingm arriage.

Fee for special licence.

Notice ofintendedm arriage.

Publication of such notice.

Return or transfer of notice.

Notice of intended m arriage in private dwelling.

11. No clergyman of the Church of England shall solemnize a marriage in any place other than a church where worship is generally held according to the forms of the Church of England, unless there is no such church within five miles distance by the shortest road from such place, or unless he has received a special licence authorizing him to do so under the hand and seal of the Anglican Bishop of the Diocese or his Commissary.

For such special licence, the Registrar of the Diocese may charge such additional fee as the said Bishop from time to time authorizes.

PART III.

M a r r ia g e s s o l e m n iz e d b y M in is t e r s o f R e l ig io n l ic e n s e d u n d e r t h is A c t .

12. Whenever a marriage is intended to be solemnized by a Minister of religion licensed to solemnize marriages under this Act, one of the persons intending marriage shall give notice in writing, according to the form contain­ed in the First Schedule hereto annexed, or to the like effect, to the Minister of religion whom he or she desires to solemnize the marriage, and shall state therein—

(а) the name and surname, and the profession or condition, of each ofthe persons intending marriage,

(б) the dwelling-place of each of them,(c) the time during which each has dwelt there, and(d) the church or private dwelling in which the marriage is to be

solemnized ะProvided that, if either of such persons has dwelt in the place mentioned

in the notice during more than one month, it may be stated therein that he or she has dwelt there one month and upwards.

13. If the persons intending marriage desire it to be solemnized in a particular church, and if the Minister of religion to whom such notice has been delivered be entitled to officiate therein, he shall cause the notice to be affixed in some conspicuous part of such church.

But if he is not entitled to officiate as a Minister in such church, he shall, a t his option, either return the notice to the person who delivered it to him, or deliver it to some other Minister entitled to officiate therein, who shall thereupon cause the notice to be affixed as aforesaid.

14. If it be intended that the marriage shall be solemnized in a private dwelling, the Minister of religion, on receiving the notice prescribed in section12, shall forward it to the Marriage Registrar of the district, who shall affix the same to some conspicuous place in his own office.

Christian Marriage. 51

15- When one o f the persons intending marriage is a minor, every M inister receiving such notice shall, unless w ith in twenty-four hours after its receipt he returns the same under the provisions o f section 13, send, by post or otherwise, a copy of such notice to the Marriage Registrar of the district, or, i f there be more than one Registrar o f such district, to the Senior Marriage Registrar.

16. The Marriage Registrar or Senior Marriage Registrar, as the case may be, on receiving any such notice, shall affix it to some conspicuous place in his own office, and the latter shall further cause a copy of the said notice to be sent to each of the other Marriage Registrars in the same district, who shall likewise publish the same in the manner above directed.

17. Any M inister of religion consenting or intending to solemnize any such marriage as aforesaid, shall, on being required so to do by or on behalf o f the person by whom the notice was given, and upon one of the persons intending marriage making the declaration hereinafter required, issue under his hand a certificate of such notice having been given and of such declaration having been made ะ

Provided—( 1 ) that no such certificate shall be issued until the expiration of four

days after the date o f the receipt of the notice by such Minister ;

(2) that no law fu l impediment be shown to his satisfaction wily suchcertificate should not issue; and

(3) that the issue o f such certificate has not been forbidden, in mannerhereinafter mentioned, by any person authorized in that behalf.

18. The certificate mentioned in section 17 shall not be issued until one of the persons intending marriage has appeared personally before the M inister and made a solemn declaration—

(a) that he or she believes that there is not any impediment of kindredor affinity or other law fu l hindrance to the said marriage, and, when either or both o f the parties is or are a minor or minors,

(b) that the consent or consents required by law has or have beenobtained thereto, or that there is no person resident in the Union of Burma having authority to give such consent, as the case may be.

19. The father, i f liv ing, o f any minor, or, i f the father be dead, the guardian of the person o f such m inor, and, in case there be no such guardian, then the mother o f such m inor, may give consent to the m inor’s marriage, and such consent is hereby required fo r the same marriage, unless no person authorized to give such consent be resident in the Union of Burma.

Sending copy o f notice to M arriage Re­g is tra r w hen one p a rty is a m inor.

Procedure on receipt of notice.

Issue o f cer­tificate of no tice given and declara­tion made.

Proviso.

Declaration before issue o f certificate

Consent o f fa ther, or guardian, or m other.

52 Christian Marriage.

Power to p ro h ib it by no tice issue o f certificate.

Procedure on rece ip t o f notice.

Issue of certificate in

ท-ไnonty.

Issue of certificates to na tive C hristians.

Form of certifica te .

Solemniza­tion o f m arriage.

Certificate void i f marriage not solemnized w ith in tw o months.

M arriages w hen to be reg is te red .

20. Every person whose consent to a marriage is required under section 19 is hereby authorized to prohib it the issue of the certificate by any M inister, at any time before the issue o f the same, by notice in w riting to such M inister, subscribed by the person so authorized w ith his or her name and place of abode and position w ith respect to either of the persons intending marriage, by reason o f which he or she is so authorized as aforesaid.

21. I f any such notice be received by such M inister, he shall not issue his certificate and shall not solemnize the said marriage until he has examined into the matter o f the said prohibition, and is satisfied that the person prohi­b iting the marriage has no lawful authority fo r such prohib ition, or un til the said notice is withdrawn by the person who gave it.

22. When either of the persons intending marriage is a m inor, and the Minister is not satisfied that the consent of the person whose consent to such marriage is required by section 19 has been obtained, such M inister shall not issue such certificate until the expiration of fourteen days after the receipt by him of the notice of marriage-

23. When any native Christian about to be married takes a notice of marriage to a M inister of religion, or applies fo r a certificate from such Minister under section 17, such M inister shall, before issuing the certificate, ascertain whether such native Christian is cognizant of the purport and effect o f the said notice or certificate, as the case may be, and, i f not, shall translate or cause to be translated the notice or certificate to such native Christian into some language which he understands-

24. The certificate to be issued by such M inister shall be in the form contained in the Second Schedule hereto annexed, or to the like effect.

25. A fter the issue of the certificate by the M inister, marriage may be solemnized between the persons therein described according to such form or ceremony as the Minister thinks fit to adop t:

Provided that the marriage be solemnized in the presence o f at least two witnesses besides the Minister.

26. Whenever a marriage is not solemnized w ithin two months after the date of the certificate issued by such M inister as aforesaid, such certificate and a ll proceedings ( if any} thereon shall be void, and no person shall proceed to solemnize the said marriage until new notice has been given and a certificate thereof issued in manner aforesaid.

PART IV .

R e g is t r a t io n o f M a r r ia g e s s o l e m n iz e d b y M in is t e r s o f R e l i g i o n .

27. A l l marriages hereafter solemnized in the Union o f Burma between persons one or both of whom professes or profess the Christian religion,

Christian Marriage» 53

except marriages solemnized under Part V or Part V I of this Act, shall be registered 1 in manner hereinafter prescribed.

28. Every clergyman o f the Church of England shall keep a register of marriages and shall register therein, according to the tabular form set fo rth in the Th ird Schedule hereto annexed, every marriage which he solemnizes under this Act-

29. Every clergyman o f the Church o f England shall send four times in every year returns in duplicate, authenticated by his signature, of the entries in the register of marriages solemnized at any place where he has any spiritual charge, to the Registrar of the Archdeaconry to which he is subject, or w ithin the lim its of which such place is situate.

Such quarterly returns shall contain a ll the entries of marriages contained in the said register from the first day of January to the th irty-first day of March, from the first day of A p ril to the th irtie th day of June, from the first day of July to the th irtie th day of September, and from the first day of October to the th irty-first day of December, of each year respectively, and shall be sent by such clergyman w ithin two weeks from the expiration o f each o f the quarters above specified.

The said Registrar upon receiving the said returns shall send one copy thereof to the Registrar-General of Births, Deaths and Marriages.

30. Every marriage solemnized by a clergyman of the Church o f Rome shall be registered by the person and according to the form directed in that behalf by the Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is solemnized, and such person shall forward quarterly to the Registrar-General o f Births, Deaths and Marriages returns of the entries of a ll marriages registered by him during the three months next preceding.

31. Every clergyman of the Church o f Scotland shall keep a register of marriages, and shall register therein, according to the tabular form set fo rth in the Third Schedule hereto annexed, every marriage which he solemnizes under this Act, and shall forward quarterly to the Registrar-General o f Births, Deaths and Marriages, through the Senior Chaplain of the Church of Scotland, returns, sim ilar to those prescribed in section 29, of all such marriages.

32. Every marriage solemnized by any person who has received episcopal ordination, but who is not a clergyman o f the Church of England, or of the Church of Rome, or by any Minister of religion licensed under this Act to solemnize marriages, shall, immediately after the solemnization thereof, be registered in duplicate by the person solemnizing the same ; (that is to say)

Registration o f m arriages solemnized by c le rg y ­men o f Church of E ng lan d .

Q ua rte rly re turns to Archdea­conry.

Contents o f re tu rn s .

R egistration and re turns o f marriages solemnized by c le rg y ­men of Church o f Rome.

R egistration and returns o f m a rriage t solemnized by clergy men of Church of Scotland.

C erta in marriages to be registered in du p lica te .

1 As to the establishm ent of general re g is try offices of b irths, deaitis and marriages, see the B irths, Deaths and M arriages Registration Act, Volume IV o f th is Code.

Christian Marriage. 55

PAR T V.

M a r r ia g e s s o l e m n iz e d b y , o r i n t h e p r e s e n c e o f , a M a r r ia g e R e g is t r a r .

38. When a marriage is intended to be solemnized by, or in the presence of, a Marriage Registrar, one of the parties to such marriage shall give notice in w riting, in the form contained in the F irst Schedule hereto annexed, or to the like effect, to any Marriage Registrar o f the district w ithin which the parties have dwelt, or, i f the parties dwell in different districts, shall give the like notice to a Marriage Registrar of each district, and shall state therein the name and surname, and the profession or condition, o f each o f the parties intending marriage, the dwelling-place of each of them, the time during which each has dwelt therein, and the place at which the marriage is to be solemnized ะ

Provided that, i f either party has dwelt in the place stated ill the notice fo r more than one month, it may be stated therein that he or she has dwelt there one month and upwards-

39. Every Marriage Registrar shall, on receiving any such notice, cause a copy thereof to be affixed in some conspicuous place in his office.

When one of the parties intending marriage is a minor, every Marriage Registrar shall, w ithin twenty-four hours after the receipt by him of the notice of such marriage, send, by post or otherwise, a copy o f such notice to each of the other Marriage Registrars ( if any) in the same district, who shall likewise atfix the copy เท some conspicuous place in his own office.

40. The Marriage Registrar shall file a ll such notices and keep them w ith the records of his office, and shall also fo rthw ith enter a true copy of a ll such notices in a book to be furnished to him fo r that purpose by the President of the Union and to be called the “ Marriage Notice Book” : and the Marriage Notice Book shall be open at all reasonable times, w ithout fee, to a ll persons desirous of inspecting the same.

41. I f the party by whom the notice was given requests the Marriage Registrar to issue the certificate next hereinafter mentioned, and if one o f the parties intending marriage has made oath as hereinafter required, the Marriage Registrar shall issue under his hand a certificate o f such notice having been given and of such oath having been made ะ

Provided—that no lawful impediment be shown to his satisfaction why such

certificate should not issue ะ that the issue of such certificate has not been forbidden, in manner

hereinafter mentioned, by any person authorized in that behalf by this Act ;

that four days after the receipt of the notice have expired ; and further, that where, by such oath, i t appears that one o f the parties intending

marriage is a minor, fourteen days after the entry of such notice have expired..

N otice o f in ­tended m ar­riage before M a rriag e Re­g is tra r,

Publication o f no tice .

N otice to be Hied and copy entered in M arriage N otice Book.

C ertifica te o f notice g iven and oath made.

Proviso.

56 Christian Metrriage.

Oath before issue o f certificate.

Consent of fa ther or guardian. Protest against issue o f certificate.

Effect of protest.

P etition where person whose con­sent is neces­sary is in ­sane, or un­ju s tly w ith ­holds con­sent.

Procedure on p e titio n .

42. The certificate mentioned in section 41 shall not be issued by any Marriage Registrar un til one of the parties intending marriage appears personally before such Marriage Registrar, and makes oath—

(a) that he or she believes that there is not ftny impediment of kindredor affinity, or other law ful hindrance, to the said marriage, and

(b) that both the parties have, or (where they have dwelt in thedistricts of different Marriage Registrars) that the party making such oath has, had their, his or her usual place o f abode w ithin the district of such Marriage Registrar, and, where either or each of the parties is a minor,

(c) that the consent or consents to such marriage required by law hasor have been obtained thereto, or that there is no person resident in the Union o f Burma authorized to give such consent, as the case may be.

43 ะ } ? * # *

44. The provisions of section 19 apply to every marriage under this Part, either of the parties to which is a m inor ;

and any person whose consent to such marriage would be required thereunder may enter a protest against the issue of the Marriage Registrar’s certificate, by writing, at any time before the issue of such certificate, the word “ forbidden” opposite to the entry of the notice of such intended marriage in the Marriage Notice Book, and by subscribing thereto his or her name and place of abode, and his or her position with respect to either o f the parties, by reason o f which he or she is so authorized.

When such protest has been entered, no certificate shall issue until the Marriage Registrar has examined into the matter o f the protest, and is satisfied that i t ought not to obstruct the issue of the certificate fo r the said marriage, or until the protest be withdrawn by the person who entered it.

45. I f any person whose consent is necessary to any marriage under this Part is of unsound mind, or if any such person (other than the father) without just cause withholds his consent to the marriage, the parties intending marriage may apply by petition to the D istrict Judge.

And the D istrict Judge may examine the allegations of the petition in a summary way ; and, i f upon examination such marriage appears proper, such D is tric t Judge shall declare the marriage to be a proper marriage.

Such declaration shall be effectual as i f the person whose consent was needed had consented to the marriage ะ and, i f he has forbidden the issue of the Marriage Registrar’s certificate, such certificate shall be issued and the like proceedings may be had under this Part in relation to the marriage as i f the issue o f such certificate had not been forbidden.

Christian Marriage. 5746. Whenever a Marriage Registrar refuses to issue a certificate under

this Part, either o f the parties intending marriage may apply by petition to the D istric t Judge.

The said D istrict Judge, may examine the allegations of the petition in a summary way, and shall decide thereon.

The decision of such D istrict Judge shall be final, and the Marriage Registrar to whom the application fo r the issue of a certificate was originally made shall proceed in accordance therewith.

47. Whenever a Marriage Registrar resident in Karenni1 refuses to issue his certificate, either of the parties intending marriage may apply by petition to the President of the Union who shall decide thereon.

Such decision shall be final, and the Marriage Registrar to whom the application was originally made shall proceed in accordance therewith.

48. Whenever a Marriage Registrar, acting under the provisions of section 44, is not satisfied that the person forbidding the issue of the certificate is authorized by law so to do, the said Marriage Registrar shall apply by petition to the D istrict Judge.

The said petition shall state a ll the circumstances of the case, and pray fo r the order and direction of the Court concerning the same, and the said D istrict Judge shall examine into the allegations of the petition and the circumstances o f the case ; and if, upon such examination, i t appears that the person forbidding the issue of such certificate is not authorized by law so to do, such D istrict Judge shall declare that the person forbidding the issue o f such certificate is not authorized as aforesaid, and thereupon such certificate shall be issued, and the like proceedings may be had in relation to such marriage as i f the issue had not been forbidden.

Whenever a Marriage Registrar appointed under section 8 to act w ithin K a renn i1 is not satisfied that the person forbidding the issue o f the certificate is authorized by law so to do, the said Marriage Registrar shall send a statement o f a ll the circumstances of the case, together w ith a ll documents relating thereto, to the President o f the Union.

I f it appears to the President o f the Union that the person forbidding the issue o f such certificate is not authorized by law so to do, the President of the Union shall declare that the person forbidding the issue o f such certificate is not authorized as aforesaid, and thereupon such certificate shall be issued, and the like proceedings may be had in relation to such marriage as i f the issue o f the certificate had not been forbidden.

49. Every person entering a protest w ith the Marriage Registrar under this Part, against the issue o f any certificate, on grounds which such Marriage Registrar, under section 44, or the D istrict Judge, under section 45 or 46,

P etitionwhenM arriageR egistrarr A ^ i i O d k O

certificate. Procedure on pe tition.

P etiti วทwhenM arriageRegistrar inKarennirefusescei tificate.

P etitionwhenR egistrardoubtsau tho rityo f personfo rb idd in g .Procedure onpetition.

ReferencewhenM arriageRegistrarin K arenn idoubtsau thorityo f personfo rb idd ing .

Procedure on reference.

L ia b ility /o rfrivo lousprotestagainstiisu e o fcertifica te .

1 N ow the Kayah sta te .

58 Christian Marriage.

Form of certificate.

Solemniza­tio n o f m ar riage a fte r issue o f certificate.

W hen m a r­riag e not h e ld w ith in tw o m onths a fte r no tice, new no tice requ ired .

M a rriag e R eg istra r may ask fo r p a rticu la rs to beregistered.

R eg is tra tion o f m a rriag e solemnized under P art V .

declares to be frivolous and such as ought not to obstruct the issue o f the certificate, shall be liable fo r the costs of a ll proceedings in relation thereto and for damages, to be recovered by suit by the person against whose marriage such protest was entered.

50. The certificate to be issued by the Marriage Registrar under the provisions of section 41 shall be in the form contained in the Second Schedule to this Act annexed or to the like effect, and the President o f the Union shall furnish to every Marriage Registrar a sufficient number o f forms o f certificate.

51. A fter the issue of the certificate of the Marriage Registrar, or, where notice is required to be given under this Act to the Marriage Registrars for different districts, after the issue of the certificates o f the Marriage Registrars for such districts, marriage may, i f there be no lawful impediment to the mar­riage of the parties described in such certificate or certificates, be solemnized between them, according to such form and ceremony as they th ink fit to adopt.

But every such marriage shall be solemnized in the presence o f some Marriage Registrar ( to whom shall be delivered such certificate or certificates as aforesaid), and o f two or more credible witnesses besides the Marriage Registrar.

And in some part of the ceremony each of the parties shall declare as follows, or to the like effect ■.—

“ I do solemnly declare that I know not of any lawful impediment whyI, A.B.. may not be joined in matrimony to C.D. ”

And each o f the parties shall say to the other as follows or to the like effect I call upon these persons here present to witness that I , A-B., do take thee, C .D ; to be my law ful wedded wife [o r husband].”

52. Whenever a marriage is not solemnized w ithin two months after the copy of the notice has been entered by the Marriage Registrar, as required by section 40, the notice and the certificate, i f any, issued thereupon, and a ll other proceedings thereupon, shall be void ; and no person shall proceed to solemnize the marriage, nor shall any Marriage Registrar enter the same, until new notice has been given, and entry made, and certificate thereof given, at the time and in the manner aforesaid.

53. A Marriage Registrar before whom any marriage is solemnized under this Part may ask o f the persons to be married the several particulars required to be registered touching such marriage.

54. A fter the solemnization o f any marriage under this Part, the Marriage Registrar present at such solemnization shall forthw ith register the marriage in duplicate ; that is to say, in a marriage register-book, according to the

Christian Marriage. 59form o f the Fourth Schedule hereto annexed, and also in a certificate attached to the marriage register-book as a counterfoil.

The entry of such marriage in both the certificate and the marriage register-book shall be signed by the person, by or before whom the marriage has been solemnized, i f there be any such person, and by the Marriage Registrar present at such marriage, whether or not i t is solemnized by him, and also by the parties married, and attested by two credible witnesses other than -the Marriage Registrar and person solemnizing the marriage.

Every such entry shall be made in order from the beginning to the end of the book, and the number of the certificate shall correspond w ith that of the entry in the marriage register-book.

55. The Marriage Registrar shall forthw ith separate the certificate from the marriage register-book and send it, at the end of every month, to the Registrar-General of Births, Deaths and Marriages.

The Marriage Registrar shall keep safely the said register-book until it is filled, and shall then send it to the Registrar-General of Births, Deaths and Marriages, to be kept by him with the records of his office.

56 The Marriage Registrars in Karenni1 shall send the certificates mentioned in section 54 to such officers as the President of the Union from time to time, by notification in the Gazette, appoints in this behalf.2

57. When any native Christian about to be married gives a notice of marriage, or applies for a certificate from a Marriage Registrar, such Marriage Registrar shall ascertain whether the said native Christian understands the English language, and, i f he does not, the Marriage Registrar shall translate, or cause to be translated, such notice or certificate, or both o f them, as the case may be, to such native Christian into a language which he understands ; or the Marriage Registrar shall otherwise ascertain whether the native Christian is cognizant o f the purport and effect of the said notice and certificate.

58. When any native Christian is married under the provisions o f this Part, the person solemnizing the marriage shall ascertain whether such native Christian understands the English language, and, i f he does not, the person solemnizing the marriage shall, at the time of the solemnization, translate, or cause to be translated, to such native Christian, into a language which he understands, the declarations made at such marriage in accordance w ith the provisions of this Act.

1 N o w Uie Kayah sta te .2 C f. section 24 (2) o f the B irths , Deaths and M arriages R eg is tra tion A c t, Voh-me IV

o f th is Code.

Certifi;ates to be sent m on th ly to Registrar- General.

Custody ofreg is ter-book.

Officers to whomRegistrars i l l K arenni sha ll send cerUficates.

Registrars to ascertain tha t notice and c e rti­ficate are understood by na tive C hris tians.

N ative C hris­tians to be made to understand declarations.

60 Christian Marriage.

Registration o f marriages between native Cnristians.

On w hat cond itions m arriages of na tive C h ris ­tians m ay be certified.

G ra n t of certificate.

K eep ing of register-book and deposit o f extracts the re from w ith R egis­tra r-G enera l .

59. The registration o f marriages between native Christians under this Part shall be made in conform ity w ith the rules laid down in section 37 (so far as they are applicable), and not otherwise.

PAR T V I.

M a r r ia g e o f N a t iv e C h r i s t ia n s .

60. Every marriage between native Christians applying fo r a certificate shall, without the prelim inary notice required under Part I I I , be certified under this Part, i f the follow ing conditions be fu lfilled , and not otherwise ะ—

(1) the age of the man intending to be married shall exceed sixteenyears, and the age of the woman intending to be married shall exceed thirteen years ;

(2 ) neither o f the persons intending to be married shall have a wifeor husband still liv ing ;

(3) in the presence of a person licensed under section 9, and o f atleast two credible witnesses other than such person, each of the parties shall say to the other—

“ I call upon these persons here present to witness that I, A.B., in the presence of A lm ighty God, and in the name of our Lord Jesus Christ, do take thee, C.D., to be my law ful wedded wife [or husband] ” or words to the like effect :

Provided that no marriage shall be certified under this Part when either of the parties intending to be married has not completed his or her eighteenth year, unless such consent as is mentioned in section 19 has been given to the intended marriage, or unless it appears that there is no person living authorized to give such consent.

61. When, in respect to any marriage solemnized under this Part, the conditions prescribed in section 60 have been fu lfilled, the person licensed as aforesaid, in whose presence the said declaration has been made, shall, on the application of either of the parties to such marriage, and on the payment of a fee of four annas, grant a certificate of the marriage.

The certificate shall be signed by such licensed person, and shall be received in any suit touching the validity o f such marriage as conclusive proof of its having been performed.

62. Every person licensed under section 9 shall keep in English, or in the vernacular language in ordinary use in the district or State in which the marriage was solemnized, and in such form as the President of the Union may from time to time prescribe, a register book o f a ll marriages solemnized under this Part in his presence, and shall deposit in the office o f the Registrar-General o f Births, Deaths and Marriages, in such form and at such intervals as the President o f the Union may prescribe, true and duly authenticated extracts

Christian Marriage. 61from his register-book of a ll entries made therein since the last of those intervals.

63. Every person licensed under this Act to grant certificates o f marriage Searches in and keeping a marriage register-book under section 6 2 , shall, at a ll reasonable t,TOk and times, allow search to be made in such book, and shall, on payment o f the copies of proper fee, give a copy, certified under his hand, o f an entry therein. entries.

64. The provisions of sections 62 and 6 3 , as to the form o f the register- Books in book, depositing extracts therefrom, allowing searches thereof, and giving wluch

, , • โ . . , 1, โ . J • " , . โ . 1 โ , I โ / I marriagescopies of the entries therein, shall, mutatis mutandis, apply to the books kept o f native

under section 37. chv sti“ 13,under P art I o r P a rt I I I are re g i­stered 7

6 5 . This Part of this Act, except so much of sections 62 and 63 as are P a rtV I

referred to in section 64, shall not apply to marriages between Roman to Roman*y Catholics. C atholics.

PAR T V I I .

P e n a l t ie s .

66. Whoever, for the purpose o f procuring a marriage or licence o f declaration marriage, intentionally,__ notice o r°n ’

(a) where an oath or declaration is required by this Act, or by any forprocur-rule or custom of a Church according to the rites and cercmonies ing mar- of which a marriage is intended to be solemnized, such Church riage' being the Church o f England or o f Scotland or of Rome, makes a false oath or declaration, or,

(b) where a notice or certificate is required by this Act, signs a falsenotice or certificate,

shall be deemed to have committed the offence punishable under section 193 o f the Penal Code with imprisonment o f either description fo r a term which may extend to three years and, at the discretion o f the Court, w ith fine-

67. Whoever forbids the issue, by a Marriage Registrar, of a certificate, Forb idd ing ,

by falsely representing himself to be a person whose consent to the marriage personation is required by law, knowing or believing such representation to be false, or issue o f" * ’ not having reason to believe it to be true, shall be deemed gu ilty of the Mamage6by offence described in section 205 o f the Penal Code. R egistrar.

68. Whoever, not being authorized by section 5 o f this Act to solemnize Solem nizing marriages, solemnizes, or professes to solemnize, in the absence of a โ' . Marriage Registrar of the district in which the ceremony takes place, a I^thontydUe marriage between persons one or both o f whom is or are a Christian or Christians, shall be punished with imprisonment which may extend to tenyears, or (in lieu of a sentence o f imprisonment fo r seven years or upwards)

62 Christian Marriage•

Solemnizing m arriage out of proper time* or w ith o u t witnesses.

Saving o f marriages solemnized under fpcc ia i licence.

Solemnizingw ithou t notice or w ith in fou r­teen days a fte r notice, m arriage w ith m in o r.

Issuing ce rti­ficate, or m a rry ing w ithou t pub­lica tio n o f n o tic e ;

m a rry ing a fte r exp iry of notice ;

solem nizing m arria ge w ith m ino r w ith in fo u r­teen days w ith o u t au thority o f C ourt, or w ithou t sending copy o f notice ;

with transportation fo r a term of not less lhan seven years, and not exceeding ten years, or, i f the offender is an European or American, w ith penal servitude, and shall also be liab le to fine.

69. Whoever knowingly and w ilfu lly solemnizes a marriage between persons one or both of whom is or are a Christian or Christians, at any time other than between the hours of six in the morning and seven in the evening, or in the absence of at least two credible witnesses other than the person solemnizing the marriage, shall be punished w ith imprisonment fo r a term which may extend to three years, and shall also be liable to fine.

This section docs not apply to marriages solemnized under special liccnces granted by the Anglican Bishop of the Diocese or by his Commissary, nor to marriages performed between the hours of seven in the evening and six in the morning by a clergyman of the Church of Rome when he has received the general or special licence in that behalf mentioned in section 10 .

Nor does this section apply to marriages solemnized by a clergyman of the Church of Scotland according to the rules, rites, ceremonies and customs o f the Church o f Scotland.

70. Any M inister of religion licensed to solemnize marriages under this Act, who, w ithout a notice in w riting, or, when one of the parties to the marriage is a minor, and the required consent of the parents or guardians to such marriage has not been obtained, w ithin fourteen days after the receipt by him o f notice of such marriage, knowingly and w ilfu lly solemnizes a marriage under Part I I I shall be punished w ith imprisonment fo r a term which may extend to three years, and shall also be liable to fine.

71. A Marriage Registrar under this Act, who commits any of the follow ing offences :—

( 1 ) knowingly and w ilfu lly issues any certificate fo r marriage ofsolemnizes any marriage, w ithout publishing the notice o f such marriage as directed by this Act ะ

(2) after the expiration of two months after the copy of the notice hasbeen entered as required by section 40 in respect of any marriage, solemnizes such marriage ;

(3) solemnizes, w ithout any order of a competent Court authorizinghim to do so, any marriage, when one of the parties is a minor, before the expiration of fourteen days after the receipt of the notice o f such marriage, or w ithout sending, by post or otherwise, a copy of- such notice to the Senior Marriage Registrar of the d istrict i f there be more Marriage Registrars of the district than one, and i f he himself be not the Senior Marriage Registrar ;

Christian Marriage, 63(4) issues any certificate the issue of which has been prohibited, as in issuing certi-

this A ct provided, by any person authorized to prohib it the authorized"551 issue thereof ; prohibition.

shall be punished w ith imprisonment fo r a term which may extend to five years, and shall also be liable to fine.

72. Any Marriage Registrar knowingly and w ilfu lly issuing any certificate Issuing c ; r t i-

fo r marriage after the expiration of two months after the notice has been JivnirJ'm51 entered by him as aforesaid, or knowingly and w ilfu lly issuing, w ithout the notice, or, i l l order o f a competent Court authorizing him so to do, any certificate fo r ca;scof

โ- : . «• , _ • • ไ . - - • - . ไ. m inor,marriage, where one of the parties intending marriage is a minor, before the within expiration o f fourteen days after the entry of such notice, or any certificate the issue o f which has been forbidden as aforesaid by any person authorized or against6’ in this behalf, shall be deemed to have committed an offence under section 166of the Penal Code. proh ib ition.

73. Whoever, being authorized under this Act to solemnize a marriage, Persons

and not being a clergyman o f the Church o f England, solemnizing a to Solemnizemarriage after due publication of banns, or under a licence from the Anglican m arriages '70

Bishop of the Diocese or a Surrogate duly authorized in that behalf, c°er»yofanor, not being a clergyman o f the Church of Scotland, solemnizing a Churches of

marriage according to the rules, rites, ceremonies and customs of that church, fcotiandor, not being a clergyman o f the Church of Rome, solemnizing a or Rome) —

marriage according to the rites, rules, ceremonies and customs of that church,knowingly and w ilfu lly issues any certificate for marriage under this Act, issuing certi-

or solemnizes any marriage between such persons as aforesaid, w ithout m arrym gpublishing, or causing to be affixed, the noticc of such marriage as directed in w ithou t

Part I I I o f this Act, or after the expiration of two mouths after the certificate nouHl*” 118has been issued by him ; o r a fter

exp iry o f ce r tif ic a te ;

or knowingly and w ilfu lly issues any certificate fo r marriage, or issuing ceiti- solemnizes a marriage between such persons when one of the persons solem nizingintending marriage is a minor, before the expiration of fourteen days arter the m a rria g e "receipt of notice o f such marriage, or w ithout sending, by post or otherwise, wilhj', nor’a copy of such notice to the Marriage Registrar, or, i f there be more Marriage fourteen daysRegistrars than one, to the Senior Marriage Registrar of the d is tr ic t; after 110tice;

or knowingly and w ilfu lly issues any certificate the issue of which has issuing

been forbidden, under this Act, by any person authorized to forbid the issue ะ autlioSedlyforbidden ;

or knowingly and w ilfu lly solemnizes any marriage forbidden by any Carriage118person authorized to forbid the same ะ authorizedly

f o r b id d e n .shall be punished w ith imprisonment for a term which may extend to

four years, and shall also be liable to fine.

64 Christian Marriage-

Unlicensed person g ran t­in g c e rti­ficatepretending to be licensed.

D estroying o r fa ls ify in g reg is te r- books.

L im ita tion of prosecutions under Act.

W ha t m at­ters neednot be proved in respect o f m arriage in accordance w ith A ct.

Correction o f errors.

74. Whoever, not being licensed to grant a certificate o f marriage under Part V I o f this Act, grants such certificate intending thereby to make i t appear that he is so licensed, shall be punished w ith imprisonment fo r a term whicl may extend to five years, and shall also be liable to fine-

Whoever, being licensed to grant certificates o f marriage under Part V I o f this Act, w ithout just cause refuses, or w ilfu lly neglects or omits, to perform any of the duties imposed upon him by that Part shall be punished w ith fine which may extend to one hundred rupees.

75. Whoever, by himself or another, w ilfu lly destroys or injures any register-book or the counterfoil certificates thereof, or any part thereof, or any authenticated extract therefrom, or falsely makes or counterfeits any part of such register-book or counterfoil certificates, or w ilfu lly inserts any false entry in any such register-book or counterfoil certificate or authenticated extract, shall be punished w ith imprisonment fo r a term which may extend to seven years, and shall also be liable to fine.

76. The prosecution fo r every offence punishable under this Act shall be commenced w ithin two years after the offence is committed.

PAR T V I I I .

M is c e l l a n e o u s .

77. Whenever any marriage hits been solemnized in accordance w ith the provisions of sections 4 and 5, i t shall not be void merely on account of any irregularity in respect of any o f the fo llow ing matters, namely :__

(1) any statement made in regard to the dwelling of the personsmarried, or to the consent o f any person whose consent to such marriage is required by law ;

(2) the notice of the marriage ;(3) the certificate or translation th e reo f;(4) the time and place at which the marriage has been solemnized ;(5) the registration o f the marriage.

78. Every person charged w ith the duty o f registering any marriage, who discovers any error in the form or substance o f any such entry, mayr w ithin one month next after the discovery o f such error, in the presence of the persons married, or, in case o f their death or absence, in the presence o f two other credible witnesses, correct the error, by entry in the margin, w ithout any alteration of the original entry, and shall sign the m arg in^ entry, and add thereto the date o f such correction, and such person shall make the like marginal entry in the certificate thereof.

And every entry made under this section shall be attested by the witnesses in whose presence i t was made.

And in case such certificate had been already sent to the Registrar- General o f Births, Deaths and Marriages, such person shall make and send in

Christian Marriage. 65like manner a separate certificate o f the original erroneous entry, and o f the marginal correction therein made.

79. Every person solemnizing a marriage under this Act, and hereby required to register the same, and every Marriage Registrar or Registrar- General o f Births, Deaths and Marriages having the custody fo r the time being o f any register of marriages, or o f any certificate, or duplicate or copies of certificate, under this Act, shall, on payment of the proper fees, at all reasonable times, allow searches to be made in such register, or fo r such certificate, or duplicate, or copies, and give a copy under his hand of any entry in the same.

80. Every certified copy, purporting to be signed by the person entrusted under this A ct w ith the custody of any marriage register or certificate, or duplicate, required to be kept or delivered under this Act, of an entry of a marriage in such register, or of any such certificate or duplicate, shall be received as evidence of the marriage purporting to be so entered, or of the facts purporting to be so certified therein, w ithout further proof of such register or certificate or duplicate, or o f any entry therein, respectively, or of such copy.

81. The Registrar-General of Births, Deaths and Marriages and tile officers appointed under section 56 shall, at the end of every quarter in each year, selcct, from the certificates of marriages forwarded to them, respectively, during such quarter, the certificates o f the marriages o f which the President of the Union may desire that evidence shall be transmitted to England, and shall send the same certificates, signed by them respectively, to His Britannic Majesty’s Secretary of State.

82- Fees shall be chargeable under this Act fo r__receiving and publishing notices of marriages ;issuing certificates for marriage by Marriage Registrars, and register­

ing marriages by the sarne ; entering protests against, or prohibitions of, the issue o f certificates

fo r marriage by the said Registrars ; searching register-books or certificates, or duplicates or copies thereof ; giving copies of entries in the same under sections 63 and 79.

The President of the Union shall fix the amount of such fees respective­ly, and may from time to time vary or remit them either generally or in special cases, as to him may seem fit-

83. The President o f the Union may make rules in regard to the disposal of the fees mentioned in section 82, the supply o f register-books, and the preparation and submission of returns o f marriages solemnized under this Act.

84. # # * *

Searches and copies of en tries .

Certified copy of entry in marriage re ^ i ster, etc. to be evidence.

Certificates o f certain marriages lo r H is B r ita n n ic M ajesty’ s Ssc ctary of Stale.

President toprescribefees.

fo w e r to make rules.

5

66 Christian Marriage.

Power to declare who sha ll be D is t let Judge.

Saving ol Consular m arri.i^cs

Non-valida­tion of in .in Kiges w ith in pro-

85. The President of the Union may, by notification in the Gazette, declare who shall, in any place to which this Act applies, be deemed to be the D istrict Judge.

86. * * * *

87. Nothing in this Act applies to any marriage performed by any Minister, Consul or Consular Agent between subjects o f the State which he represents and according to the laws of such state.

88 . Nothing in this Act shall be deemed to validate any marriage which the personal law applicable to e i t h e r of the parties forbids him or her to enter into.

Christian Marriage. 67

SCHEDULE I.

(See ระctions 12 and 38.)

N o t ic e o f M a r r ia g e .

To a M inister [or Registrar] of

I hereby give you notice that a marriage is intended to be had, w ithin three calendar months from the date hereof, between me and the other party herein named and described (that is to say) ะ

C hurch, chapel I->isirict in whichC ond i­ Rank or D w c ll- Length or place of w o r­ the r.ther party

Names. tion. profes­ Age. 11114 of res i­ ship in which resides, when thesion. place. dence. the um rui;j;e is parties dw e ll in

to be -otemiiized. d ifferent d istricts.

ะะ ะ-r. ะ:ท ■'1

A 1 .รf-ไ* ะ: o 2;

ร o ะร

— ------------ ----- _ --------- -------- ---------"So

5 05c V)V. •ร § 02 5 รฉ '-o'ะ 1 ร

CO 3;

Witness my hand, this day of

(Signed) JAMES SM ITH.

[The italics in this schedule are to be filled up as the case may be, and the blank division thereof is only to be filled up when one j f the parties lives in another d istrict.]

68 Christian Marriage.

SCHEDULE I I .

(See sections 24 and 50.)

C e r t if ic a t e o f R e c e ip t o f N o t ic e .I ,

do hereby certify that, on the day o f , notice was duly enteredin my Marriage Notice Book o f the marriage intended between the parties therein named and described, delivered under the hand o f one ofthe parties (that is to say) ะ —

Church, chapel D is tric t in w h ich

Names. C ond i­tion .

Rank or profes­sion.

Age.D w e ll­

ingplace.

Length of resi­dence.

o r place of w orsh ip in w h ich the

m arriage is to be solemnized.

the other party resides, w h .n

the parties dw trll in d iffe ren t

d istricts.

and that the declaration, or oath required by section 17 or 41 of the Christian Marriage Act has been duly made by the said (James Smith).

Date of notice entered 'I

f"Date o f certificate given J

Witness my hand, this

The issue of this certificate has not been prohibited by any person authorized to forb id the issue thereof.

day of(Signed)

This certificate w ill be void, unless the marriage is solemnized on or before the day of

[The italics in the schedule are to be filled up as the case may be, and the blank division thereof is only to be filled up when one o f the parties lives in another district ]

Christian Marriage. 69SCHEDULE I I I .

(See sections 28 and 31.)

F o r m o f R e g is t e r o f M a r r ia g e s .

Q U A R TE R LY RETURNS

o f

M AR R IAG ES

for

The Archdeaconry o f.........................................................................................

I, , Registrar of the Archdeaconry ofdo hereby certify that the annexed are correct copies of the originals and official Quarterly Returns of Marriages w ithin the Archdeaconry o f asmade and transmitted to me fo r the quarter commencing the day o f

ending the day of in the year of Our Lord

[Signature o f Registrar.]

Registrar of the Archdeaconry of

M AR R IAG ES solemnized at

SCHEDULE IV .

(See sections 32 and 54.)

M a r r ia g e R e g is t e r B o o k .

©

'

:imber. W H E N M a r u i e ;>.

N a m e s o f - 'ARTIl 'S.

Age C ond ition . R;;nk or Kesicic-ncc at the tim e < f m arriage.

Fa ther’s name and surname.

C hristian ทน,me. Surname.profession.

Day. M onth. Year.

James W hite 2(i year.: ... Wido'it'er... C arpen ter M oulm ein W illia m W h ite .

11 i

M artha D u n ca n ... 17 years ... S p in s te r ... M oulm ein Jo h n D uncan.

Married in the[ James White, ไ [John Sm ithไ

This marriage was solemnized' between us ๆ i ill the presence of us -! j.[M artha Duncan, J [John Green j

Christian

Marriage.

'..V.

C e r tif ic a t e o f M a r r ia g e .

N u m b e r . ! W h e n M a k r i E!).

N a m e s o f PAk'i'iKs.

I C hris tian Name. ! ร::ทา;แห('1

* i:<: k’ank orAf e. Condil 0 :1 . ' 7 1 •! profess oil.

i

Day.

I ■I :

Mon'.h. ! Y ea r, jI I

Jam c’.s

M a n ila

R „ s i d e n c e a t t h e lim e o f i m i r n a g e .

W hite ... ■ 2<> yc\Ii'i ... 1 IVidou-cr .. C m p -u ttr • M o n l/m in

Duncan ... 17 ye a r-... ] S p in s te r," ■ ... I M o id iu fiit

Married in the

This marriage was solemnized between us-lnames White,1[M artha Duncan,

1 ( John Sm ithไ’j. in the presence of us -i ■■■■•■■ }•

j [John GreenJ

Father’s name and surname.

W illia m W hite.

John Duncan.

1

Christian

Marriage.

72

Preamble.

N< tice of m arriage intended to besolemnized under the Foreign Marriage Act.

THE FO R EIG N M A R R IA G E ACT.

[ I n d i a A c t X IV . 1903.] (23rd October, 1903.)

W i i l r e a s it is expedient to give effect to the Foreign Marriages Order in Council, 1903 ; I t is hereby enacted as follows ะ—

1 1 * * * *

2. (J) Notice in w riting o f a marriage which it is intended to solemnize 55 & 56 Viet., under the Foreign Marriage Act, 1892, may be given by one of the parties c. 23. intending such marriage to—

(ft) a Marriage Registrar appointed under the Christian Marriage Act, where either of such parties is a person professing the Christian religion ;

(b) a D istrict Magistrate or Political Agent where neither of such parties is a person professing the Christian religion ะ

Provided that the party giving such notice as aforesaid shall have had his usual place of abode fo r not less than three consecutive weeks immediately preceding the giving of notice w ith in the local lim its of the area for which the Marriage Registrar, Magistrate or Political Agent to whom the notice is given, is appointed.

(2) Every notice given under this section shall Slate__(a) the name, surname, age and profession or condition of each of

the parties intending marriage ;(b) the residence of each of them ;(c) the time during which each o f them has dwelt there ; andUD the place in which the intended marriage is to be solemnized;

and it shall contain a declaration by the party giving the notice to the effect that he believes that there is no impediment of kindred or affinity or other law fu l hindrance to the solemnization of the said intended marriage.

(J) A copy o f every notice given under this section shall be published by being affixed in some conspicuous place in the office of the officer to whom the notice is given.

(4) On the expiration of four clear days after such notice as aforesaid has been published in the manner prescribed by sub-section (5), the officer to whom the notice is given, unless he is aware of any impediment of kindred or affinity or other lawful hindrance to the solemnization of the said intended marriage, shall, on payment of such fee ( if any) as the President o f the Union may fix in this behalf, furnish the party by whom the notice was given w ith a certificate, under his hand and seal, to the effect that the notice has been so given and published.

1 O m itted by the Union of Banna (Adaptation of Laws) Order, 1948.

THE BURMA DIVORCE ACT.73

CONTENTS.

I .— P r e l im in a r y .Sections.

1. * * * *2 . Extent of Act.

Extent o f power to grant relief.3. Interpretation clause.

I I .— J u r is d ic t io n .

4. M atrimonial jurisdiction of High Court and D istrict Courts to beexercised subject to Act.

5 -6 , * * * *

7. Court to act on principles of English Divorce Court.8. Extraordinary jurisdiction of High Court.

Power to transfer suits.9. Reference to H igh Court.

I I I . — D is s o l u t io n o f M a r r ia g e .

10. When husband may petition for dissolution.When wife may petition for dissolution.Contents o f petition.

1 {. Adulterer to be co-respondent.12. Court to be satisfied of absence o f collusion.13. Dismissal o f petition.14. Power to Court to pronounce decree for dissolving marriage.

Condonation.15. Relief in case of opposition on certain grounds.16. Decrees fo r dissolution to be nisi.

Collusion.17- Confirmation o f decree for dissolution by D istrict Judge.17A. Appointment o f officer to exercise duties o f K ing’s Proctor.

IV .—N u l l i t y o f M a r r ia g e .

18. Petition fo r decree o f nullity.19. Grounds o f decree.20. Confirmation of D istrict Judge’s decree.2 1 . Children o f annulled marriage.

73

THE BURMA DIVORCE ACT.CONTENTS.

I . — P r e l im in a r y .Sections.

1 . * * * *2 . Extent of Act-

Extent of power to grant relief.3. Interpretation clause.

I I . — J u r is d ic t io n ..

4. M atrimonial jurisdiction of High Court and D istrict Courts to beexercised subject to Act.

5-6. * * * *7. Court to act on principles of English Divorce Court.8. Extraordinary jurisdiction of High Court.

Power to transfer suits.9. Reference to High Court.

I I I . — D is s o l u t io n o f M a r r ia g e .

10. When husband may petition for dissolution.When wife may petition for dissolution.Contents o f petition.

11 . Adulterer to be co-respondent.12. Court to be satisfied of absence of collusion.13. Dismissal of petition.14- Power to Court to pronounce decree fo r dissolving marriage.

Condonation.15. Relief in case of opposition on certain grounds.16. Decrees fo r dissolution to be nisi-

Collusion.17. Confirmation o f decree for dissolution by D istrict Judge.I7A . Appointment of officer to exercise duties of K ing’s Proctor.

IV .—N u l l i t y o f M a r r ia g e .

18. Petition for decree o f nullity.19. Grounds o f decree.20. Confirmation of D istrict Judge’s decree.21. Children o f annulled marriage.

74 • Divorce.

22- Bar to decree for divorce a memo et loro -, but jud ic ia l separation obtainable by husband or wife.

23. Application fo r separation made by petition..24. Separated wife deemed spinster w ith respect to after-acquired property.25. Separated wife deemed spinster for purposes of contract and suing.

Reversal o f Decree of Separation.26. Decree of separation obtained during absence o f husband Or wife

may be reversed.

V I —P r o t e c t io n - O r d e r s .

27. Deserted wife may apply to Court for protection.28. Court may grant protection-order.29. Discharge or variation of orders.30. L iab ility of husband seizing wife’s property after notice of order-31. Wife’s legal position during continuance of order-

V II.— R e s t it u t io n o f C o n j u g a l R i g h t s .

32. Petition for restitution of conjugal rights.33- Answer to petition.

V I I I . — D a m a g e s a n d C o s t s -

34- Husband may claim damages from adulterer-35. Power to order adulterer to pay costs.

Power to order litigious intervenor to pay costs.

IX .— A l i m o n y -

36. A 'im ony pendente lile.37. Power to order permanent alimony.

Power to order monthly or weekly payments.38. Court may direct payment of alimony to wife or to her trustee.

X .— S e t t l e m e n t s .

39. Power to order settlement o f wife’s property fo r benefit of husbandand children.

Settlement of damages.40. Inquiry into existence o f ante-nuptial or post-nuptial settlements.

V . — J u d i c i a l S e p a r a t i o n .Sections.

Divorce- 75

X I . — C u s t o d y o f C h i l d r e n .

41. Power to make orders as to custody of children in suit for separation.42. Power to make such orders after decree.43. Power to make orders as to custody of children in suits for dissolution

or nullity.44. Power to make such orders after decree or confirmation.

X I I . — P r o c e d u r e .

45 Code of C iv il Procedure to apply.46. Forms of petitions and statements.47. Petition to state absence of collusion.

Statements to be verified.48. Suits on behalf of lunatics.49. Suits by minors.50. Service of petition.51. Mode of taking evidence.52. Competence o f husband and wife to give evidence as to cruelty

or desertion.53. Power to close doors.54. Power to adjourn.55. Enforcement of, and appeals from, orders and decrees.

No appeal as tQ, costs.56- Appeal to Supreme Court-

X I I I . — R e - M a r r ia g e .

57. Liberty to parties to marry again-58, English clergyman not compelled to solemnize marriages o f persons

divorced fo r adultery.59- English minister refusing to perform ceremony to permit use of

his church.

Sections-

X fV .— M is c e l l a n e o u s .

60- Decree for separation or protection-order valid as to persons dealing with wife before reversal.

Indemnity o f persons making payment to wife without notice of reversal o f decree or protection-order.

61. Bar o f suit fo r crim inal conversation.62. Power to make rules.62A. * * * *

76 Divorce.

SCHEDULE OF FORMS.

E x te n t o f A ct.E x ten t o f power to g ran t re lie f genera lly , and to make decrees of ทน]l i ty ,

Nos.1. Petition by husband fo r a dissolution o f marriage w ith damages

against co-respondent by reason o f adultery.2 . Respondent’s statement in answer to No. 1.3. Co-respondent’s statement in answer to No. 1 .4. Petition fo r decree of nu llity of marriage.5. Petition by wife for judicial separation on the ground of her

husband’s adultery.6. Statement in answer to No. 5 .7. Statement in reply to No. 6.8 . Petition fo r a judicial separation by reason of cruelty.9. Statement in answer to No. 8 .

10. Petition for reversal of decree of separation.11. Petition fo r protection-order.12. Petition fo r alimony pending the suit.13. Statement in answer to No. 12.14. Undertaking by m inor’s next friend to be answerable fo r respondent’s

costs.

TH E BU R M A DIVO RCE ACT. 1

[ I n d ia A ct IV , 1869.] ( 1st A p r i l , 1869.)

I . — P r e l im in a r y .

2 . * * * *

2. [This Act extends to the whole of the Union o f Burma . ] 2

Nothing herein contained shall authorize any Court to grant any re lie f under this Act except where the petitioner or respondent professes the Christian religion,

* * * * 3

or to make decrees of nu llity of marriage except where the marriage has been solemnized in the Union of Burma and the petitioner is resident in the Union of Burma at the time o f presenting the petition,

1 Sub-section (3) o f section 29 o f the L im ita tio n A ct says tha t no th ing in that Act sha ll app ly to suits under the Burm a D ivorce Act.

2 Substituted by the U n ion of Burm a (Adaptation of Laws) O rder, 1948.3 O m itted b y the same Order.

Divorce. 77

or to grant any re lief under this Act, other than a decree of dissolu­tion of marriage or of nu llity o f marriage, except where the petitioner resides in the Union of Burma at the time of presen­ting the petition.

3. In this Act, unless there be something repugnant in the subject or context,

(1) “ D istrict Judge ” and “ D istrict Court ” mean, in relation to c^sesarising in Karenni, 1 such officer as the President of the Union may appoint in this behalf and, in the absence of such appoint­ment, the High C o u rt;

(2)—(3) * * * *(4) “ Court ” means the H igh Court or the D istrict Court, as the case

may be ;(5) “ minor children ” means, in the case o f sons of native fathers,

boys who have not completed the age of sixteen years, and, in the case o f daughters of native fathers, girls who have not completed the age of thirteen years ะ in other cases it means unmarried children who have not completed the age o f eighteen years ;

(6) “ incestuous adultery ’’means adultery committed by a husbandwith a woman with whom, if his wife were dead, he could not law fully contract marriage by reason of her being w ith in the prohibited degrees of consanguinity (whether natural or legal) or affinity ;

(7) “ bigamy w ith adultery ” means adultery w ith the same womanwith whom the bigamy was committed ;

(8) “ marriage with another woman ” means marriage of any person,being married, to any other person, during the life o f the former wifeT whether the second marriage shall have taken place w ithin the dominions of His Britannic Majesty or elsewhere ;

(9) “ desertion ” implies an abandonment against the wish o f the per­son charging I t ; and

( 10 ) “ property ” includes, in the case of a wife, any property to which she is entitled for an estate in remainder or reversion, or as a trustee, executrix or administratrix ; and the date of the death of the testator or intestate shall be deemed to be the time at which any such wife becomes entitled as executrix or administratrix.

A petition under this A ct may be presented (a) to the D istrict Court w ithin the local lim its o f whose ordinary jurisdiction the husband and wife reside or last resided together, or (b) to the High Court in any case where the husband and wife reside or last resided together in the Union of Burma, and may not be presented to any other Court in the Union o f Burma.

or other relief.

Interpreta­tion clause.

'* M inor ch ild ren . ’*

“ Incestuous adultery. ”

“ B igam y w ith adul­tery. ”“ M arriage w ith another w om an. ”

“ D esertion ."

“ Property. ”

1 Now the Kayah state.

78 Divorce.

M atrim on ia l ju risd iction ( f High Court and D is tric t Courts to be cxercised subject to Act.

Court to act on principled o f fenglish JDivorcc Court.

lix tra o rd i- nary ju risd ic ­tio n of H igh Cou t.

Power to transfer ชนits.

Reference t i H igh Court.

W hen hus­band m ay p e titio n fo r d isso lu tion. W hen w ife may pe tition fo r dissolu­tion .

I I — J u r is d ic t io n .

4. The jurisdiction of the H igh Court in respect of causes, suits and matters m atrimonial shall be exercised by such Court and by the D istrict Courts subject to the provisions of this A ct and not otherwise.

5—6. * * * *

7. Subject to the provisions contained in this Act, the High Court and D istrict Courts shall, in all suits and proceedings hereunder, act and give relief on principles and rules which, in the opinion of the said Courts, are as nearly as may be conformable to the principles and rules on which the Supreme Court of Judicature in England fo r the time being acts and gives relief ะ'

Provided that nothing in this section shall deprive the said Courts of jurisdiction in a case where the parties to a marriage professed the Christian religion at the time of the occurrence of the facts on which the claim to relief is founded.

8 . The High Court may, whenever it thinks fit, remove and try and determine as a Court of original jurisdiction any suit or proceeding instituted under this Act in the Court of any D istrict Judge.

The H igh Court may also withdraw any such suit or proceeding, and transfer it fo r tria l or disposal to the Court of any other such D istrict Judge.

9. When any question of law or usage having the forcc of law arises at any point in the proceedings previous to the hearing of any suit under this Act by a D istrict Court or at any subsequent stage of such suit, or in the execution of the decree therein or order thereon, the Court may, either of its own motion or on the application of any of the parties, draw up a statement of the case and refer it, w ith the Court’s own opinion thereon, to tile decision of the High Court.

I f the question has arisen previous to or in the hearing, the D istrict Court may either stay such proceedings, or proceed in the case pending such reference and pass a decree contingent upon the opinion of the High Court upon it.

I f a decree or order has been made, its execution shall be stayed until the receipt of the order of the High Court upon such reference.

I I I .— D is s o l u t io n o f M a r r ia g e .

10. Any husband may present a petition to the D istrict Court or to the H igh Court, praying that his marriage may be dissolved on the ground that his w ife has, since the solemnization thereof, been guilty of adultery.

Any wife may present a petition to the D istrict Court or to the High C ourt, praying that her marriage may be dissolved on the ground that, since the solemnization thereof, her husband has exchanged his profession of

D ivorce. 79Christianity fo r the profession of some other religion, and gone through a form of marriage w ith another woman ;

or has been guilty of incestuous adultery, or of bigamy w ith adultery,or of marriage w ith another woman w ith adultery, or of rape, sodomy or bestiality,or of adultery coupled w ilh such cruelty as without adultery would have

entitled her to a divorce น mcnsa et toro, or of adultery coupled w ilh desertion, w ithout reasonable excuse, fo r two

years or upwards.Every such petition shall state, as distinctly as the nature of the case

permits, the facts on which the claim lo have such marriage dissolved is founded.

11. Upon any such petition presented by a husband, the petitioner shall make lhe alieged adulterer a co-respondent to lhe said petition, unless he is excused from so doing on one of the fo llow ing grounds, to be allowed by the Court ะ—

( 1 ) that the respondent is leading the life of a prostitute, and that thepetitioner knows of no person w ith whom the adultery has been committed ;

(2) that the name of the alleged adulterer is unknown to the petitioneralthough he has made due efforts to discover it ;

(3) that the alleged adulterer is dead.

12. Upon any such petition fo r the dissolution of a marriage, the Court shall satisfy itself, so far as it reasonably can, not only as to the facts alleged, but also whether or not the petitioner has been in any manner accessory to, or conniving at, the going through of the said form of marriage, or the adultery, or has condoned the same, and shall also inquire into any counter-charge which may be made against the petitioner.

13. I l l case the Court, on the evidence in relation lo any such petition, is satisfied that the petitioner’s case has not been proved, or is not satisfied that the alleged adultery has been committed, or finds that the petitioner has, during the marriage, been accessory to, or conniving at, the going through of the said form of marriage, or the adultery of the other party to the marriage, or has condoned the adultery complained of, or that the petition is presented or prosecuted in collusion with either of the respondents, then and in any of the said cases the Court shall dismiss the petition.

When a petition is dismissed by a D is tric t Court under this section, the pelitioner may, nevertheless, present a similar petition to lhe High Court.

14. In care the Court is satisfied on the evidence that the case of the petitioner has been proved, and does not find that the petitioner has been in any manner accessory to, or conniving at, the going through of the said form o f marriage, or the adultery of the other party to the marriage, or has

Contents of petition.

Adulterer to be co-res­pondent

Court to be satisfied o f absence c f c o lli s ioti.

D ismissal of pe tition.

Power to Cot r t to pronounce decree for d isso lv ing m arriage.

Uivorce.

Condonation.

R e lie f incase of opposition on certa in grounds.

Decrees fo r dissolution to be nisi.

Collusion.

condoned the adultery complained of, or that the petition is presented or prose­cuted in collusion with either of the respondents, the Court shall pronounce a decree declaring such marriage to be dissolved in the manner and subject to a ll the provisions and lim itations in sections 16 and 17 made and declared ะ

Provided that the Court shall not be bound to pronounce such decree if i t finds that the petitioner has, during the marriage, been gu ilty of adultery, or i f the petitioner has, in the opinion o f the CourtT been guilty o f unreasonable delay in presenting or prosecuting such petition, or o f cruelty towards the other party to the marriage, or of having deserted or w ilfu lly separated himself or herself from the other party before the adultery complained of, and w ithout reasonable excuse, or o f such w ilfu l neglect or misconduct of or towards the other party as has conduced to the adultery.

No adultery shall be deemed to have been condoned w ithin the meaning of this Act unless where conjugal cohabitation has been resumed or continued.

15. In any suit instituted for dissolution of marriage, if the respondent opposes the relief sought on the ground, in case of such a suit instituted by a husband, of his adultery, cruelty or desertion w ithout reasonable excuse, or, in case of such a suit instituted by a wife, on the ground of her adultery and cruelty, the Court may in such suit give to the respondent, on his or her applica­tion, the same relief to which he or she would have been entitled in case he or she had presented a petition seeking such relief, and the respondent shall be competent to give evidence of or relating to such cruelty or desertion.

16. Every decree for a dissolution of marriage made by the High Court, not being a confirmation of a decree of a D istrict Court, shall, in the first instance, be a decree nisi, not to be made absolute t i l l after the expiration of such time, not less than six months from the pronouncing thereof, as the High Court by general or special order from time to time directs.

During that period any person shall be at liberty, in such manner as the H igh Court by general or special order from time to time directs, to show cause why the said decree should not be made absolute by reason o f the same having been obtained by collusion or by reason of material facts not being brought before the Court-

On cause being so shown, the Court shall deal w ith the case by making the decree absolute, or by reversing the decree nisi, or by requiring further inquiry, or otherwise as justice may demand.

The High Court may order the costs of counsel and witnesses, and otherwise arising from such cause being shown, to be paid by the parties or such one or more o f them as it thinks fit, including a wife i f she have separate property.

Whenever a decree nisi has been made, and the petitioner fails, w ithin a reasonable time, to move to have such decree made absolute, the H igh Court may dismiss the suit.

Divorce. 81< / 17. Every decree fo r a dissolution of marriage made by a D is tric t Judge C onfirm ation

shall be subject to confirmation by the H igh Court. d isso lu tio n ^Cases fo r confirmation o f a decree fo r dissolution of marriage shall be b y D is tr ic t

heard, by a Court composed o f three Judges, and in case of difference the ^udge‘ opinion of the majority shall prevail.

The H igh Court, i f i t th ink further enquiry or additional evidence to be necessary, may direct such enquiry to be made or such evidence to be taken.

The result of such enquiry and the additional evidence shall be certified to the High Court by the D istrict Judge, and the High Court shall thereupon make an order confirming the decree fo r dissolution of marriage, or such other order as to the Court seems fit ะ

Provided that no decree shall be confirmed under this section t i l l after the expiration of such tim e, not less than six months from the pronouncing thereof, as the High Court1 by general or special order from time to time directs.

During the progress of the suit in the Court of the D istrict Judge, any person, suspecting that any parties to the Suit are or have been acting in collusion for the purpose of obtaining a divorce, shall be at liberty, in such manner as the High Court by general or special order from time to time directs, to apply to the High Court to remove the suit under section 8, and the H igh Court shall thereupon, i f it th ink fit, remove such suit and try and determine the same as a Court of original jurisdiction, and the provisions contained in section 16 shall apply to every suit so removed ; or i t may direct the D istric t Judge to take such steps in respect of the alleged collusion as may be necessary to enable him to make a decree in accordance w ith the justice of the case.

17A. The President of the Union may appoint an officer2 who shall, A ppo in tm en t

within the jurisdiction o f the High Court, have the like righ t of showing °xemset0cause why a decree fo r the dissolution of marriage should not be made dufies^ofabsolute or should not be confirmed, as the case may be, as is exercisable in p ^ t’®rEngland by the King’s Proctor, and the President of the Union may make roc or' rules3 regulating the manner in which the right shall be exercised and a ll matters incidental to, or consequential on, such exercise,

IV .— N u l l i t y o f M a r r ia g e .

18. Any husband or wife may present a petition to the D istrict Court or P etition forto the High Court, praying that his or her marriage may be declared null and ทนvoid. nu y

1 The H ig h Court has directed th a t no decree fo r d isso lu tion o f a m arriage sha ll be confirm ed t i l l a fte r the exp ira tion o f s ix m cn ihs therefrom ; see Burm a Gazette, 1940, P art IV , page 149.

2 The A ttorney-G enera l has been appointed K ing 's P rcc to r fo r B u rm a ; see Burm a Gazette, 1940, Part I , page 330.

3 F o r the Burm a D ivorce (D om iciled Parties) In tervention Proceedings R ules, see Burma Gazette1 1940, P art I , page 330.

6

82 Divorce-

Grounds • { decree.

Confirm ation o f D is tric t Judge’s decree.

Children ofannulledm arriage.

B ar to decree fo r divorce a mensa et loro-, but ju d ic ia l separation obtainable by husband or w ife .

A pplication fo r separation made by pe tition !

Separated w ife deemed spinster w ith 1-especl to a fte r- " acquired property.

19. Such decree may be made on any of the following grounds :—( 1 ) that the respondent was impotent at the time of the marriage' and

at the time of the institution of the s u it ;( i ) that the parties are w ith in the prohibited degrees of consanguinity

(whether natural or legal) or affinity ะ(3) that either party was a lunatic or id io t at the time o f the marriage ;(4) that the former husband or w ife o f either party was liv ing at the

time of the marriage, and the marriage w ith such former husband or w ife was then in force.

Nothing in this section shall affect the jurisdiction of the High Court to make decrees of nu llity of marriage on the ground that the consent o f either party was obtained by force or fraud.

20. Every decree of nu llity of marriage made by a D istrict Judge shall be subject to confirmation by the High Court, and the provisions of section 17, clauses 1 , 2, 3 and 4, shall, mulatis mutandis, apply to such decrees.

21. Where marriage is annulled on the ground that a former husband Or wife was living, and it is adjudged that the subsequent marriage was contracted in good fa ith and w ith the fu ll belief of the parties that the former husband or wife was dead, or when a marriage is annulled on the ground o f insanity, children begotten before the decrw is made shall be specified in the decree, and shall be entitled to succeed, in the same manner as legitimate children, to the estate of the parent who at the time of the marriage was competent to contract.

V.—J u d ic ia l Se p a r a t io n .

22. No decree shall hereafter be made for a divorce a mensa et toro, but the husband or wife may obtain a decree o f jud ic ia l separation, on the ground o f adultery, or cruelty, or desertion without reasonable excuse fo r two years or upwards, and such decree shall have the effect of a divorce a mensa et toro under the existing law, and such other legal effect as hereinafter mentioned-

23. Application for judicial separation on any one of the grounds aforesaid may be made by either husband or wife by petition to the D istrict Court or the High C o u rt; and the Court, on being satisfied o f the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree jud icia l separation accordingly.

24. In every case of a judicial separation under this Act, the wife shall, from the date of the sentence, and whilst the separation continues, be considered as unmarried w ith respect to property of every description which she may acquire, or which may come to or devolve upon her.

Divorce- 83

Such property may be disposed o f by her in a ll respects as an unmarried woman, and on her decease the same shall, in case she dies intestate, go as the same would have gone i f her husband had been then dead ะ

Provided that, i f any such wife again cohabits w ith her husband, a ll such property as she may be entitled to when such cohabitation takes place shall be held to her separate use, subject, however, to any agreement in w riting made between herself and her husband whilst separate.

25. In every case of a jud ic ia l separation under this Act, the wife shall whilst so separated be considered as an unmarried woman fo r the purposes of contract and wrongs and injuries, and suing and being sued in any c iv il proceeding ; and her husband shall not be liable in respect of any contract, act or costs entered into, done, omitted or incurred by her during the separation ะ

Provided that where, upon any such jud icia l separation, alimony has been decreed or orderd to be paid to the wife, and the same is not duly paid by the husband, he shall be liable for necessaries supplied for her use :

Provided also that nothing shall prevent the wife from joining, at any time during such separation, in the exercise of any jo in t power given to herself and her husband.

Reversal of Decree of Separation.

26. Any husband or wife, upon the application of whose wife or husband, as the case may be, a decree of jud ic ia l separation has been pronounced, may, at any time thereafter, present a petition to the Court by which the decree was pronounced, praying fo r a reversal o f such decree, on the ground that it was obtained in his or her absence, and that there was reasonable excuse for the alleged desertion where desertion was the ground o f such decree.

The Court may, on being satisfied of the truth of the allegations o f such petition, reverse the decree accordingly ; but such reversal shall not prejudice or affect the rights or remedies which any other person would have had, in case i t had not been decreed, in respect of any debts, contracts or acts of the wife incurred, entered into or done between the times of the sentence of separation and of the reversal thereof.

V I.— PROTHCTlON-ORDERS.

27. Any wife to whom section 20 of the Succession A ct does not apply may, when deserted by her husband, present a petition to the D istrict Court or the H igh Court, at any time after such desertion, fo r an order to protect any property which she may have acquired or may acquire, and any property o f which she may have become possessed or may become possessed after such desertion, against her husband or his creditors, or any person claiming under him.

Separated w ife deemed spinster fo r purposes of contract and suing.

Decree of separation obtained during absence of husband or w ife may be reversed.

Deserted w ife m ay app ly to C ourt for protection.

84 Divorce.

C ourt m ay gran t protec­tion-order.

D ischarge or varia tion of orders.

L ia b il ity ofhusbandseizingw ife ’spropertya fte r noticeof order.

W ife 's legal position du r­ing con tinu­ance o f order.

P e tition for restitu tion of conjugal righ ts .

Answ er to pe tition .

Husband may c la im damages from adu l­terer.

28. The Court, i f satisfied o f the fact of such desertion, and that the same was without reasonable excuse, and that the wife is maintaining herself by her own industry or property, may make and give to the wife an order protecting her earnings and other property from her husband and a ll creditors and persons claiming under him. Every such order shall state the time at which the desertion commenced, and shall, as regards a ll persons dealing w ith the wife in reliance thereon, be conclusive as to such time.

29. The husband or any creditor of, or person claiming under, him, may apply to the Court by which such order was made fo r the discharge or variation thereof, and the Court, if the desertion has ceased, or if fo r any other reason it th ink fit so to do, may discharge or vary the order accordingly.

30. I f the husband, or any creditor of, or person claiming under, the husband, seizes or continues to hold any property of the wife after notice o f any such order, he shall be liable, at the suit of the wife (which she is hereby empowered to bring), to return or deliver to her the specific property, and also to pay her a sum equal to double its value.

31. So long as any such order o f protection remains in force, the wife shall be and be desmed to have been, during such desertion of her, in the like position in all respects, w ith regard to property and contracts and suing and being sued, as she would be under this Act i f she obtained a decree o f jud ic ia l separation.

V I I .— R e s t it u t io n o f C o n j u g a l R i g h t s .

32. When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, either wife or husband may apply, by petition to the D istrict Court or the High Court, fo r restitution o f conjugal rights, and the Court, on being satisfied of the truth of th ; statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

33. Nothing shall be pleaded in answer to a petition fo r restitution o f conjugal rights which would not be ground fo r a suit fo r jud ic ia l separation or for a decree of nu llity of marriage.

V I I I . — D a m a g e s a n d C o s t s .

34. Any husband may, either in a petition for dissolution of marriage or fo r jud ic ia l separation, or in a petition to the D istrict Court or the High Court lim ited to such object only, claim damages from any person on the ground of his having committed adultery w ith the wife of such petitioner.

Such petition shall be served on the alleged adulterer and the wife, unless the Court dispenses with such service, or directs some other service to be substituted.

Divorce. 85

The damages to be recovered on any such petition shall be ascertained by the said Court, although the respondents or either of them may not appear.

A fte r the decision has been given, the Court may direct in what manner such damages shall be paid or applied.

35. Whenever, in any petition presented by a husband, the alleged adulterer has been made a co-respondent, and the adultery has been established, the Court may order the co-respondent to pay the whole or any part of the costs of the proceedings ะ

Provided that the co-respondent shall not be ordered to pay the petitioner’s costs—

( 1 ) i f the respondent was, at the time o f the adultery, living apart fromher husband and leading the life of a prostitute, or

(2) i f the co-respondent had not, at the time of the adultery, reasonto believe the respondent to be a married woman.

Whenever any application is made under section 17, the Court, i f it thinks that the applicant had no grounds or no sufficient grounds for intervening, may order him to pay the whole or any part of the costs occasioned by the application.

IX .— A l i m o n y .

36. In any suit under this Act, whether i t be instituted by a husband or a wife and whether or not she has obtained an order of protection, the wife may present a petition fo r alimony pending the suit.

Such petition shall be served on the husband, and the Court, on being satisfied of the truth of the statements therein contained, may make such order on the husband fo r payment to the wife of alimony pending the suit as i t may deem just ะ

Provided that alimony pending the suit shall in no case exceed one-fifth of the husband’s average nett income fo r the three years next preceding the date of the order, and shall continue, in case of a decree fo r dissolution of marriage or o f nu llity o f marriage, until the decree is made absolute or is confirmed, as the case may be.

37. The High C ou rt' may, i f i t th ink fit, on any decree absolute declaring a marriage to be dissolved, or on any decree o f judicia l separation obtained by the wife, and the D istrict Judge may, i f he thinks fit, on the confirmation of any decree o f his, declaring-a marriage to be dissolved, or on any decree o f jud ic ia l separation obtained by the wife, order that the husband shall, to the satisfaction of the Court, secure to the wife such gross sum of money, or such annual sum o f money fo r any term not exceeding her own life, as having regard to her fortune ( if any), to the ab ility o f the

Power to order adulter­er to pay costs.

Power to order l i t i ­gious in te r- venor to pay costs.

Aliir.ony fc n- riente life .

Power to order perma- nenta lim ony.

86 Divorce.

Pow er to order m onth­ly or weekly payments.

C ou it may d irect payment of alim ony to w ife o r to her trustee.

Power to order »ettle- ire n t of w ife ’ร pro­perty fo r benefit of husband and ch ild ren .

Settlem ent of damages.

In q u iry in to existence of ante-nt p tia l o r post­n u p tia l settlements.

husband, and to the conduct of the parties, i t thinks reasonable, and for that purpose may cause a proper instrument to be executed by a ll necessary parties.

In every such case the Court may make an order on the husband fo r payment to the wife of such monthly or weekly sums fo r her maintenance and support as the Court may th ink reasonable ะ

Provided that i f the husband afterwards from any cause becomes unable to make such payments, it shall be lawful fo r the Court to discharge or modify the order, or temporarily to suspend the same as to the whole or any part o f the money so ordered to be paid, and again to revive the same order wholly or in part, as to the Court seems fit.

38. In all cases in which the Court makes any decree or order for alimony it may direct the same to be paid either to the wife herself, or to any trustee on her behalf to be approved by the Court, and may impose any terms or restrictions which to the Court seem expedient, and may from time to time appoint a new trustee, if it appears to the Court expedient so to do.

X .— Se t t l e m e n t s .

39. Whenever the Court pronounces a decree of dissolution of marriage or judicia l separation for adultery of the wife, i f it is made to appear to the Court that the wife is entitled to any property, the Court may, if it th ink fit, order such settlement as it thinks reasonable to be made of such property or any part thereof, fo r the benefit o f the husband, or o f the children of the marriage, or o f both.

Any instrument executed pursuant to any order of the Court at the time o f or after the pronouncing o f a decree of dissolution of marriage or judicia l separation shall be deemed valid notwithstanding the existence of the disability o f coverture at the time o f the execution thereof.

The Court may direct that the whole or any part o f the damages recovered under section 34 shall be settled for the benefit of the children of the marriage, or as a provision fo r the maintenance of the wife.

40. The High Court, after a decree absolute fo r dissolution of marriage, or a decree of nu llity of marriage, and the D istrict Court, after its decree for dissolution of marriage or of nu llity of marriage has been confirmed, may inquire into the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is the subject o f the decree, and may make such orders, w ith reference to the application o f the whole or a portion o f the property settled, whether for the benefit o f the husband or the wife, or o f the children ( if any) o f the marriage, or of both children and parents, as to the Court seems f i t :

Provided that the Court shall not make any order fo r the benefit of the parents or either o f them at the expense o f the children.

86 Divorce.

Power to order m onlh- ly or weekly payment*.

C ourt may d irect payment of a lim ony to w ife o r to he r tru ite e .

Power to order »eule- 11 ไent ot w ife ’s pro­pe rty fo r benefit ofhusband and ch ildren.

Settlem ent of damages.

In q u iry in to existence of ante-n i p tia l or post­nu p tia l settlements.

husband, and to the conduct of the parties, i t thinks reasonable, and fo r that purpose may cause a proper instrument to be executed by a ll necessary parties.

In every such case the Court may make an order on the husband fo r payment to the wife of such monthly or weekly sums fo r her maintenance and support as the Court may th ink reasonable ะ

Provided that i f the husband afterwards from any cause becomes unable to make such payments, i t shall be lawful fo r the Court to discharge or modify the order, or temporarily to suspend the same as to the whole or any part o f the money so ordered to be paid, and again to revive the same order wholly or in part, as to the Court seems fit.

38. In all cases in which the Court makes any decree or order for alimony it may direct the same to be paid either to the wife herself, or to any trustee on her behalf to be approved by the Court, and may impose any terms or restrictions which to the Court seem expedient, and Iiiay from time to time appoint a new trustee, if it appears to the Court expedient so to do.

X .— Se t t l e m e n t s .

39. Whenever the Court pronounces a decree of dissolution o f marriage or judicia l separation for adultery of the wife, i f it is made to appear to the Court that the wife is entitled to any property, the Court may, i f it th ink fit, order such settlement as it thinks reasonable to be made of such property or any part thereof, fo r the benefit o f the husband, or o f the children of the marriage, or o f both.

Any instrument executed pursuant to any order of the Court at the time of or after the pronouncing o f a decree of dissolution of marriage or judicial separation shall be deemed valid notwithstanding the existence of the disability o f coverture at the time o f the execution thereof.

The Court may direct that the whole or any part o f the damages recovered under section 34 shall be settled for the benefit o f the children of the marriage, or as a provision for the maintenance of the wife.

40. The High Court, after a decree absolute fo r dissolution of marriage, or a decree of nu llity of marriage, and the D istrict Court, after its decree fo r dissolution of marriage or of nu llity of marriage has been confirmed, may inquire into the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is the subject o f the decree, and may make such orders, w ith reference to the application o f the whole or a portion o f the property settled, whether for the benefit of the husband or the wife, or o f the children ( if any) of the marriage, or o f both children and parents, as to the Court seems fit ะ

Provided that the Court shall not make any order fo r the benefit of the parents or either o f them at the expense o f the children.

Divorce. 87

X I . — C u s t o d y o f C h i l d r e n .

41. In any suit fo r obtaining a judicia l separation the Court may from time to time, before making its decree, make such interim orders, and may make such provision in the decree, as it deems proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject o f such suit, and may. i f it th ink fit, direct proceedings to be taken fo r placing such children under the protection of-the said Court.

42. The Court, after a decree of judicia l separation, may upon applica­tion (by petition) for this purpose make, from time to time, a ll such orders and provision, w ith respect to the custody, maintenance and education o f the minor children, the marriage o f whose parents is the subject of the decree, or fo r placing such children under the protection of the said Court, as m ight have been made by such decree or by interim orders in case the proceedings for obtaining such decree were s till pending.

43. In any suit fo r obtaining a dissolution of marriage or a decree of nu llity of marriage instituted in or removed to the High Court, the Court may from time to time, before making its decree absolute or its decree (as the case may be), make such interim orders, and may make such provision in the decree absolute or decree, and in any such suit instituted in a D istrict Court, the Court may from time to time, before its decree is confirmed, make such interim orders, and may make such provision on such confirmation, as the High Court or D istrict Court (as the case may be) deems proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the s u it ; and may, i f it th ink fit, direct proceedings to be taken for placing such children under the protection of the Court.

44. The High Court, after a decree absolute fo r dissolution of marriage or a decree of nu llity o f marriage, and the D istrict Court, after a decree fo r dissolution o f marriage or of nu llity o f marriage has been confirmed, may, upon application by petition fo r the purpose, make from time to time a ll such orders and provision, w ith respect to the custody, maintenance and education of the minor children, the marriage of whose parents was the subject of the decree, or fo r placing such children under the protection o f the said Court, as might have been made by such decree absolute or decree (as the case may be), or by such interim orders as aforesaid.

X I I .—P r o c e d u r e .

45. Subject to the provisions herein contained, a ll proceedings under this Act between party and party shall be regulated by the Code of C iv il Procedure.

P ow er to m ake orders as to custody o f ch ildren in su it lo r separation.

P ow er to make such orders a lte r decree.

P ow er to make orders .าร to custod y of ch ild ren in suits (o r d isso lu tion or n u ll ity .

P ow er to make such orders a fter decree or con firm ation.

Code o f C iv il Procedure to apply.

88 Divorce-

Forms o f petitions and statements.

Petition to state absence ol co llusion.

Statements to be verified.

Suits on behalf o f luna tics.

Suits by m ino rs .

Service of pe tition.

M ode o f tak­in g evidence.

46. The forms set forth in the Schedule to this Act, w ith such variation as the circumstances of each case require, may be used fo r the respective purposes mentioned in such Schedule.

47. Every pe titio n 1 under this Act for a decree o f dissolution o f marriage or o f n u llity of marriage or of jud ic ia l separation shall state that there is not any collusion or connivance between the petitioner and the other party to the m arriage;

the statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in manner required by law fo r the verification of plaints, and may at the hearing be referred to as evidence.

48. When the husband or w ife is a lunatic or idiot, any suit under this A ct (other than a suit fo r restitution of conjugal rights) may be brought on his or her behalf by the committee or other person entitled to his or her custody.

49. Where the petitioner is a minor, he or she shall sue by his or her next friend to be approved by the C o u rt; and no petition presented by a m inor under this Act shall be filed until the next friend has undertaken in w riting to be answerable fo r costs.

Such undertaking shall be filed in Court, and the next friend shall thereupon be liable in the same manner and to the same extent as i f he were a p la in tiff in an ordinary suit.

50. Every petition under this Act shall be served on the party to be affected thereby, either w ith in or w ithout the Union of Burma, in such manner as the H igh Court by general or special order from time to time directs :

Provided that the Court may dispense with such service altogether in case i t seems necessary or expedient so to do.

51. The witnesses in a ll proceedings before the Court, where their attendance can be had, shall be examined orally, and any party may offer himself or herself as a witness, and shall be examined, and may be cross- examined and re-examined, like any other witness:

Provided that the parties shall be at liberty to verify their respective cases in whole or in part by affidavit, but so that the deponent in every such affidavit shall, on the application o f the opposite party, or by direction of the Court, be subject to be cross-examined by or on behalf of the opposite party orally, and after such cross-examination may be re-examined orally as aforesaid by or on behalf of the party by whom such affidavit was filed.

1 F o r Court-fee, see the Court Fees A ct, item 20, schedule I I .

Divorce. 89

52. On any petition presented by a wife, praying that her marriage may be dissolved by reason o f her husband having been guilty of adultery coupled w ith cruelty, or of adultery coupled w ith desertion w ithout reasonable excuse, the husband and wife respectively shall be competent and compellable to give evidence o f or relating to such cruelty or desertion.

53. The whole or any part of any proceeding under this Act may be heard, i f the Court thinks fit, w ith closed doors-

54. The Court may from time to time adjourn the hearing of any petition under this Act, and may require further evidence thereon if it sees fit so to do-

55. A l l decrees and orders made by the Court in any suit or proceeding under this Act shall be enforced and may be appealed from in the like manner as the decrees and orders of the Court made in the exercise of its original c iv il jurisdiction are enforced and may be appealed from under the laws, rules and orders for the time being in force ะ

Provided that there shall be no appeal from a decree of a D istrict Judge fo r dissolution of marriage or of nu llity of marriage ะ nor from the order of the High Court confirming or refusing to confirm such decree ะ

Provided also that there shall be no appeal on the subject o f costs only.

56. Any person may appeal to [the Supreme Court] 1 from any decree (other than a decree nis/■> or order under this A c t of the High Court made on appeal or otherwise, and from any decree (other than a decree nisi) or order made in the exercise of original jurisdiction by Judges of the High Court or of any Division Court from which an appeal shall not lie to the High Court, when the High Court declares that the case is a fit one fo r appeal to [the Supreme Court] 1.

X I I I .— R e - M a r r ia g e .

57. When six months after the date of an order o f the High Court con­firm ing the decree fo r a dissolution o f marriage made by a D istrict Judge have expired, or when six months after the date o f any decree of the High Court dissolving a marriage have expired, and no appeal has been presented against such decree to the High Court in its appellate jurisdiction, or when any such appeal has been dismissed, or when in the result o f any such appeal any marriage is declared to be dissolved, but not sooner, it shall be lawful fo r the respective parties to the marriage to marry again, as i f the prior marriage had been dissolved by death :

Provided that no appeal to [the Supreme Court] 1 has been presented against any such order or decree.

Competence o f husband and w ife to g ive evidence as to c ru e lty or desertion.

Power to close doors.

Power to ad journ.

Enforcem ent o f and appeal fro m orders and decrees.

No appeals as to costs.

Appeal to Supreme C o iiri.

L ib e rty to pa rties to m a rry again.

1 Substituted by the U n ion o f B urm a (A daptation of L-uvs) O rder, 1948.

90 Divorce.

E ng lish clergyman not com­pelled to solemnize m arriages of persons d ivorced (o r adu ltery.

E ng lish m in is te r re fus ing to pe rfo rm ceremony to perm it use of ilis church.

Decree fo r separation or protection o rd e r v a lid as to persons dealing w ith w ife before reversal.

In d e m n ity o f persons m ak­ing paym ent to w ife w ith ­out no tice of reversal o f decree or p ro tec tion orde

Bar o f suit fo r c r im in a l conversation.

When such appeal has been dismissed, or when in the result thereof the marriage is declared to be dissolved, but not sooner, i t shall be law ful fo r the respective parties to the marriage to marry again as i f the prior marriage had been dissolved by death.

58. No clergyman in Holy Orders o f the Church of England shall be compelled to solemnize the marriage o f any person whose former marriage has been dissolved on the ground of his or her adultery, or shall be liable to any suit, penalty or censure for solemnizing or refusing to solemnize the marriage of any such person.

59. When any minister of any church or chapel of the said Church refuses to perform such marriage service between any persons who, but fo r such refusal, would be entitled to have the same service performed in such church or chapel, such minister shall permit any other minister in Holy Orders of the said Church, entitled to officiate w ith in the diocese in which such church or chapel is situate, to perform such marriage service in such church or chapel.

X IV .—M i s c e l l a n e o u s .

60. Every decree fo r jud icia l separation or order to protect property obtained by a wife under this Act shall, until reversed or discharged, be deemed valid, so far as necessary, for the protection o f any person dealing w ith the wife.

No reversal, discharge or variation of such decree or order shall affect any rights or remedies which any person would otherwise have had in respect of any contracts or acts of the wife entered into or done between the dates o f such decree or order and of the reversal, discharge or variation thereof.

A ll persons who in reliance on any such decree or order make any pay­ment to, or permit any transfer or act to be made or done by, the wife who has obtained the same shall, notwithstanding such decree or order may then have been reversed, discharged or varied, or the separation of the wife from her husband may have ceased, or at some time since the making of the decree or order been discontinued, be protected and indemnified as if, at the time of such payment, transfer or other act, such decree or order were valid and still subsisting w ithout variation, and the separation had not ceased or been discontinued, unless, at the time o f the payment, transfer or other act, such persons had notice o f the reversal, discharge or variation o f the decree or order or of the cessation or discontinuance of the separation.

61. No person competent to present a petition under sections 2 and 10 shall maintain a suit fo r crim inal conversation w ith his wife.

Divorce. 91

62. The High Court shall make such rules 1 under this A ct as i t may consider expedient ะ

Provided that such rules, alterations and additions are consistent w ith the provisions o f this Act and the Code of C iv il Procedure.

A ll such rules shall be published in the Gazette.

262A. * * * *

SCHEDULE OF FORMS.

N o . 1. — P e t it io n BY HUSBAND FOR A D ISSOLUTION OF MARRIAGE W ITH DAMAGES AGAINST CO-RESPONDENT, BY REASON OF ADULTERY.

(See sections 10 and 34.)

In the (High) Court ofTo the Hon’ble M r. Justice [ or To the Judge of ].

The day of , 19 •The petition of A-B-, of

S h e w e t h ,

1 - That your petitioner was on the day of 1 onethousand nine hundred and , law fu lly married to C.B., then C.D.,spinster, at -3

2. That from his said marriage, your petitioner lived and cohabited w ith his said wife at and at , in , and lastly at

in , and that your petitioner and his said wife havehad issue of their said marriage, five children, o f whom two sons only survive, aged respectively twelve and fourteen years.

3. That during the three years immediately preceding theday o f one thousand nine hundred and , X .Y . wasconstantly, with few exceptions, residing in the house of your petitioner at

aforesaid, and that on divers occasions during the said period, the dates of which are unknown to your petitioner, the said C.B. in your petitioner’s said house committed adultery w ith the said X.Y .

4. That no collusion or connivance exists between me and my said wife fo r the purpose of obtaining a dissolution o f our said marriage or fo r any other purpose-

1 See the H ig h Court Rules and Orders.2 T h is section was deleted by the U nion o f Burma (A dapta tion o f Laws) O rder, 1948.3 I f the marriage was solemnized out o f the U n ion o f Burm a, tile adu ltery must be shown to

have been com m itted in the U n ion o f Burm a.

Power to make ru les.

92 Divorce-

Your petitioner, therefore, prays that this (Hon’ble) Court w ill decree a dissolution o f the said marriage, and that the said X.Y. do pay the sum o f rupees 5,000 as damages by reason of his having committed adultery w ith your petitioner’s said wife, such damages to be paid to your petitioner, or otherwise paid or applied as to th is (Hon’ble) Court seems fit.

(Signed) A. B.

Form of Verification.

I, A.B-, the petitioner named in the above petition, do declare that what is stated therein is true to the best o f my information and belief.

No. 2.— R e s p o n d e n t ’ s s t a t e m e n t i n a n s w e r t o No. 1.

In the (High) Court ofThe day of , 19

Between A .B ; petitioner,C.B-, respondent, and A c o - r e s p o n d e n t .

C.B., the respondent, by D-E ., her advocate, in answer to the petition of A-B-, says that she denies that she has on divers or any occasions committed adultery w ith X .Y ; as alleged in the th ird paragraph o f the said petition.

Wherefore the respondent prays that this (Hon’ble) Court w ill reject the said petition.

(Signed) C.B.

No. 3 .— C o -r e s p o n d e n t ’ s s t a t e m e n t i n a n s w e r t o No. 1.

I l l the (High) Court ofThe day of

Between A.B., petitioner,C.B., respondent, and X .Y ., co-respondent.

X .Y ; the co-respondent, in answer to the petition filed in this c says that he denies that he committed adultery w ith the said C-B. as al] in the said petition.

Wherefore the said X -Y „ prays that this (Hon’ble) Court w ill 1 the prayer o f the said petitioner and order him to pay the o f and incident to the said petition.

(Signed) X.Y .

Divorce- 93

(See section 18.)

In the (High) Court ofTo the Hon’ble M r. Justice [o r To the Judge of ].

The day of 19 .The petition of A-B-, falsely called A-D.

S h e w e t h ,

1. That on the day of , one thousand nine hundred and 1 your petitioner, then a spinster, eighteen years of age, was married in fact, though not in law, to C-D-, then a bachelor o f about th irty years of age, at [some place in lhe Union of Burma]-

2. That from the said day of , one thousand nine hundred and , until the month of , one thousand nine hundred and , your petitioner lived and cohabited with the said C.D., at divers places, and particularly at aforesaid.

3. That the said C.D. has never consummated the said pretended marriage by carnal copulation.

4. That at the time of the celebration of your petitioner’s said pretended marriage, the said C.D. was, by reason of his impotency or malformation, legally incompetent to enter into the contract of marriage.

5. That there is no collusion or connivance between her and the said C.D. w ith respect to the subject of this suit.

Your petitioner therefore prays that this (Hon’ble) Court w ill declare that the said marriage is null and void-

signed) A . B-

Form of Verifica tion : see No- I ■

No. 4.— P e t i t i o n f o r D e c r e e o f N u l l i t y o f M a r r ia g e .

No. 5 .— P e t it io n b y w i f e f o r J u d i c i a l s e p a r a t io n o n t h e g r o u n d o f h e r

h u s b a n d ’ s a d u l t e r y .

(1See section 22 .)

In the (High) Court ofTo the Hon’ble M r. Justice [o r To the Judge o f ].

The day of 1 19The petition o f C.B., of , the wife o f A.B.

S h e w e t h ,

1 . That on the day o f , one thousand nine hundredand 1 your petitioner, then C.D., was lawfully married toA.B . at the Church o f , in the

94 Divorce.

2. That after her said marriage, your petitioner cohabited w ith the saidA.B. at and at , and that your petitioner and her said husband have issue liv ing o f their said marriage, three children, to wit, etc., etc. 1

3. That on divers occasions in or about the months o f August, September and October, one thousand nine hundred and the said A.B., at

aforesaid, committed adultery w ith E.F., who was then living in the service o f the said A.B., and your petitioner at their said residence

aforesaid.4. That on divers occasions in the months of October, November and

December, one thousand nine hundred and 1 the said A.B., at aforesaid, committed adultery w ith G.H., who was then living in the service of the said A.B., and your petitioner at their said residence aforesaid.

5. That no collusion or connivance exists between your petitioner and the said A.B., w ith respect to the subject of the present suit.

Your petitioner therefore prays that this (Hon’ble) Court w ill decree a judicial separation to your petitioner from her said husband by reason of his aforesaid adultery.

(Signed) C.B.Form of Verification : see No. 1.

No. 6.— St a t e m e n t i n a n s w e r to No. 5,

In the (High) Court ofB. against B.

The day of

The respondent, A B ; by W .Y ; his advocate, says,—1- That he denies that he committed adultery with E.F., as in the third

paragraph o f the petition alleged.2- That the petitioner condoned the said adultery w ith E.F., i f any.3. That he denies that he committed adultery with G.H., as in the

fourth paragraph o f the petition alleged.4- That the petitioner condoned the said adultery with G.H., if any.

Wherefore this respondent prays that this (Hon’ble) Court w ill reject the prayer of the said petition.

(Signed) A-B.

No. 7 .— S t a t e m e n t i n r e p l y t o N o. 6.

In the (High) Court of

B. against B.The day of

1 S late the respective ages of the ch ild ren .

Divorce. 95

The petitioner, C.B ., by her advocate, says,—1 - That she denies that she condoned the said adultery o f the respondent

w ith E.F., as in the second paragraph of the statement in answer alleged.2 . That even i f she had condoned the said adultery, the same has been

revived by the subsequent adultery o f the respondent w ith G.H., as set forth in the fourth paragraph o f the petition,

(Signed) C.B.

No. 8.— P e t i t i o n f o r a J u d i c i a l s e p a r a t io n b y r e a s o n o f c r u e l t y .

(See section 22.)

In the (High) Court ofTo the Hon’ble Mr. Justice [or To the Judge o f ].

The day o f , 19 .The petition of A.B. (wife of C.B.) of

S h e w e t h ,

1. That on the day of , one thousand nine hundred and, your petitioner, then A-D-, spinster, was law fu lly married to C.B-,

at2. That from her said marriage, your petitioner lived and cohabited w ith

her said husband at until the day of , one thousand nine hundred and , when your petitioner separated from her said husband as hereinafter more parlicularly mentioned, and that your petitioner and her said husband have had no issue of their said marriage.

3. That from and shortly after your petitioner’s said marriage, the saidC.B- habitually conducted himself towards jo u r petitioner w ith great harshness and cruelty, frequently abusing her in the coarsest and most insulting language, and beating her w ith his fists, with a cane, or w ith some other weapon.

4. That on an evening in or about the month of one thousand nine hundred and , the said C.B. in the highway and opposite to the house in which your petitioner and the said C.B. were then residing at aforesaid, endeavoured to knock your petitioner down, and was only prevented from so doing by the interference of F.D., your petitioner’s brother-

5. That subsequently on the same evening, the said C.B., in his said house at aforesaid, struck your petitioner w ith his clenched fists a violent blow on her face.

6- That on one Friday night in the month of , one thousandnine hundred and , the said C.B., in , w ithout provocation,threw a knife at your petitioner, thereby inflicting a severe wound on her right hand.

96 Divorce.

ๆ. That on the afternoon of the day o f , one thousandnine hundred and 1 your petitioner, by reason of the great andcontinued cruelty practised towards her by her said husband, w ith assistance withdrew from the house of her said husband to the house o f her father at

, that from and after the said day o f 1 onethousand nine hundred and , your petitioner has lived separate andapart from her said husband, and has never returned to his house or to cohabitation w ith him-

8 . That there is no collusion or connivance between your petitioner and her said husband w ith respect to the subject of the present suit.

Your petitioner, therefore, prays that this (Hon’ble) Court w ill decree a judicia l separation between your petitioner and the said C-B., and also order that the said C-B. do pay the costs of and incident to these proceedings.

(Signed) A.B.

Form of Verification', see No. ไ.

No- 9.— S ta te m e n t in a n s w e r t o N o - 8 .

In the (High) Court ofThe day o f , 19

Between A.B., petitioner, and C.B., respondent.

C-B., the respondent, in answer to the petition filed in this cause, by พ . J., his advocate, says that he denies that he has been guilty of cruelty towards the said A.B., as alleged in the said petition.

(Signed) C.B.

No. 10.— P e t i t i o n f o r r e v e r s a l o f d e c r e e o f s e p a r a t io n .

(See section 24.)

In the (High) Court ofTo the Hon’ble Mr- Justice [or To the Judge o f ],

The day of , 19The petition of A.B-, of

Sh e w e t h ,

1 . That your petitioner was on the day of , law fu lly married to

2. That on the day of 1 this (Hon’ble) Court, at the petition of . pronounced a decree affecting the petitioner to the effect following, to w it.—

(Here set out the decree.)

3. That such decree was obtained in the absence o f your petitioner, who was then residing at

[State facts tending to show that the petitioner did not know o f the proceedings', and, further, that had he known he might have offered a sufficient defence,]

orThat there was reasonable ground for your petitioner leaving his said

wife fo r that his said wife[Here state any legal grounds justifying the petitioner's separation from

his wife.]Your petitioner, therefore, prays that this (Hon’ble) Court w ill reverse

the said decree-(Signed) A-B-

Form of Verifica tion: see No- !•

Divorce. 97

No- 11 .— P e t it io n f o r P r o t e c t io n -o r d e r .

(See section 27.)

In the (High) Court ofTo the Hon’ble M r- Justice [or To the Judge of ].

The day of ,1 9The petition of C,B., o f . the wife o f A.B.

S h e w e t h ,

That on the day of she was law fu lly married to A.B .at

That she lived and cohabited w ith the said A.B. for years at , and also at , and had had children,issue of her said marriage, o f whom are now liv ing w ith the applicantand wholly dependent upon her earnings.

That on or about 1 the said A,B., without any reasonable cause,deserted the applicant, and has ever since remained separate and apart from her.

That since the desertion of her said husband, the applicant has maintained herself by her own industry [or in her own property, as the case may be] and has thereby and otherwise acquired certain property consisting o f [here state generally the nature of the property.]

Wherefore she prays an order fo r the protection o f her earnings and property acquired since the said day o ffrom the said A .B ; and from all creditors and persons claim ing under him.

(Signed) c h .

98 Divorce.

No. 12.—P e t it io n f o r a l im o n y p e n d in g t h e S 'J'IT.

(See section 36.)

In the (High) Court of

B. against B.

To the Hon’ble M r. Justice [or To the Judge o f ].The day o f , 19 .

The petition of C .B ; the law fu l w ife o f A.B.

S h e w e t h ,

1. That the said A.B. has fo r some years carried on the business o f, at 1 and from such business derives the net annual

income of from Rs. 4,000 to 5,000.2. That the said A.B. is possessed of plate, furniture, linen and other

effects at his said house aforesaid, a ll o f which he acquired in right of your petitioner as his wife, or purchased w ith money he acquired through her of the value of Rs. 10,000-

3. That the said A.B- is entitled, under the w ill of his father, subject to the life-interest of his mother therein, to property of the value o f Rs. 5,000 or some other considerable amount 1 .

Your petitioner, therefore, prays that this (Hon’ble) Court w ill decree such sum or sums o f money by way of alimony, pending the suit, as to this (Hon’ble) Court may seem meet.

(Signed) C.B.

Form o f Verification : see No. ไ.

No. 13.— St a t e m e n t i n a n s w e r to No. 12.

In the (High) Court of

B. against B.

A.B., of , the above-named respondent, in answer to the petition fo r alimony, pending the suit of C .B ; says—

1. In answer to the first paragraph o f the said petition, I say that I have for the last three years carried on the business of , atand that, from such business, I have derived a nett annual income o f Rs- 900, but less than Rs- 1,000.

*T h e pe titioner should state her husband’s income as accurate ly as possible.

Divorce, 99

2. In answer to the second paragraph o f the said petition, I say that I am possessed o f plate, furniture, linen and other chattels and effects at my said house aforesaid, o f the value of Rs. 7,000, but as I verily believe of no larger value. And I say that a portion of the said plate, furn iture and other chattels and effects, o f the value of Rs. 1,500, belonged to my said wife before our marriage, but the remaining portions thereof I have since purchased w ith my own moneys. And I say that, save as hereinbefore set fo rth , 1 am not possessed o f the plate and other effects as alleged in the said paragraph in the said petition, and that I did not acquire the same as in the said petition also mentioned.

3. I admit that I am entitled under the w ill of my father, subject to the life-interest o f my mother therein, to property o f the value of Rs. 5,000, that is to say, I shall be entitled under my said father’s w ill, upon the death of my mother, to a legacy of Rs. 7,000, out of which I shall have to pay to my father’s executors the sum of Rs. 2,000, the amount of a debt owing by me to his estate, and upon which debt I am now paying interest at the rate of five per cent, per annum-

4. And, in further answer to the said petition, I say that 1 have no income whatever except that derived from my aforesaid business, that such income, since my said wife le ft me, which she d id on the day of last, has been considerably diminished, and that such dim inution is likely to continue. And I say that out of my said income, I have to pay the annual sum of Rs. 100 for such interest as aforesaid to my late father’s executors, and also to support myself and my two eldest children.

5- And, in further answer to the said petition, I say that, when my w ife left my dwelling-house on the day of last, she took withher, and has ever since withheld and s till withholds from me, plate, watches and other effects in the second paragraph of this my answer mentioned, of the value of, as I verily believe, Rs. 800 at the least ; and I also say that, w ithin five days o f her departure from my house as aforesaid, my said wife received b ills due to me from certain lodgers of mine, amounting in the aggregate to Rs. , and that she has ever since withheld and s till withholdsfrom me the same sum-

(Signed) A.B.

No- 14.— U n d e r t a k in g b y m in o r ’s n e x t f r ie n d t o b e a n s w e r a b l e FOR r e s p o n d e n t ’ s c o s t s .

cSee section 49.)

In the (High) Court of

I, the undersigned, A.B., of , being the next friend o f C- D., who isa m inor, and who is desirous of filing a petition in this Court, under the Burma Divorce Act, against D.D. o f , hereby underake to be responsible fo rthe costs of the said D.D. in such suit, and that, i f the said C.D. fa il to pay

100 Divorce,

to the said D. D. when and in such manner as the Court shall order a ll suc\v costs o f such suit as the Court shall d irect him (or her) to pay to the said D.D ., I w ill fo rthw ith pay the same to the proper officer o f this Court.

Dated this day of , 19 .

(Signed) A.B-

THE NATIVE CONVERTS’ MARRIAGE DISSOLUTION ACT.

CONTENTS.

Sections.1 __2, * * * * *

3. Interpretation clause.4. When convert deserted by his wife may sue fo r conjugal society.5. When convert deserted by her husband may sue.6. Court in which suit shall be brought.7. Suit to be commenced by verified petition.8. On service of petition, citation to respondent.9. Form o f citation.

10. Service o f citation.11. Penalty on respondent not obeying citation.12. Points to be proved on appearance o f petitioner.13. F irs t interrogation o f respondent.14. Interrogations by Judge may be public or private.15. Procedure when female respondent refuses to cohabit w ith petitioner.

Adjournment fo r a year.Interview.

16. Procedure on expiration of adjournment- Interrogation o f respondent.Decree.

17. Decree in case o f male respondent refusing to cohabit on grounds o fpetitioner’s change of religion.

Proviso.18. Decree i f respondent so refuse in case o f unconsummated marriage,

either party being impubes at time o f marriage.19. L iberty to parties to marry again.20. Judge to order commission to issue fo r examination of exempted

persons.

Native Converts’ Marriage Dissolution. 101

Sections-21. Proof o f marriage and desertion or repudiation of petitioner in

consequence o f conversion.22. Code of C iv il Procedure applied.23. Dismissal o f suit i f either party under age required by Act, or i f parties

cohabiting, or respondent w illing to cohabit-24. Revival o f suit after such dismissal.25. Petitioner’s cruelty or adultery to bar suit.26. Male petitioner’s cohabitation w ith one of several wives to bar suit.27. Dissolution o f marriage not to affect status or right of children.28. Power to Court to award alimony.29- No appeal under A ct ะ but Judge rnay state case raising question

whether conversion has dissolved marriage.30. Case to state necessary facts and documents, and suit to be stayed.31 * * * *32. High Court may refer case to Judge for additions or alterations.33. High Court may decide question raised, and Judge shall dispose of

case accordingly.34. Saving of Roman Catholic marriages.

TH E FIRST SCHEDULE.— F o r m o f P l t i t i o n .

TH E SECOND SCHEDULE.— F o r m o f c it a t io n in o r d in a r y c a s e s .

TH E T H IR D SCHEDULE.— F o r m o f c it a t io n i n c a s e o f r e s p o n d e n t

EXEMPT FROM a p p e a r a n c e in C o u r t .

TH E N A T IV E CONVERTS’ M A R R IA G E DISSOLUTION ACT.

[ I n d i a A c t X X I, 1866.] (2nd A p r i l , 1866.)

Whereas it is expedient to legalize, under certain circumstances, the dissolution of marriages of native converts to Christianity deserted or repudia­ted on religious grounds by their wives or husbands ; I t is enacted as fo llo w s :—

I __2 , * * * * *

3. In this A c t__

“ native husband ” shall mean a married man domiciled in the Union of Burma, who shall have completed the age of eighteen years, and shall not be a Christian, a Muhammadan nor a Jew ;

“ native w ife ’’ shall mean a married woman domiciled in the Union o f Burma, who shall have completed the age o f fourteen years, and shall not be a Christian, a Muhammadan nor a Jewess;

Preamble

In te rp re ta ­tio n clause.

“ na tive husband. ”

“ native w ife . ”

102 Native Converts’ Marriage Dissolution.

“ na tive la w .”

W hen convert deserted by h is w ife m ay »i:e for conjugal society.

W hen convert deserted by her husband may sue.C ourt in w h ich suit sha ll be b rought.

S u it to be commenced by verified petition.

On service o f pe tition , c ita tion to respondent.

Fo rm of c ita tion .

Ssrvice of c ita tio n .

Penalty on respondent not obeying c ita tion .

“ native law ” shall mean any law, or custom having the force o f law, o f any persons domiciled in the Union of Burma, other than Christians, Muhammadans and Jews.

4. I f a native husband change his religion fo r Christianity, and i f in consequence of such change his native wife, fo r the space o f six continuous months, desert or repudiate him, he may sue her fo r conjugal society.

ร. I f a native wife change her religion fo r Christianity, and if in con­sequence o f such change her native husband, for the space of six continuous months, desert or repudiate her, she may sue him fo r conjugal society.

6 . I f the respondent, at the time of commencement of such suit, reside w ithin the local lim its of the ordinary original civ il jurisdiction of the High Court, the suit shall be commenced in such C ourt; otherwise it shall be com­menced in the principal c iv il Court of original jurisdiction of the district in which the defendant shall reside at the commencement of the suit.

7. The suit shall be commenced by a petition in the form in the First Schedule to this Act, or as near thereto as the circumstances of the case w ill allow.

The statements made in the petition shall be verified by the petitioner in the manner required by law fo r the verification o f plaints ; and the petition may be amended by permission of the Court.

8. A copy o f the petition shall be served upon the respondent, and the Court shall thereupon issue a citation under the seal of the Court and signed by the Judge.

9. In ordinary cases the citation shall be in the form in the Second Schedule to this Act, or as near thereto as the circumstances o f the case w ill allow.

But where the repondent is exempt by law from personal appearance in Court, or where the Judge shall so direct, the citation shall be in the form in the Third Schedule to this Act, or as near thereto as the circumstances of the case w ill allow.

10. A copy o f the citation sealed w ith the seal of the Court shall be served on the respondent ; and the provisions of the Code of C iv il Procedure as to the service and endorsement of summonses shall apply, mutatis mutandis, to citations under this Act.

11. I f the respondent shall not obey such citation and comply with every other requirement made upon her or him under the provisions o f this Act, she or he shall be liable to punishment under section 174 of the Penal Code.

Native Converts' Marriage Dissolution. 103

12. On the day fixed in the citation the petitioner shall appear in Court, and the fo llow ing points shall be proved—

( 1 ) the identity of the parties ;(2 ) the marriage between the petitioner and the respondent ;(3) that the male party to the suit has completed the age of eighteen

years, and that the female party to the suit has completedthe age of fourteen years ;

(4) the desertion or repudiation of the petitioner by the respondent ;(5) that such desertion or repudiation was in consequence o f the

petitioner’s change of religion ; and(6) that such desertion or repudiation had continued fo r the six

months immediately before the commencement o f the suit.

13. The respondent, i f such points be proved to the satisfaction o f the Judge, shall thereupon be asked whether she or he refuses to cohabit w ith the petitioner, and, i f so, what is the ground of such refusal.

In ordinary cases such interrogation and every other interrogation prescribed by this Act shall be made by the Judge, but when the respondent is exempt by law from personal appearance in Court, or when the Judge shall in his discretion excuse the respondent from such appearance, the interrogations shall be made by commissioners acting under such commission as hereinafter mentioned.

14- Every interrogation mentioned in this Act and made by the Judge may, at the discretion o f the Judge, take place in open Court or in his private room.

I f any such interrogation take place in open Court, the Judge may, so long as it shall continue, exclude from the Court a ll such persons as he shall th ink fit to exclude.

15. I f the respondent be a female and in answer to the interrogatories o f the Judge or commissioners, as the case may be, shall refuse to cohabit w ith the petitioner, the Judge, i f upon consideration of the respondent’s answers and o f the facts which may have been proved by the petitioner he shall be of opinion that the ground for such refusal is the petitioner’s change of religion, shall make an order adjourning the case fo r a year, and directing that in the interim the parties shall, at such place and time as he shall deem convenient, have an interview of such length as the Judge shall direct, and in the presence o f such person or persons (who may be a female or females) as the Jadge shall select, w ith the view of ascertaining whether or not the respondent freely and voluntarily persists in such refusal.

16. A t the expiration of such adjournment the petitioner shall again appear in Court and shall prove that the said desertion or repudiation had continued up to the time last hereinbefore referred to, and i f the points mentioned in section 1 2 and this section of this Act shall be proved to the

Points to be proved on appearance o f pe titioner,

F irs t in te rro ­gation o f respondent.

In te rro g a ­tion s by Judge m ay be pub lic or p riva te .

Procedure when fem ale respondent refuses to cohabit w ith p e titio n e r.

Adjournm ent fo r a yea r.

In te rv iew .

Procedure on exp ira tion of ad journm ent.

104 Native Converts' Marriage Dissolution.

Interrogation o f respon­dent.

Decree.

Decree in case of male respondent re fusing to cohabit on grounds of pe titioner ร change of re lig ion .

Proviso.

Decree i f respondent so refuse in case of unconsum- muted mar­riage, e ith e r party being ini Pubes at lim e of marriage.

L ibe rty to parties to. marr> again.

Judge to order com ­mission to issue fo r exam ination of exempted persons.

satisfaction of the Judge, and i f the respondent on being interrogated by the Judge or commissioners, as the case may be, again refuse to cohabit w ith the petitioner, the respondent shall be taken to have finally deserted or repudiated the petitioner ; and the Judge shall, by a decree under his hand and sealed with the seal of his Court, declare that the marriage between the parties is dissolved.

17. I f the respondent be a male and in answer to the interrogatories o f the Judge or commissioners, as the case may be, shall refuse to cohabit w ith the petitioner, the Judge, i f upon consideration of the respondent’s answers and o f the facts which may have been proved by the petitioner he shall be of opinion that the ground fo r such refusal is the petitioner’s change of religion, shall adjourn the case fo r a year. A t the expiration of such adjourn­ment, the petitioner shall again appear in Court ; and i f the respondent on being interrogated by the Judge or commissioners, as the case may be, again refuse to cohabit w ith the petitioner, the Judge shall thereupon pass such a decree as last aforesaid ะ

Provided that, i f the petitioner shall so desire (but not otherwise), the proceedings in the suit shall, mutatis mutandis, be the same as in the case o f a female respondent.

18. Notwithstanding anything hereinbefore contained, i f it shall appear at any stage of the suit that both or either o f the parties had not attained puberty at the date o f their marriage, and that such'marriage has not been consummated, and if, in answer to the interrogatories made pursuant to section 13 of this Act, the respondent shall refuse to cohabit w ith the petitioner, and allege, as the ground fo r such refusal, that the petitioner has changed his or her religion, the Judge shall thereupon pass such a decree as last aforesaid.

19. When any decree dissolving a marriage shall have been passed under the provisions of this Act, it shall be as lawful fo r the respective parties thereto to marry again as i f the prior marriage had been dissolved by death, and the issue o f any such re-marriage shall be legitimate, any native law to the contrary notwithstanding ะ

Provided always that no minister of religion shall be compelled to solemnize the marriage o f any person whose former marriage may have been dissolved under this Act, or shall be liable to any suit or penalty fo r refusing to solemnize the marriage of any such person.

20. In suits instituted under this Act, the Judge shall order a commission to issue to such persons, whether males or females, or both, as he shall th ink fit, for the examination on interrogatories or otherwise o f any persons so exempt as aforesaid.

The provisions of the Code o f C iv il Procedure shall, so far as prac­ticable, apply to commissions issued under this section.

Native Converts’ Marriage Dissolution. 105

21. A t any stage of a suit instituted under this Act. cohabitation as P roo f o f

man and wife shall be sufficient presumptive evidence o f the marriage o f the ^"eYeition o r* parties, and proof of the respondent’s refusal or voluntary neglect to cohabit repudiaUon' w ith the petitioner, after his or her change of religion and after knowledge petitioner thereof by the respondent, shall be sufficient evidence of the respondent’s sequence of desertion or repudiation of the petitioner, and shall also be sufficient evidence conversion,

that such desertion or repudiation was in consequence o f the petitioner’schange of religion, unless some other sufficient cause fo r such desertion or repudiation be proved by the respondent.

22. The provisions of the Code of C iv il Procedure as to the summoning Code of'Civi’ and examination of witnesses shall apply in suits instituted under this Act. applied!"^

23. I f at any stage of the suit it be proved that the male party to the Dism issal o f

suit is or was at the institution thereof under the age o f eighteen years, or that paiU* 11ท '^ r the female party to the suit is or was at the same time under the age o f fourteen age required

years, or that the petitioner and the respondent are cohabiting as man and wife, p^rfje5 °o-if or the Court is satisfied by the evidence adduced that the respondent is ready hab ittngT or and w illing so to cohabit w ith the petitioner, the Court shall pass a decree g to* dismissing the suit and stating the ground of such dismissal. cohabH. 0

24. If, at any time w ithin twelve months after a decree dismissing the Revival of suit upon any o f the grounds mentioned in the last preceding section, the ^ i!hafter respondent again desert or repudiate the petitioner upon the ground of his dismissal, or her change of religion, the suit may be revived by summoning the respondent;and, upon proof o f the former decree and of such renewed repudiation or desertion, the suit shall re-commence at the stage at which it had arrived immediately before the passing of such decree ; and, after the proofs, interroga­tions, interview and adjournment which may then be requisite under the provisions hereinbefore contained, the Judge shall pass a decree of the nature mentioned in section 16 of this Act.

25. I f at any stage of the suit it be proved that the respondent has Petitioner's

deserted or repudiated the petitioner solely or partly in consequence o f the aduiteryTo petitioner’s cruelty or adultery, the Court shall pass a decree dismissing bar 3 11 the suit and stating the ground of such dismissal.

A suit dismissed under this section shall not be revived.

26. I f the petitioner, being a male, has at the time o f the institution o f the Mala peti-suit two or more wives, he shall make them a ll respondents ; and if at any stage f

ไ . . โ . ไ . * น . โ , โ โ โ " น ' , .โ. . , r 1 . 6 cohabitationof the suit it be proved that he is cohabiting w ith one o f such wives as man and with one ofwife, or that any one of such wives is ready and w illing so to cohabit w ith to bar suit''**him, the Court shall pass a decree dismissing the suit and stating the ground 0 ar SU1of such dismissal.

The provisions as to revival contained in section 24 of this Act shall apply, mutatis mutandis, to a suit dismissed under this section.

106 Native Converts' Marriage Dissolution.

Dissolution o t m arriage not to affect status or righ t of children.

Pow er to C ouit to aw ard alim ony.

No appeal under Act ;§ cquestion w hether conversion has dissolved m arriage.

Case to state necessary facts and docum ents, and suit to be stayed.

High Court m ay refer case to Judge fo r additions or a lte r­ations.

High Court may decide question raised, and Judge shall dispose of

27. A dissolution of marriage under the provisions of this Act shall not operate to deprive the respondent’s children (if any) by the petitioner of their status as legitimate children or of any right or interest which they would have had, according to the native law applicable lo them, by way of maintenance, inheritance or otherwise, in case the marriage had not been so dissolved as aforesaid.

28. If a suit be commenced under the provisions of this Act, and it appear to the Court that the wife has not sufficient separate property to enable her to maintain herself suitably to her station in life and to prosecute or defend the suit, the Court may, pending the suit, order the husband to furnish the wife with sufficient funds to enable her to prosecute or defend the suit and also for her maintenance pending the suit.

If the suit be brought by a husband against a wife, the Court may by the decree order the husband to make such allowance to his wife for her maintenance during the rem ainder of her life as the Court shall think just, and having regard to the condition and station in life of the parties.

Any allowance so ordered shall cease from the time of any subsequent marriage of the wife.

29. No appeal shall lie against any order or decree made or passed by any Court in any suit instituted under this Act ; but if, at any stage of the suit, the respondent shall allege by way of defence that the marriage between the parties has been dissolved by the conversion of the petitioner, and that consequently the petitioner is not a native husband or a native wife (as the case may be) within the meaning of this Act, the Judge, if he shall entertain any doubt as to the validity of such defence, shall, either of his own motion or on the application of the respondent, state the case and subm it it with his own opinion thereon for the decision of the High Court.

30. Every such case shall concisely set forth such facts and documents as may be necessary to enable the High Court to decide the questions raised thereby, and the suit shall be stayed until the judgment of such C ourt shall have been received as hereinafter provided.

31 * * * *

32. If the High Court shall not be satisfied that the statements contained in (he case are sufficient lo enable it to determine the questions raised thereby, the High Court may refer the case back to the Judge by whom it was stated, to make such additions thereto or alterations therein as the High Court may direct in that behalf.

33. It shall be lawful for the High Court, upon the hearing of any such case, to decide the questions raised thereby, and to deliver its judgment thereon containing the grounds on which such decision is founded ะ and it shall send to the Judge by whom the case was stated a copy of such judgment

Native Converts' Marriage Dissolution. 107under the seal of the C ourt and the signature of the Registrar, and the Judge shall, on receiving the same, dispose of the case conformably to such judgm ent.

34. Nothing contained in this Act shall be taken to render invalid any m arriage of a native convert to Roman Catholicism if celebrated in accordance with the rules, rites, ceremonies and customs of the Roman Catholic Church.

TH E FIR ST SCHEDULE.

(See section 7.)

F o r m o f P e t it io n .

To the Judge of the Civil Court ofThe day of 19

The petition of A .B . of Sheweth ะ—

1. T hat your petitioner was born on or about the day of 192. That your petitioner was on the day of in

the year 19 lawfully married to C.D< at3. T hat the said C .D . is now of the age of years or thereabouts,4. T hat after his said marriage, your petitioner lived and cohabited with

his said wife at aforesaid until the day of 195. T hat previous to the day of 19 your

petitioner changed his religion for Christianity, and that on such day he was baptised and became a member of the Church of

6. T hat on the day of 19 [at least six months p rio r to the date o f the pe tition ], the said C .D . deserted your petitioner, and has not since resumed cohabitation with him.

7- That such desertion was in consequence of your petitioner’s said change of religion.

8. That there is no collusion nor connivance between your petitioner and the said C.D.

Your petitioner therefore prays that Your Honour will order the said C.D. to live and cohabit with your petitioner, or declare that your petitioner’s marriage is dissolved.

(Signed) A.B.

Form o f verification.

. I , A .B ; the petitioner named in the above petition, do declare that what is stated therein is true to the best of my information and belief.

case accord­ingly-

Saving of Roman Catholic marriages.

108 Native Converts' Marriage Dissolution.

TH E SECOND SCHEDULE.(See section 9.)

F o r m . OF C it a t io n in o r d in a r y C a s e s .

To C .D . ofW hereas A .B . of , claiming to have been lawfully married to

you. the said C .D . , has filed his [o r her] petition against you in the Civil C ourt of , alleging that you, the said C.D ., have deserted him[o r her] for six months in consequence of his [o r her] having changed his [o r her] religion for C hristianity and praying that, unless you consent to live and cohabit with him [o r her], it may be declared that his [o r her] marriage is dissolved ะ Now this is to command you that, at the expiration of days [at least one m onth] from the date of the service of this on you, you do appear in the said Court then and there to make answer to the said petition, a copy whereof, sealed with the seal of the said Court, is herewith served upon you-

And take notice that in default of your so appearing, you will be liable to punishm ent under section 174 of the Penal Code.

Dated the day of 19 ,(S i gned) E F.

J u dg e o f t he Civi l Court of

(Indorsem ent to be made after service.)

This citation was duly served by G .H. on the within-named C .D . of a t on the day of 19 ,

(S ig n ed ) G.H.

TH E TH IR D SCHEDULE.(See section 9.)

F o r m o f C it a t io n in C a s e o f R e s p o n d e n t e x e m p t f r o m A p p e a r a n c ein C o u r t .

To C .D . ofW hereas A .B . of 1 claiming to have been lawfully married

to you, the said C.D ., has filed his [o r her] petition against you in the Civil C ourt of , alleging that you. the said C .D . have deserted him[o r her] for six m onths in consequence of his [o r her] having changed his [o r her] religion for Christianity, and praying that, unless you consent to

Native Converts' Marriage Dissolution. 109cohabit with him [o r her], it may be declared that his [o r her] marriage is dissolved ะ Now this is to command you that, a t the expiration of days [a t least one m onth] from the service of this on you, you do hold yourself in readiness to answer and do answer such interrogatories as may be put to you by commissioners duly authorized in that behalf under a commission issued by this Court in reference to the said petition, a copy whereof, sealed with the seal of the said Court, is herewith served upon you.

And take notice that, in default of your so holding yourself in readiness and answering such interrogatories, you will be liable to punishment under section 174 of the Penal Code.

Dated the day of 19 .(Signed) E. F.

J u d ^ e o f t he Civ i l Court o f

(Indorsement พ be made a fte r service1)

This citation was duly served by G.H. on the within-named C .D . of at on the day of 19 ,

(Signed) G.H,

F.—GENERAL.O il i i o a e | S s | 5 s ^ S e p i (

THE SPECIAL MARRIAGE ACT.

CONTENTS,

Sections.

1. * * * * *2. Conditions upon which marriages under Act may be celebrated.3. A ppointm ent of Registrars.4. One of the parties to intended marriage to give notice to Registrar.5. Notice to be filed and copy entered in the M arriage Notice Book-6. Objection to marriage.7 . Procedure on receipt of objection.

Objector may file suit.8. Certificate of filing of suit to be lodged with Registrar.9 . C ourt may fine when objection not reasonable.