Section 4 Matrimonial Causes Act 1970

Section 4 of the Matrimonial Causes Act 1970 is about Marriage of persons within prohibited degrees of affinity. It provides as follows:

(1) Where two persons who are within the prohibited degrees of affinity wish to marry each other, they may apply, in writing, to a judge for permission to do so.

(2) If the judge is satisfied that the circumstances of the particular case are so exceptional as to justify the granting of the permission sought, he may, by order, permit the applicants to marry one another.

(3) Where persons marry in pursuance of permission granted under this section, the validity of their marriage shall not be affected by the fact that they are within the prohibited degrees of affinity.

(4) The President may arrange with the Governor of a State for the performance by judges of the High Court of that State of functions under this section.

(5) In this section, “judge” means a judge in respect of whom an arrangement made under subsection (4) of this section is applicable.

(6) Rules made under section 112 of this Act may make provision for the practice and procedure in and in connection with applications under this section, and may include provision for or in relation to the summoning of witnesses, the production of documents, the taking of evidence on oath or affirmation, and the payment of expenses of witnesses.

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