Page:Marriage Act 1961 from statute book.djvu/7

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Act No. 25 of 1961.

Period of validity of banns, notice of intention to marry and special marriage licence.

21. (1) Unless a marriage is solemnized in pursuance of banns of marriage or notice of intention to marry published, or a special marriage licence issued under the provisions of this Act or a prior law within three months of the last day of publication of such banns or notice or the date of issue of such licence, such banns or notice or licence, as the case may be, shall lapse and no marriage shall be solemnized in pursuance thereof.

(2) No person shall be entitled to a refund of any fee paid in respect of a certificate or licence which has lapsed by virtue of the provisions of sub-section (1).

Irregularities in publication of banns or notice of intention to marry or in the issue of special marriage licence.

22. If in the case of any marriage solemnized before or after the commencement of this Act the provisions of this Act or, as the case may be, any prior law relating to the publication of banns or notice of intention to marry or to the issue of special marriage licences, or the applicable provisions of any law of a country outside the Union relating to the publication of banns, have not been strictly complied with owing to―

(a)

an error committed in good faith by either of the parties to such marriage in interpreting those provisions; or

(b)

any error, omission or oversight of any person who made any such publication or issued a special marriage licence,

but such marriage has in every other respect been solemnized in accordance with the provisions of this Act or, as the case may be, a prior law, that marriage shall, provided there was no other lawful impediment thereto, be as valid and binding as it would have been if the said provisions had been strictly complied with.

Objections to marriage.

23. (1) Any person desiring to raise any objection to any proposed marriage shall lodge such objection in writing with―

(a)

the person who makes publication of the banns of such marriage or the notice of intention to marry in question; or

(b)

the person who issues a special marriage licence in respect of such proposed marriage; or

(c)

the marriage officer who is to solemnize such marriage.

(2) If any person who makes such publication or issues such licence receives any such objection, such objection shall be stated by him in any relevant certificate or licence issued by him in terms of section fifteen, eighteen or nineteen.

(3) If any such objection is brought to the notice of the marriage officer who is to solemnize such marriage he shall inquire into the grounds of the objection and if he is satisfied that there is no lawful impediment to the proposed marriage, he may solemnize the marriage in accordance with the provisions of this Act.

(4) If he is not so satisfied he shall refuse to solemnize the marriage.

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