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The Marriage Act
Contracting marriage under this Act when married in African customary law or
contracting marriage in African customary law when married under this Act
provided that this section shall not extend to any person who contracts a
marriage during the life of a former husband or wife, if such husband or
wife, at the time of the subsequent marriage, shall have been continually
absent from such person for the space of seven years, and shall not have
been heard of by such person as being alive within that time. (No. 48 of
1963)
39. Whoever being unmarried goes through the ceremony of marriage with a
person whom he or she knows to be married to another person shall be liable
on conviction to imprisonment with or without hard labour for a period not
exceeding five years. Accomplices
40. Whoever in any affidavit, declaration, licence, document or statement by
law, to be made or issued for the purposes of a marriage, swears, declares,
enters, certifies or states any material matter which is false shall, if he
does so without having taken reasonable means to ascertain the truth or
falsity of such matter, be liable on conviction to imprisonment with or
without hard labour for one year or shall, if he does so knowing that such
matter is false, be liable on conviction to imprisonment with or without
hard labour for a period not exceeding five years. False declarations, etc.
41. Whoever endeavours to prevent a marriage by falsely pretending that his
consent thereto is required by law, or that any person whose consent is so
required does not consent, or that there is any legal impediment to the
performing of such marriage, shall, if he does so knowing that such pretence
is false or without having reason to believe that it is true, be liable on
conviction to imprisonment with or without hard labour for a period not
exceeding two years. False pretences in connection with consent to marriage
42. Whoever performs the ceremony of marriage knowing that he is not duly
qualified so to do, or that any of the matters required by law for the
validity of such marriage has not happened or been performed, so that the
marriage is void or unlawful on any ground, shall be liable on conviction to
imprisonment with or without hard labour for a period not exceeding five
years. Illegal performance of ceremony
43. Whoever, being under a duty to fill up the certificate of a marriage
celebrated by him or the counterfoil thereof or to transmit the same to the
Registrar, wilfully fails to perform such duty shall be liable on conviction
to a fine not exceeding one thousand and five hundred penalty units or,
alternatively or in default of payment of such fine or in addition thereto,
to imprisonment with or without hard labour for a period not exceeding two
years. (As amended by Act No. 13 of 1994) Failure to fill up and transmit
certificates
44. Whoever personates any other person in marriage, or marries under a
false name or description with intent to deceive the other party to the
marriage, shall be liable on conviction to imprisonment with or without hard
labour for a period not exceeding five years. Personation
45. Whoever goes through the ceremony of marriage, or any ceremony which he
or she represents to be a ceremony of marriage, knowing that the marriage is
void on any ground and that the other person believes it to be valid, shall
be liable on conviction to imprisonment with or without hard labour for a
period not exceeding five years. False representation
PART VIII MISCELLANEOUS
46. The Minister may, from time to time by statutory instrument, make,
alter, amend or repeal such rules as may be necessary for the proper
carrying out of the provisions of this Act and more especially may
prescribe-
(a) the place or places at which shall be situate the offices of the
Registrar-General and of the several Registrars;
(b) the form and manner of giving any notice required by this Act and the
particulars to be furnished;
(c) the form of any attestation required by this Act;
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