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In forceAmended2020 Revised Edition
Contents

Part 3 · Solemnisation of Marriages

20. Proceedings if caveat entered

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Amended

Last amended by an amending law of 2022. 2 amendments in all.

(1)

If a caveat is entered in accordance with section 19, the Registrar must not issue a marriage licence for the marriage against which the caveat has been entered unless —

(a)

after examining into the matter of the said objection, the Registrar is satisfied that it ought not to obstruct the issue of the marriage licence for the marriage; or

(b)

the caveat is withdrawn by the person who entered it.

(2)

In cases of doubt, it is lawful for the Registrar to refer the matter of any caveat mentioned in subsection (1) to the court which shall decide upon the same.

(3)

Where the Registrar has refused to issue the marriage licence, the person applying for the same has a right of appeal to the court which is to thereupon either confirm the refusal or direct the issue of the marriage licence.

(4)

The court may examine the allegations contained in the caveat in a summary way and may hear evidence in support of and in opposition to the objection.

(5)

The proceedings under this section are to be before a judge in chambers.

(6)

There shall be no appeal from a decision of a judge under this section.

(7)

If the Registrar or the court declares the grounds of objection to be frivolous and such as ought not to obstruct the issue of the marriage licence, the person entering the caveat shall be liable for the costs of all proceedings relating thereto and for damages to be recovered by suit by the party against whose marriage the caveat was entered.

Report

Part 4

Registration

Part 5

Offences Relating to Solemnisation and Registration of Marriages

Part 6

Rights and Duties of Husband and Wife

Part 7

Protection Against Family Violence

Part 8

Maintenance of Wife, Incapacitated Husband and Children

Part 9

Enforcement of Maintenance Orders

Part 9A

Additional Provisions Relating to Part 7, 8 or 9

Part 10

Part 10A

Amicable Settlement of Disputes

Part 10B

Court’S Power to Set Aside and Prevent Dispositions Intended to Defeat Maintenance Claims or Other Orders in Matrimonial Proceedings

Part 10C

Replacement Because of Death

Part 11

Offences Against Women and Girls

Part 12

Miscellaneous

Schedules