113. The celebration of a marriage may be opposed by any person already married to one of the parties intending to contract. The marriage of a minor not being a widower or a widow, may be opposed by any person whose consent to the marriage is required under article 85. (Substituted by Act 34 of 1956)
114–116. (Repealed by Act 34 of 1956)
117. If a person about to be married, being of the age of majority, be of unsound mind, any person may oppose the marriage.
118. When the opposition is founded on the unsoundness of mind of the person about to be married the opposer is bound to apply without delay for an inquisition and the appointment of a curator. (Substituted by Act 34 of 1956)
118A.
(1) Any person, on payment of a fee of one dollar may enter opposition with the district registrar, or the Magistrate or the minister of religion, being a status officer, publishing the banns against the issue of a certificate for the marriage of any person named therein or against the celebration of the marriage.
(2) If any opposition is entered as aforesaid, the opposition having been signed by or on behalf of the person by whom it was entered and stating his place of residence and the ground of objection on which the opposition is founded, the district registrar or the Magistrate or the minister of religion shall forthwith forward the same to the Registrar, and no certificate shall be issued or marriage celebrated until the Registrar has examined into the matter of the opposition and is satisfied that it ought not to obstruct the issue of the certificate or the celebration of the marriage or until the opposition has been withdrawn by the person who entered it; and if the Registrar is doubtful whether a certificate ought to be issued or the marriage celebrated he or she may refer the matter of the opposition to the Judge.
(3) Where the Registrar refuses by reason of any such opposition as aforesaid, to allow a certificate to be issued or the marriage to be celebrated, the person applying therefor may appeal to the Court or Judge who shall either confirm the refusal or direct that a certificate shall be issued or that the marriage may be celebrated. (Added by Act 34 of 1956)
119. Whatever may be the quality of the opposer, he or she is bound to adopt and follow up the formalities and proceedings necessary to have his or her opposition brought before the Court or Judge and decided without delay, a demand for its dismissal not being required. If he or she is in default in this respect, the opposition is regarded as never having been made, and the marriage ceremony is proceeded with, notwithstanding.
120. The Code of Civil Procedure contains the rules as to the delay for appeals to the Court or Judge, their form, contents and notification. (Substituted by Act 34 of 1956)
121. The decision in favour of marriage is without appeal. (Substituted by Act 34 of 1956)
122.
(1) Any person who enters an opposition against the issue of a certificate or the celebration of a marriage on grounds which the Court or Judge declares to be frivolous and to be such that they ought not to obstruct the issue of the certificate or the celebration of the marriage shall be liable for the costs of the proceedings before the Judge and for damages recoverable by the person against whose marriage the opposition was entered.
(2) For the purpose of enabling any person to recover any such costs and damages as aforesaid a copy of the declaration of the Judge, purporting to be sealed with the seal of the Court shall be evidence that the Judge has declared the opposition to have been entered on grounds which are frivolous and such that they ought not to obstruct the issue of the certificate. (Substituted by Act 34 of 1956)