PART III MARRIAGE
Disability to marry

6.-(1) A man shall not marry before he completes his eighteenth year and a woman shall not marry before she completes her sixteenth year:

Provided that a woman who is over sixteen but has not completed her eighteenth year shall not marry except with the consent of her father, or, if her father is dead, of her mother or of her guardian:

Provided further that, in exceptional cases and for good reason, the Court may, after hearing the parents or guardian, allow both a man and a woman to marry after completing their fifteenth and fourteenth year, respectively.

(2) No person who is of unsound mind shall be capable of marrying.

Impediments to marriage on account of relationship and religion

7.-(1) A marriage is prohibited-

(a) between blood relations in the direct line, between brothers and sisters of the full or half blood and between uncle and niece, nephew and aunt;

(b) between relatives by marriage in the direct line even where the marriage which created such relationship has been declared invalid or dissolved by death or divorce;

(c) between a moslem woman and a non-moslem man.

(2) For the purposes of this section relationship by blood shall extend to relationship between an illegitimate child and his descendants on the one side and the father and his relations by blood on the other side.

No new marriage except on proof of dissolution of former marriage

8. No person shall marry again unless he proves to the satisfaction of the Court that the former marriage has been declared invalid or void or has been dissolved by divorce or the death of the other party.

Delay for re-marriage of women in certain cases

9. A widow or a woman whose marriage has been declared invalid or void or has been dissolved by divorce shall not marry again before the lapse of three hundred and two days after the death of her husband or after the previous marriage is declared invalid or void or is dissolved, as the case may be, unless in the meantime a child is born to the woman, in which case the period shall determine upon such birth: Provided that the period may be reduced by the Court if pregnancy of the woman by the former marriage is, in the opinion of the Court, excluded.

Delay for re-marriage of divorced persons

10.-(1) Divorced persons cannot enter upon a new marriage before the expiration of the period contained in the decree of divorce.

(2) Nothing in this section shall apply to cases in which the divorced persons re marry each other.

Notice of marriage

11.-(1) No marriage shall be solemnized unless the parties to the betrothal first give notice to the marriage officer at the place where the male party to the betrothal ordinarily resides.

(2) The notice shall be in the prescribed form and shall be signed by the parties to the betrothal and a party who is illiterate shall affix his mark thereto in the presence of two witnesses. Such notice shall be accompanied by the birth certificates of the parties and a certificate of the mukhtar of the place in which each party ordinarily resides stating that, to his best knowledge and belief, no disability or impediment exists to their marriage and, where necessary, by a certificate that the former spouse is dead or by a copy of a judgment of a competent Court or other authority pronouncing a divorce or the nullity of the former marriage and by the written consent of the parents or guardians:

Provided that, in the case of a party who is not a Cypriot, the certificate or certificates required under this subsection shall, as regards such party, emanate from some authority of the place in which such party ordinarily resides and as to which the marriage officer is satisfied that it is competent to issue such certificate or certificates:

Provided further that the marriage officer may, in his discretion, dispense with all or any of the certificates required under this subsection.

Posting up of notice

12.-(1) Upon the receipt of the notice as hereinbefore provided, the marriage officer shall file the same in his office and shall, within ten days of the receipt of the notice, cause copies thereof, certified under his hand and seal, to be posted outside his office and in a conspicuous place at the place or places where the parties ordinarily reside, inserting therein the date of the posting up: Provided that the marriage officer shall refuse to post up the notice where such notice does not comply with this Law or any rules made thereunder or where thereexists to his knowledge some disability or some other legal impediment to the marriage but, in every such case the marriage officer shall give notice thereof to the parties and, if not himself a judge of the Court, shall forthwith notify the Court of such refusal and the Court shall give such directions thereon as to it may seem fit and the marriage officer concerned shall comply with such directions.

(2) If a marriage officer fails to post up the notice within ten days of its receipt as in subsection (1) provided, he shall be deemed to have refused to post up the same and, in every such case, any party to the notice may complain to the Court for such refusal and the Court shall give such direction thereon as to it may seem fit and the marriage officer concerned shall comply with such direction.

Opposition

13.-(1) Any person may, within ten days of the posting up of the notice, file with the Court an opposition against such marriage on the ground that either party is under disability or that there exists some legal impediment to the marriage; and no other ground shall be admissible in any such opposition.

(2) The opposition shall be filed in the Court and the opposing party shall, within the same period of ten days, serve certified copies thereof to the parties of the betrothal and the marriage officer concerned.

(3) Upon the receipt of a notice of opposition the marriage officer shall not proceed further with the proposed marriage until and unless he receives directions from the Court.

Solemnization of marriage

14.-(1) At any time not less than fifteen days, or such shorter period as the Court may in exceptional cases and for good reason direct, and not more than three months from the date of the posting of the notice, or where after an opposition has been made the Court so directs, the marriage officer shall, if so requested by the parties to the betrothal, proceed to solemnize the marriage or give to the parties a certificate under his hand and seal with regard to the due posting up of the notice and such certificate shall be sufficient authority for the solemnization of the marriage by any other marriage officer within a period not exceeding three months from the date of such certificate: Provided that a marriage officer shall refuse to solemnize the marriage or give a certificate as aforesaid if, in the meantime, there has come to his knowledge that there exists some disability or some other legal impediment to the marriage but, in every such case the marriage officer shall give notice thereof to the parties and, if not himself a judge of the Court, shall forthwith notify the Court of such refusal and the Court shall give such directions thereon as to it may seem fit and the marriage officer concerned shall comply with such directions.

(2) The marriage shall be solemnized by a marriage officer in the presence of two or more witnesses of full age in the office of the marriage officer with open doors:

Provided that, upon the production of a medical certificate that a party to the intended marriage is, owing to illness, unable to attend the office, the marriage may be solemnized in such other place as the marriage officer may consider convenient.

(3) The marriage officer shall ask each party to the intended marriage whether they desire to be joined in matrimony; and, upon each of the parties replying in the affirmative and upon signing the prescribed book, the marriage officer shall declare them to be legally married and shall issue to each of the parties a marriage certificate in such form as may be prescribed.

No impediment to religious ceremony in addition to marriage solemnized under Law

15.-(1) No marriage between persons to whom this Law applies shall be valid and effective unless solemnized under the provisions of this Law but the parties thereto may, if they so desire, have in addition a religious marriage ceremony.

(2) Where a religious marriage ceremony is desired, same shall not take place unless and until the marriage certificates granted under subsection (3) of section 14 are produced to the person performing the religious marriage ceremony and any person who performs an such ceremony without such certificates shall be guilty of any offence and shall be liable to a fine not exceeding £125.

Declarations of validity of marriage

16. Where the Court is satisfied that a marriage has been validly contracted under the Sheri Law before the coming into operation of this Law the Court may for the removal of doubts declare that such marriage shall by virtue of section 52 be deemed to have been contracted and solemnized under this Law.