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BUDHIST'S POLYANDROUS MARRIAGES PROHIBITION ACT, SVT. 1998 (1941 A.D.)
BUDHIST'S POLYANDROUS MARRIAGES PROHIBITION ACT, SVT. 1998 (1941 A.D.)
[Act No. 02 of 1998]
[23rd Sawan, 1998]
PREAMBLE
An Act to abolish polyandrous marriages among Budhists.
Whereas the Budhist community has represented the necessity of prohibiting and penalising the solemnisation of polyandrous marriages among Budhists and to declare such marriages as invalid; and whereas it is expedient to provide for prohibiting and penalising such marriages and to declare them invalid; it is hereby enacted as follows :-
Section 1 - Short title extent and application
(1) This Act maybe cited as the 'Budhists' Polyandrous Marriages Prohibition Act, 1998.
(2) It extends to the whole of the Jammu and Kashmir State arid applies to all Budhists subjects of His Highness the Maharaja Bahadur in or outside the State.
Section 1 - Short title extent and application
(1) This Act maybe cited as the 'Budhists' Polyandrous Marriages Prohibition Act, 1998.
(2) It extends to the whole of the Jammu and Kashmir State arid applies to all Budhists subjects of His Highness the Maharaja Bahadur in or outside the State.
Section 2 - Definitions
In this Act, unless there is anything repugnant in the subject or context :-
(a) "Budhist" means a person who professes the Budhist faith or religion;
(b) "polyandrous marriage" means a marriage in which all the brothers in a family jointly marry a single wife;
(c) "Phursak" means a husband chosen as such by a woman who is already married with the concurrence of her formerly wedded husband or husbands;
(d) "contracting party to a marriage" means either of the parties whose marriage is or is about to be solemnised; and
(e) "minor" means a person of either sex who is under eighteen years of age.
Section 2 - Definitions
In this Act, unless there is anything repugnant in the subject or context :-
(a) "Budhist" means a person who professes the Budhist faith or religion;
(b) "polyandrous marriage" means a marriage in which all the brothers in a family jointly marry a single wife;
(c) "Phursak" means a husband chosen as such by a woman who is already married with the concurrence of her formerly wedded husband or husbands;
(d) "contracting party to a marriage" means either of the parties whose marriage is or is about to be solemnised; and
(e) "minor" means a person of either sex who is under eighteen years of age.
Section 3 - Punishment for contracting a polyandrous marriage or keeping a phursak
Any Budhist, of or above the age of eighteen years, who after the commencement of this Act, contracts a polyandrous marriage or keeps or abets the keeping of a phursak shall be punishable with imprisonment of either description for a term which may extend to three years, or with fine which may extend to five hundred rupees, or with both.
Section 3 - Punishment for contracting a polyandrous marriage or keeping a phursak
Any Budhist, of or above the age of eighteen years, who after the commencement of this Act, contracts a polyandrous marriage or keeps or abets the keeping of a phursak shall be punishable with imprisonment of either description for a term which may extend to three years, or with fine which may extend to five hundred rupees, or with both.
Section 4 - Punishment for performing, conducting or directing a polyandrous marriage
Whoever performs, conducts or directs any polyandrous marriage shall be punishable with imprisonment of either description for a term which may extend to two hundred rupees, or with both.
Section 4 - Punishment for performing, conducting or directing a polyandrous marriage
Whoever performs, conducts or directs any polyandrous marriage shall be punishable with imprisonment of either description for a term which may extend to two hundred rupees, or with both.
Section 5 - Punishment for parent or guardian concerned in a polyandrous marriage
(1) Where a minor contracts a polyandrous marriage, any person having charge of such minor whether as parent or guardian or in any other capacity, who does any act to promote the marriage or permits it to be solemnised, shall be punishable with imprisonment of either description for a term which may extend to three years, or with fine which may extend to five hundred rupees, or with both.
(2) For the purpose of this section, it shall be presumed, unless and untill the contrary is proved, that where a minor has contracted a polyandrous marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnised.
Section 5 - Punishment for parent or guardian concerned in a polyandrous marriage
(1) Where a minor contracts a polyandrous marriage, any person having charge of such minor whether as parent or guardian or in any other capacity, who does any act to promote the marriage or permits it to be solemnised, shall be punishable with imprisonment of either description for a term which may extend to three years, or with fine which may extend to five hundred rupees, or with both.
(2) For the purpose of this section, it shall be presumed, unless and untill the contrary is proved, that where a minor has contracted a polyandrous marriage, the person having charge of such minor has negligently failed to prevent the marriage from being solemnised.
Section 6 - Exemption of woman from imprisonment
Notwithstanding anything contained in section 3, 4 and 5, no woman shall be punishable with imprisonment.
Section 6 - Exemption of woman from imprisonment
Notwithstanding anything contained in section 3, 4 and 5, no woman shall be punishable with imprisonment.
Section 7 - Invalidity of polyandrous marriage
Any polyandrous marriage contracted or solemnised after the enforcement of this Act shall be void.
Section 7 - Invalidity of polyandrous marriage
Any polyandrous marriage contracted or solemnised after the enforcement of this Act shall be void.
Section 8 - Procedure
Notwithstanding anything contained in the Code of Criminal Procedure, all offences under the Act shall be cognizable and bailable and shall be triable by any Criminal Court not below that of a [Substituted by Act No. XI of 1966 for "a Magistrate".] [Judicial Magistrate] of the first class.
Section 8 - Procedure
Notwithstanding anything contained in the Code of Criminal Procedure, all offences under the Act shall be cognizable and bailable and shall be triable by any Criminal Court not below that of a [Substituted by Act No. XI of 1966 for "a Magistrate".] [Judicial Magistrate] of the first class.
