grant exemption from the residential requirement
under clause (c) of sub-section (1) to any person or a
class of persons, it may, for reasons to be recorded in
writing, grant such exemption.].
Amendment of Section 2. In the Citizenship Act, 1955
(hereinafter referred to as the principal Act), in section
2, in sub-section (1), in clause (b), the following proviso
shall be inserted, namely:—
“Provided that any person belonging to Hindu, Sikh,
Buddhist, Jain, Parsi or Christian community from
Afghanistan, Bangladesh or Pakistan, who entered into
India on or before the 31st day of December, 2014 and
who has been exempted by the Central Government
by or under clause (c) of sub-section (2) of section 3
of the Passport (Entry into India) Act, 1920 or from the
application of the provisions of the Foreigners Act,
1946 or any rule or order made thereunder, shall not be
treated as illegal migrant for the purposes of this Act;”
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Form of application for naturalisation: (1) An
application for a certificate of naturalisation shall
be made in Form XII to the Collector within whose
jurisdiction the applicant
is ordinarily resident and the Collector shall transmit
every such application to the Central Government
through the State Government along with his report.
(2) Such application shall be accompanied by
(i) duty stamped affidavits from the applicant and two
respectable Indian citizens testifying to the character
of the applicant and the correctness of the statements
made in the application; and
(ii) a certificate to the effect that the applicant has
an adequate knowledge of one of the languages
specified in the Eighth Schedule to the Constitution.
Explanation.-An applicant shall be considered to have
adequate knowledge of the concerned language
if he can speak or understand or read or write that
language.
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Section 5. Condition for a Hindu Marriage.- A
marriage may be solemnized between any two
Hindus, if the following conditions are fulfilled, namely:
(i) neither party has a spouse living at the time of the
ground that the other party(i) has, after the solemnization of the marriage had
voluntary sexual intercourse with any person other
than his or her spouse; or
marriage;
(ii) at the time of the marriage, neither party,(a) is incapable of giving a valid consent of it in
consequence of unsoundness of mind; or
(b) though capable of giving a valid consent has been
suffering from mental disorder of such a kind or to
such an extent as to be unfit for marriage and the
procreation of children; or
(c) has been subject to recurrent attacks of insanity or
epilepsy;
(iii) the bridegroom has completed the age of twenty
one years and the bride the age of eighteen years at
the time of the marriage;
(iv) the parties are not within the degrees of prohibited
relationship unless the custom or usage governing
each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless
the custom or usage governing each of them permits
of a marriage between the two
(ia) has, after the solemnization of the marriage,
treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period
of not less than two years immediately preceding the
presentation of the petition; or
(ii) has ceased to be a Hindu by conversion to another
religion; or
(iii) has been incurably of unsound mind, or has
suffering continuously or intermittently from mental
disorder of such a kind and to such an extent that the
petitioner cannot reasonably be expected to live with
the respondent.
Explanation- In this clause(a) the expression “mental disorder” means mental
illness, arrested or incomplete development of
mind, psychopathic disorder or any other disorder or
disability of mind and include schizophrenia;
(b) the expression “psychopathic disorder” means
a persistent disorder or disability of mind (whether
or not including sub-normality of intelligence)
which results in abnormally aggressive or seriously
irresponsible conduct on the part of the other party
and whether or not it requires or is susceptible to
medical treatment; or
(iv) has been suffering from a virulent and incurable
form of leprosy; or
(v) has been suffering from veneral disease in a
communicable form; or
(vi) has renounced the world by entering any religious
order; or
(vii) has not been heard of as being alive for a period
of seven years or more by those persons who would
naturally have heard of it, had that party been alive;
Explanation.- In this sub-section, the expression
“desertion” means the desertion of the petitioner by
Section 7. Ceremonies for a Hindu marriage.-(1) A
Hindu marriage may be solemnized in accordance
with the customary rites and ceremonies of either
party thereto.
(2) Where such rites and ceremonies include the
saptapadi (that is, the taking of seven steps by the
bridegroom and the bride jointly before the sacred
fire), the
marriage becomes complete and binding when the
seventh step is taken.
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13. Divorce- (1) Any marriage solemnized, whether
before or after the commencement of the Act, may,
on a petition presented by either the husband or
the wife, be dissolved by a decree of divorce on the
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