TNA Act 4Chapter II · Marriage and Its Dissolution

Section 4 · Marriages valid under the Act

(1)

Save as provided in section 5, the conjugal union of an Aliyasantana female with-

(i)

a male belonging to same community as such female, or

(ii)

a male not belonging to such community and whether governed by the Aliyasantana Law or not, but being a Hindu or Jain,

shall be deemed for all purposes to be a legal marriage, if -

(a)

the parties to the union are not related to each other in such degree of consanguinity or affinity that conjugal union between them is prohibited by any custom or usage of the community to which they belong; and

(b)

the union-

(i)was before the date on which this Act comes into force openly solemnized in accordance with the customary ceremonies prevailing in the community to which the parties belong or recognised by the community as a valid marriage; or

(ii)is openly solemnized on or after the date aforesaid and, where either or both the parties are minors, with the consent of the guardian or guardians of such minor or minors; or

(iii)was registered as a marriage under the Malabar Marriage Act, 1896 (Madras Act IV of 1896), before the date aforesaid.

(2)

A conjugal union between minors or between a minor and a major which would otherwise be a valid marriage under sub-section (1) shall not be deemed to be invalid merely on the ground that the consent of the guardians or guardian of such minors or minor was not obtained to the union.

(3)

Notice of every marriage contracted on or after the date on which this Act comes into force shall be given by such person, to such authority, in such form, and within such time, as may be prescribed. Failure to give such notice shall be punishable with fine which may extend to fifty rupees, but such failure shall not invalidate the marriage or affect the legal rights of the parties to, or the issue of, such marriage.

The offence at a glance

Fine: ₹50
Cognizable: Non-cognizable
Bailable: Bailable
Compoundable: Not compoundable
Triable by: Any Magistrate

Non-cognizable — Police cannot investigate without a Magistrate's order
Bailable — Bail is your right — it can be granted at the police station

Derived from the First Schedule Part II rule — not listed section by section

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