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THE INDIAN
CHRISTIAN MARRIAGE ACT, 1872 An
Act to consolidate and amend the law relating to the solemnization in Preamble. - Whereas it is expedient to consolidate and amend the law relating
to the solemnization in |
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1. Short title. — This Act may be called the Indian Christian Marriage
Act, 1872. Extent.
— It extends to the whole of 2. Enactments repealed. — [Rep. by the Repealing Act, 1938 (1 of 1938), Section 2
and Sch., Pt. I]. 3. Interpretation-clause. — In this Act, unless there is something repugnant in the
subject or context, — "Church
of England" and "Anglican" means and apply to the Church of
England as by law established; "Church
of Scotland" means the Church of Scotland as by law established; "Church
of Rome" and "Roman Catholic" means and apply to the Church
which regards to Pope of Rome as its spiritual head; "Church"
includes any chapel or other building generally used for public Christian
worship; " "minor"
means a person who has not completed the age of of
twenty-one years and who is not a widower or a widow; the
expression "Christians" means persons professing the Christian
religion; and
the expression "Indian Christians" includes the Christian
descendants of natives of "Registrar
General of Births, Deaths and Marriages" means a Registrar General of
Births, Deaths and Marriages appointed under the Births, Deaths and Marriages
Registration Act, 1886 (6 of 1886). Comments Any
person professing the christian religion although
he has not been baptised is a Christian for the
purposes of the Act. (K.J.B. David v. Nilamani Devi, AIR 1953 Orissa 10). |
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PART I-THE PERSONS BY WHOM MARRIAGES MAY BE
SOLEMNIZED 4. Marriages to be solemnized according to Act. — Every marriage between persons,
one or both of whom is or are a Christian, or Christians, shall be solemnized
in accordance with the provisions of the next following section; and any such
marriage solemnized otherwise than in accordance with such provisions shall
be void. 5. Persons by whom marriages may be solemnized. — Marriages may be solemnized in (1)
by any person who has received episcopal
ordination, provided that the marriage be solemnized according to the rules,
rites, ceremonies and customs of the Church of which he is a Minister; (2)
by any Clergyman of the Church of Scotland, provided that such marriage be
solemnized according to the rules, rites, ceremonies and customs of the
Church of (3)
by any Minister of Religion licensed under this Act to solemnize marriages; (4)
by, or in the presence of, a Marriage Registrar appointed under this Act; (5)
by any person licensed under this Act to grant
certificates of marriage between Indian Christians. Comments "Solemnised" in Section 5 means
"celebrated" and refers to ceremonies only. If
a marriage is not solemnised in accordance with the
provisions of Section 5 of the Indian Christian Marriage Act, it would enable
the Court to declare such marriage as null and void. (Mariasoosai
v. Clara Mary, AIR 1995 6. Grant and revocation of licenses to solemnize marriages. — The State Government, so far as
regards territories under its administration, may, by notification in the
Official Gazette, grant licences to Ministers of
Religion to solemnize marriages within such territories and may, by a like
notification, revoke such licences. 7. Marriage Registrars. — The State Government may appoint one or more Christians,
either by name or as holding any office for the time being, to be the
Marriage Registrar of Marriage Registrars for any district subject to its
administration. Senior
Marriage Registrar. — Where there are more Marriage Registrars than one in
any district, the State Government shall appoint one of them to be the Senior
Marriage Registrar. Magistrate
when to be Marriage Registrar. — When there is only one Marriage Registrar in
a district, and such Registrar is absent from such district, or ill, or when
his office is temporarily vacant, the Magistrate of the district shall act
as, and be, Marriage Registrar thereof during such absence, illness, or
temporary vacancy. 8. Marriage Registrars in Indian States. — [Rep. by A.O. 1950]. 9. Licensing of persons to grant certificates of marriage between
Indian Christians. — The State Government may grant a license to any Christian either by
name or as holding any office for the time being, authorizing him to grant
certificates of marriage between Indian Christians. Any
such licence may be revoked by the authority by
which it was granted and every such grant or revocation shall be notified in
the Official Gazette. |
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PART II-TIME AND PLACE AT WHICH MARRIAGES MAY BE
SOLEMNIZED 10. Time for solemnizing marriage. — Every marriage under this Act
shall be solemnized between the hours of six in the morning and seven in the
evening: Exceptions.
— Provided that nothing in this section shall apply to — (1)
a Clergyman of the Church of England solemnizing a marriage under a special licence permitting him to do so at any hour than between
six in the morning and seven in the evening, under the hand and seal of the
Anglican Bishop of the Diocese or his Commissary, or (2)
a Clergyman of the Church of Rome solemnizing a marriage between the hours of
seven in the evening and six in the morning, when he has received a general
or special licence in that behalf from the Roman
Catholic Bishop of the Diocese of Vicariate in which such marriage is so
solemnized, or from such person as the same Bishop has authorised
to grant such licence, or (3)
a Clergyman of the Church of the 11. Place for solemnizing marriage. — No Clergyman of the Church of
England shall solemnize a marriage in any place other than a church where
worship is generally held according to the forms of the Church of England], unless
there is no such church within five miles distance by the shortest road from
such place, or unless he has received a special license authorizing him to do
so under the hand and seal of the Anglican Bishop of the Diocese or his
Commissary. Fee
for special licence. — For such special licence, the Registrar of the Diocese may charge such
additional fee as he said Bishop from time to time authorizes. |
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PART III-MARRIAGES SOLEMNIZED BY MINISTERS OF
RELIGION LICENSED UNDER THIS ACT 12. Notice of intended marriage. — Whenever a marriage is intended
to be solemnized by a Minister of Religion licensed to solemnize marriages
under this Act — One
of the persons intending marriage shall give notice in writing according to
the form contained in the First Schedule hereto annexed, or to the like
effect, to the Minister of Religion whom he or she desires to solemnize the
marriage, and shall state therein — (a)
the name and surname, and the profession or condition, of each of the persons
intending marriage, (b)
the dwelling-place of each of them. (c)
the time during which each has dwelt there, and (d)
the church or private dwelling in which the marriage is to be solemnized: Provided
that, if either of such persons has dwelt in the place mentioned in the
notice during more than one month, it may be stated therein that he or she
has dwelt there one month and upwards. 13. Publication of such notice. — If the persons intending marriage desire it to
be solemnized in a particular church, and if the Minister of Religion to whom
such notice has been delivered be entitled to officiate therein, he shall
cause the notice to be affixed in some conspicuous part of such church. Return
or transfer of notice. — But if he is not entitled to officiate as a Minister
in such church, he shall, at his option, either return the notice to the
persons who delivered it to him, or deliver it to some other Minister
entitled to officiate therein, who shall thereupon cause the notice to be
affixed as aforesaid. 14. Notice of intended marriage in private dwelling. — If it be intended that the
marriage shall be solemnized in a private dwelling, the Minister of Religion,
on receiving the notice prescribed in Section 12, shall forward it to the
Marriage Registrar of the district, who shall affix the same to some
conspicuous place in his own office. 15. Sending copy of notice to Marriage Registrar when one party is a
minor. — When
one of the persons intending marriage is a minor, every Minister receiving
such notice shall, unless within twenty-four hours after its receipt he
returns the same under the provisions of section 13, send by the post or
otherwise a copy of such notice to the Marriage Registrar of the district,
or, if there be more than one Registrar of such district, to the Senior
Marriage Registrar. 16. Procedure on receipt of notice. — The Marriage Registrar or Senior
Marriage Registrar, as the case may be, on receiving any such notice, shall
affix it to some conspicuous place in his own office, and the latter shall
further cause a copy of the said notice to be sent to each of the other
Marriage Registrars in the same district who shall likewise publish the same
in the manner above directed. 17. Issue of certificate of notice given and declaration made. — Any Minister of Religion
consenting or intending to solemnize any such marriage as aforesaid, shall on
being required so to do by or on behalf of the person by whom the notice was
given, and upon one of the persons intending marriage making the declaration
hereinafter required, issue under his hand a certificate of such notice
having been given and of such declaration having been made: Proviso.
— Provided — (1)
that no such certificates shall be issued until the expiration of four days
after the date of the receipt of the notice by such Minister; (2)
that no lawful impediment be shown to his satisfaction why such certificate
should not issue; and (3)
that the issue of such certificate has not been
forbidden, in manner hereinafter mentioned, by any person authorized in that
behalf. 18. Declaration before issue of certificate. — The certificate mentioned in
Section 17 shall not be issued until one of the persons intending marriage
has appeared personally before the Minister and made a solemn declaration — (a)
that he or she believes that there is not any impediment of kindred or
affinity, or other lawful hindrance, to the said marriage, and,
when either or both of the parties is or are a minor or minors — (b)
that the consent or consents required by law has or
have been obtained thereto, or that there is no person resident in 19. Consent of father or guardian or mother. — The father, if living, of any
minor, or if the father be dead, the guardian of the person of such minor,
and, in case there be no such guardian, then the mother of such minor, may give
consent to the minor's marriage , and such
consent is hereby required for the same marriage, unless no person authorised to give such consent be resident in India. Comments Where
the marriage of a girl above 18 years but below 21 and belonging to Roman
Catholic Church is solemnised by a Minister
belonging to the Church, the marriage does not become null and void on the
ground that the consent of the girl's parents is not taken. (Lakshmi Sanyal v. S.K. Dhar, AIR 1972 S.C. 2667). 20. Power to prohibit by notice issue of certificate. — Every person whose consent to a
marriage is required under Section 19, is hereby authorized to prohibit the
issue of the certificate by any Minister, at any time before the issue of the
same, by notice in writing to such Minister, subscribed by the person so
authorized with his or her name and place of abode and position with respect
to either of the persons intending marriage, by reason of which he or she is
so authorized as aforesaid. 21. Procedure on receipt of notice. — If any such notice be received
by such Minister, he shall not issue his certificate and shall not solemnize
the said marriage until he was examined into the matter of the said
prohibition, and is satisfied that the person prohibiting the marriage has no
lawful authority for such prohibition, or until the said notice is withdrawn by the person who
gave it. 22. Issue of certificate in case of minority. — When either of the person
intending marriage is a minor, and the Minister is not satisfied that the
consent of the person whose consent to such marriage is required by Section
19 has been obtained, such Minister shall not issue such certificate until
the expiration of fourteen days after the receipt by him of the notice of
marriage. 23. Issue of certificates of Indian Christians. — When any Indian Christian about
to be married makes a notice of marriage to a Minister of Religion, or
applies for a certificate from such Minister under Section 17, such Minister
shall, before issuing the certificate, ascertain whether such Indian
Christian is cognizant of the purport and effect of the said notice or
certificate, the case may be, and if not, shall translate or cause to be
translated the notice or certificate to such Indian Christian into some
language which he understands. 24. Form of certificate. — The certificate to be issued by the Minister shall be in
the form contained in the Second Schedule hereto annexed, or to the like
effect. 25. Solemnization of marriage. — After the issue of the certificate by the
Minister, marriage may be solemnized between the persons therein described
according to such form or ceremony as the Minister thinks fit to adopt: Provided
that the marriage be solemnized in the presence of at least two witnesses
besides the Minister. 26. Certificate void if marriage not solemnized
within two months. — Whenever a marriage is not solemnized within two months
after the date of the certificate issued by such Minister as aforesaid, such
certificate and all proceedings (if any) thereon shall be void, and no person shall proceed to solemnize the said marriage
until new notice has been given, and a certificate thereof issued in manner
aforesaid. |
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PART IV-REGISTRATION OF MARRIAGES SOLEMNIZED BY
MINISTER OR RELIGION 27. Marriages when to be registered. — All marriages thereafter
solemnized in 28. Registration of marriages solemnized by Clergymen of Church of
England.—
Every Clergyman of the Church of England shall keep a register of marriages
and shall register therein, according to the tabular form set forth in the
Third Schedule hereto annexed, every marriage which he solemnizes under this
Act. 29. Quarterly returns to Archdeaconry. — Every Clergyman of the Church
of England shall send four times in every year returns in duplicate
authenticated by his signature, of the entries in the register of marriages solemnized
at any place where he has any spiritual charge, to the Registrar of the
Archdeaconry to which he is subject, or within the limits of which such place
is situate. Contents of returns. — Such quarterly returns shall contain all the entries of
marriages contained in the said register from the first day of January to the
thirty first day of March, from the first day of April to the thirtieth day
of June, from the first day of July to the thirtieth day of September and
from the first day of October to the thirty-first day of December, of each
year, respectively, and shall be sent by such Clergyman within two weeks from
the expiration of each of the quarters above specified. The
said Registrar upon receiving the said returns shall send one copy thereof to
the Registrar-General of Births, Deaths and Marriages. 30. Registration and returns of marriages solemnized by Clergymen of
Church of Rome. — Every
marriage solemnized by a Clergyman of the Church of Rome shall be registered
by the person according to the form directed in that behalf by the Roman
Catholic Bishop of the Diocese or Vicariate in which such marriage is
solemnized, and such person shall forward quarterly to the
Registrar-General of Births, Deaths and Marriages returns of the entries of
all marriages registered by him during the three months next preceding. 31. Registration and returns of marriages solemnized by Clergymen of
Church of Scotland. — Every Clergyman of the Church of Scotland shall keep a register of
marriages, and
shall register therein, according to the tabular form set forth in the Third
Schedule hereto annexed, every marriage which he solemnizes under this Act, and shall forward quarterly to the Registrar-General of
Births, Deaths and Marriages, through the Senior Chaplain of the Church of
Scotland, returns, similar to those prescribed in Section 29, of all such
marriages. 32. Certain marriages to be registered in duplicate. — Every marriage solemnized by any
person who has received episcopal ordination, but
who is not a Clergyman of the Church of England, or of the Church of Rome, or
by any Minister of Religion licensed under this Act to solemnize marriages,
shall immediately after the solemnization thereof, be registered in duplicate
by the person solemnizing the same; (that is to say) in a marriage
register-book to be kept by him for that purpose, according to the form
contained in the Fourth Schedule hereto annexed, and also in a certificate
attached to the marriage-register book as a counterfoil. 33. Entries of such marriages to be signed and attested. — The entry of such marriage in
both the certificate and marriage-register-book shall be signed by the person
solemnizing the marriage, and also by the persons married, and shall be
attested by two credible witnesses other than the person solemnizing the
marriage, present at its solemnization. Every
such entry shall be made in order from the beginning to the end of the book,
and the number of the certificate shall correspond with that of the entry in
the marriage-register-book. 34. Certificate to be forwarded to Marriage Registrar,
copied and sent to Registrar-General. — The person solemnizing the marriage shall
forthwith separate the certificate from the marriage-register-book and send
it, within one month from the time of the solemnization, to the Marriage
Registrar of the district in which the marriage was solemnized, or, if there
be more Marriage Registrars than one, to the Senior Marriage Registrar, who
shall cause such certificate to be copied into a book to be kept by him for that
purpose, and shall send all the certificates which he has received
during the month with such number and signature of initials added thereto as
are hereafter acquired to, to the Registrar General of Births, Deaths and
Marriages. 35. Copies of certificates to be entered and numbered. — Such copies shall be entered in
order from the beginning to the end of the said book, and shall bear both the
number of the certificate as copied, and also a number to be entered by the
Marriage Registrar, indicating the number of the entry of the said copy of
the said book, according to the order in which he receives each certificates. 36. Registrar to add number of entry to certificate, and send to
Registrar-General.— The Marriage Registrar shall also add such last mentioned number of
the entry of the copy in the book to the certificate, with his signature or
initials, and shall, at the end of every month, send the same to the
Registrar General of Births, Deaths and Marriages. 37. Registration of marriages between Indian Christians by persons
referred to in clauses -(1), (2) and (3) of Section 5. — When any marriage
between Indian Christians is solemnized by any such person, Clergyman or
Minister of Religion as is referred to in clause (1), clause (2) or clause
(3) of Section 5, the person solemnizing the same shall, instead of
proceeding in the manner provided by Sections 28 to 36, both inclusive,
register the marriage in a separate register-book and shall keep it safely
until it is filled, or, if he leaves the district in which he solemnized the
marriage before the said book is filled, shall make over the same to the
person succeeding to his duties in the said district. Custody and disposal of register-book. — Whoever has the control of
the book at the time when it is filled, shall send it to the Marriage
Registrar of the district, or, if there be more Marriage Registrars than one,
to the Senior Marriage Registrar, who shall send it to the Registrar-General
of Births, Deaths and Marriages, to be kept by him with the records of his
office. |
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PART V-MARRIAGES SOLEMNIZED BY, OR IN THE
PRESENCE OF, A MARRIAGE REGISTRAR 38. Notice of intended marriage before Marriage Registrar. — When a marriage is intended to
be solemnized by, or in the presence of a Marriage Registrar, one of the
parties to such marriage shall give notice in writing, in the form contained
in the First Schedule hereto annexed, or to the like effect; to any Marriage
Registrar of the district within which the parties have dwelt, or
if the parties dwell in different districts, shall give the like notice to a
Marriage Registrar of each district, and
shall state therein the name and surname, and the profession or condition of
each of the parties intending marriage, the dwelling-place of each of them,
the time during which each has dwelt therein, and the place at which the
marriage is to be solemnized: Provided
that, if either party has dwelt in the place stated in the notice for more
than one month, it may be stated therein that he or she has dwelt there one
month and upwards. 39. Publication of notice. — Every Marriage Registrar shall, on receiving any such
notice, cause a copy thereof to be affixed in some conspicuous place in his
office. When
one of the parties intending marriage is a minor, every Marriage Registrar shall,
within twenty-four hours after the receipt by him of the notice of such
marriage, send, by post or otherwise, a copy of such notice to each of the
other Marriage Registrars (if any) in the same district, who shall likewise
affix the copy in some conspicuous place in his own office. 40. Notice to be filed and copy entered in Marriage Notice Book. — The Marriage Registrar shall
file all such notices and keep them with the records of his office, and
shall also forthwith enter a true copy of all notices in a book to be
furnished to him for that purpose by the State Government, and to be called
the "Marriage-Notice Book", and the Marriage Notice Book shall be open at all
reasonable times, without fee, to all persons desirous of inspecting the
same. 41. Certificate of notice given and oath made. — If the party by whom the notice
was given requests the Marriage Registrar to issue the certificate next
hereinafter mentioned, and if one of the parties intending marriage has made
oath as hereinafter required, the Marriage Registrar shall issue under his
hand a certificate of such notice having been given and of such oath having
been made: Proviso.
— Provided — that
no lawful impediment be shown to his satisfaction why such certificate should
not issue; that
the issue of such certificate has not been forbidden, in manner hereinafter
mentioned, by any person authorized in that behalf by this Act; that
four days after the receipt of the notice have expired: and further; that
where, by such oath, it appears that one of the parties intending marriage is
a minor, fourteen days after the entry of such notice have expired. 42. Oath before issue of certificate. — The certificate mentioned in
Section 41 shall not be issued by any Marriage Registrar, until one of the
parties intending marriage appears personally before such Marriage Registrar,
and makes oath — (a)
that he or she believes that there is no any impediment of kindred or
affinity, or other lawful hindrance, to the said marriage, and (b)
that both the parties have, or (where they have dwelt in the districts of
different Marriage Registrars) that the party making such oath has, had
their, his or her usual place of abode within the district of such Marriage
Registrar, and,
where either or each of the parties is a minor, — (c)
that the consent or consents to such marriage
required by law has or have been obtained thereto, or that, there is no
person resident in 43. Petition to High Court to order certificate in less than
fourteen days. — When one of the parties intending marriage is a minor, and both
such parties are at the time resident in any of the towns of Calcutta, Madras
and Bombay, and are desirous of being married in less than fourteen days
after the entry of such notice as aforesaid, they may apply by petition to a
judge of the High Court, for an order upon the Marriage Registrar to whom the
notice of marriage has been given, directing him to issue his certificate
before the expiration of the said fourteen days required by Section 41. Order on petition. — And on sufficient cause being shown, said Judge may,
in his discretion, make an order upon such Marriage Registrar, directing him
to issue his certificate at any time to be mentioned in the said order before
the expiration of the fourteen days so required. And
the said Marriage Registrar, on receipt of the order, shall issue his
certificate in accordance therewith. 44. Consent of father or guardian. — The provisions of Section 19 apply to every
marriage under this Part, either of the parties to which is a minor: Protest against issue of certificate. — And any person whose consent
to such marriage would be required thereunder may
enter a protest against the issue of the Marriage Registrar's certificate, by
writing, at any time before the issue of such certificate, the word
"forbidden" opposite to the entry of the notice of such intended
marriage in Marriage Notice-Book, and by subscribing thereto his or her name
and place of abode, and his or her position with respect to either of the
parties, by reason of which he or she is so authorized. Effect of Protest. — When such protest has been entered, no certificate
shall issue until the Marriage Registrar has examined into the matter of the
protest, and is satisfied that it ought not to obstruct the issue of the
certificate for the said marriage, or until the protest be withdrawn by the
person who entered it. 45. Petition where person whose consent is necessary is insane or
unjustly withholds consent. — If any person whose consent is necessary to any
marriage under this Part is of unsound mind or
if any such person (other than the father) without just cause withholds his
consent to the marriage, the parties intending marriage may apply by petition, where
the person whose consent is necessary is resident within any of towns of Procedure
on petition. — And the said Judge of the High Court, or District Judge, as
the case may be, may examine the allegations of the petition in a summary
way; and, if upon examination such marriage appears proper such
judge of the High Court of District Judge, as the case may be, shall declare
the marriage to be a proper marriage. Such
declaration shall be as effectual as if the person whose consent was needed
had consented to the marriage; and if he has forbidden the issue of the Marriage
Registrar's certificate, such certificate shall be issued and the like
proceedings may be had under this Part in relation to marriage as if the
issue of such certificate had not been forbidden. 46. Petition when Marriage Registrar refuses certificate. — Whenever a Marriage Registrar
refuses to issue a certificate under this Part, either of the parties
intending marriage may apply by petition, where the district of such
Registrar is within any of the towns of Calcutta, Madras and Bombay to a
Judge of the High Court, or if such district is not within any of the said towns
then to the District Judge. Procedure on petition. — The said Judge of the High Court, or District Judge,
as the case may be, may examine the allegations of the petition in a summary
way, and shall decide thereon. The
decision of such Judge of the High Court or District Judge, as the case may
be, shall be final, and the Marriage Registrar to whom the application for
the issue of certificate was originally made shall proceed in accordance
therewith. 47. Petition when Marriage Registrar in 48. Petition when Registrar doubts authority of person forbidding. — Whenever a Marriage
Registrar, acting under the provisions of Section 44, is not satisfied that
the person forbidding the issue of the certificate is authorized by law so to
do, the said Marriage Registrar shall apply by petition, where his district
is within any of the towns of Calcutta, Madras and Bombay, to a Judge of the
High Court, or if such district be not within any of the said towns, then to
the District Judge. Procedure
on petition. — The said petition shall state all the circumstances of the
case, and pray for the order and direction of the Court concerning the same, and
the said Judge of the High Court of District Judge, as the case may be, shall
examine into the allegations of the petition and the circumstances of the
case, and
if, upon such examination, it appears, that the person forbidding the issue
of such certificate is not authorized by law so to do, such Judge of
the High Court or District Judge, as the case may be, shall declare that the
person forbidding the issue of such certificate is not authorized as
aforesaid, and thereupon such certificate shall be issued, and the
like proceedings may be had in relation to such marriage as if the issue had
not been forbidden. 49. Liability for frivolous protest against issue of certificate. — Every person entering a
protest with the Marriage Registrar under this Part against the issue of any
certificate, on grounds which such Marriage Registrar, under Section 44, or a
Judge of the High Court or the District Judge, under Section 45 or 46,
declares to be frivolous and such as ought not to obstruct the issue of the
certificate, shall be liable for the costs of all proceedings in relation thereto
and for damages, to be recovered by suit by the person against whose marriage
such protest was entered. 50. Form of certificate. — The certificate to be issued by the Marriage
Registrar under the provisions of Section 41 shall be in the form contained
in the Second Schedule to this Act annexed or to the like effect, and the State Government shall furnish to every marriage
Registrar a sufficient number of forms of certificate. 51. Solemnization of marriage after issue of certificate. — After the issue of the
certificate of the Marriage Registrar, or
where notice is required to be given under this Act to the Marriage
Registrars for different districts, after the issue of the certificates to
the Marriage Registrars for such districts, marriage may, if there be no lawful impediment to the marriage
of the parties described in such certificate, or certificates, be solemnized
between them, according to such form and ceremony as they think fit to adopt. But
every such marriage shall be solemnized in the presence of some Marriage
Registrar (to whom shall be delivered such certificate or certificates as
aforesaid), and of two or more credible witnesses besides the Marriage
Registrar. And
in some part of the ceremony each of the parties shall declare as follows, or
to the like effect : "I
do solemnly declare that I know not of any lawful impediment why I, A.B., may
not be joined in matrimony to C.D." And
each of the parties shall say to the other as follows or the like effect: "I
call upon these persons here present to witness that I, A.B., do take thee,
C.D., to be my lawful wedded wife (or husband)." 52. When marriage not had within two months after notice, new notice
required. —
Whenever a marriage is not solemnized within two months after the copy of the
notice has been entered by the Marriage Registrar, as required by Section 40,
the notice and the certificate, if any, issued thereupon, and all other
proceedings thereupon, shall be void; and no person shall proceed to solemnize the marriage nor
shall any Marriage Registrar enter the same, until new notice has been given
and entry made, and certificate thereof given, at the time and in the manner
aforesaid. 53. Marriage Registrar may ask for particulars to be registered. — A Marriage Registrar before
whom any marriage is solemnized under this Part may ask of the persons to be
married the several particulars required to be registered touching such
marriage. 54. Registration of marriages solemnized under Part V. — After the solemnization of
any marriage under this Part, the Marriage Registrar present at such
solemnization shall forthwith register the marriage in duplicate; that is to
say, in a marriage register book, according to the form of the Fourth
Schedule hereto annexed, and also in a certificate attached to the marriage
register book as a counterfoil. The
entry of such marriage in both the certificate and the marriage register book
shall be signed by the person by or before whom the marriage has been
solemnized, if there be any such person, and by the Marriage Registrar
present at such marriage, whether, or not it is solemnized by him, and also
by the parties married and attested by two credible witnesses other than the
Marriage Registrar and person solemnizing the marriage. Every
such entry shall be made in order from the beginning to the end of the book,
and the number of the certificate shall correspond with that of the entry in
the marriage register book. 55. Certificates to be sent monthly to Registrar-General. — The Marriage Registrar shall
forthwith separate the certificate from the marriage register book and send
it, at the end of every month, to the Registrar-General of Births, Deaths and
Marriages. Custody of register-book. — The Marriage Registrar shall keep safely the said
register-book until it is filed, and shall then send it to the Registrar
General of Births, Deaths and Marriages, to be kept by him with the records
to his office. 56. Officers to whom Registrar in Indian States shall send
certificates. —
[Rep. by the A.O. 1950]. 57. Registrars to ascertain that notice and certificate are
understood by Indian Christians. — When any Indian Christian about to be married gives a
notice of marriage, or applies for a certificate from a Marriage Registrar,
such Marriage Registrar shall ascertain whether the said Indian Christian
understands the English language, and, if he does not, the Marriage Registrar
shall translate, or cause to be translated such notice or certificate, or
both of them, as the case may be, to such Indian Christian into a language
which he understands; or the Marriage Registrar shall otherwise ascertain
whether the Indian Christian is cognizant of the purport and effect of the
said notice and certificate. 58. Indian Christian to be made to understand declarations. — When any Indian Christian is
married under the provisions of this Part, the person solemnizing marriage
shall ascertain whether such Indian Christian understands the English
language and, if he does not, the person solemnizing the marriage shall, at
the time of the solemnization, translate, or cause to be translated, to such
Indian Christian, into a language which he understands, the declarations made
at such marriage in accordance with the provisions of this Act. 59. Registration of marriages between Indian Christians. — The registration of marriages
between Indian Christians under this Part shall be made in conformity with
the rules laid down in Section 37 (so far as they are applicable), and not
otherwise. |
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PART VI-MARRIAGE OF INDIAN CHRISTIANS 60. On what conditions marriages of Indian Christians may be
certified.
— Every marriage between Indian Christians applying for certificate, shall,
without the preliminary notice required under Part III, be certified under
this Part, if the following conditions be fulfilled, and not otherwise: (1)
the age of the man intending to be married shall not be under twenty-one
years, and the age of the woman intending to be married shall not be under
eighteen years; (2)
neither of the persons intending to be married shall have a wife or husband still
living; (3)
in the presence of a person licensed under section 9, and of at least two
credible witnesses other than such person, each of the parties shall say to
the other — "I
call upon these persons here present to witness that I, A.B., in the presence
of Almighty God, and in the name of our Lord Jesus Christ, do take thee,
C.D., to be my lawful wedded wife or husband or words to the like effect: 61. Grant of certificate. — When, in respect to any marriage solemnized under this
Part, the conditions prescribed in Section 60 have been fulfilled, the person
licensed as aforesaid, in whose presence the said declaration has been made,
shall, on the application of either of the parties to such marriage, and, on
the payment of a fee of four annas, grant a certificate
of the marriage. The
certificate shall be signed by such licensed person, and shall be received in
any suit touching the validity of such marriage as conclusive proof of its
having been performed. 62. Keeping of register-book and deposit of extracts therefrom with Registrar- General. — (1) Every person licensed
under Section 9 shall keep in English, or in the vernacular language in
ordinary use in the district or State in which the marriage was solemnized,
and in such form as the State Government by which he was licensed may from
time to time prescribe, a register book of all marriages solemnized under
this Part in his presence, and shall deposit in the office of the
Registrar-General of Births, Deaths and Marriages for the territories under
the administration of the said State Government, in such form and at such
intervals as that Government may prescribe, true and duly authenticated
extracts from his register-book of all entries made therein since the last of
those intervals.] 63. Searches in register-book and copies of entries. — Every person licensed under
this Act to grant certificates of marriage, and keeping a marriage
register-book under Section 62 shall, at all reasonable times, allow search
to be made in such book, and shall, on payment of the proper fee, give a
copy, certified under his hand, of any entry therein. 64. Books in which marriages of Indian Christians under Part I or
Part III are registered. — The provisions of Sections 62 and 63, as to the form of
register-book, depositing extracts therefrom,
allowing searches thereof, and giving copies of the entries therein, shall
mutatis mutandis, apply to the books kept under Section 37. 65. Part VI not to apply to Roman Catholics. — This Part of this Act, except
so much of Sections 62 and 63 as are referred to in Section 64, shall not
apply to marriages between Roman Catholics. Saving of certain marriages. — But nothing herein contained shall invalidate any
marriage celebrated between Roman Catholics under the provisions of Part V of
Act No. 25 of 1864, previous to the twenty-third day of February, 1865. |
|
66. False oath, declaration, notice or certificate for procuring
marriage. —
Who- ever, for the purpose of procuring a marriage or licence
of marriage, intentionally, — (a)
where an oath or declaration is required by this Act, or by any rule or
custom of a Church according to the rites and ceremonies of which a marriage
is intended to be solemnized, such Church being the Church of England or of
Scotland or of Rome, makes a false oath or declaration, or (b)
where a notice or certificate is required by this Act, signs a false notice
or certificate, shall be deemed to have committed the offence punishable
under Section 193 of the Indian Penal Code, 1860 (45 of 1860) with imprisonment
of either description for a term which may extend to three years and, at the
discretion of the Court with fine. 67. Forbidding by false personation, issue
of certificate by Marriage Registrar. — Whoever, forbids the issue by
a Marriage Registrar, of a certificate by falsely representing himself to be
a person whose consent to the marriage is required by law, knowing or
believing such representation to be false, or not having reason to believe it
to be true, shall be deemed guilty of the offence described in Section 205 of
the Indian Penal Code, 1860 (45 of 1860). 68. Solemnizing marriage without due authority. — Whoever, not being authorized
by Section 5 of this Act to solemnize marriages, solemnizes or professes to
solemnize, in the absence of a Marriage Registrar of the district in which
the ceremony takes place, a marriage between persons one or both of whom is
or are a Christian or Christians, shall be punished with imprisonment which
may extend to ten years or (in lieu of a sentence or imprisonment for seven
years of upwards) with transportation for a term of not less than seven
years, and not exceeding ten years, and shall also be liable to fine. 69. Solemnizing marriage out of proper time, or without witnesses. — Whoever knowingly and wilfully solemnizes a marriage between persons, one or
both of whom is or are a Christian or Christians, at any time other than
between the hours of six in the morning and seven in the evening, or in the
absence of at least two credible witnesses other than the person solemnizing
the marriage, shall be punished with imprisonment for a term which may extend
to three years, and shall also be liable to fine. Saving of marriages solemnized under special licence.
— This section
does not apply to marriages solemnized under special licences
granted by the Anglican Bishop of the Diocese or by his Commissary, nor to
marriages performed between the hours of seven in the evening and six in the
morning by a Clergyman of the Church of Rome, when he has received the
general or special licence in that behalf mentioned
in Section10. Nor
does this section apply to marriages solemnized by Clergyman of the Church of
Scotland according to the rules, rites, ceremonies and customs of the Church
of Scotland. 70. Solemnizing without notice or within fourteen days after notice,
marriage with minor. — Any Minister of Religion licensed to solemnize marriages under
this Act, who without a notice in writing, or when one of the parties to the
marriage is a minor and the required consent of the parents or guardians to
such marriage has not been obtained, within fourteen days after the receipt
by him of notice of such marriage, knowingly and wilfully
solemnizes a marriage under Part III, shall be punished with imprisonment for
a term which may extend to three years, and shall also be liable to fine. 71. Issuing certificate, or marrying, without publication of notice. — A Marriage Registrar under
this Act, who commits any of the following offences: (1)
knowingly and wilfully issues any certificate for
marriage, or solemnizes any marriage, without publishing the notice of such
marriage as directed by this Act; Marrying
after expiry of notice. — (2) after the expiration of two months after the
copy of the notice has been entered as required by Section 40 in respect of
any marriage, solemnizes such marriage; Solemnizing
marriage with minor within fourteen days, without authority of court or
without sending copy of notice. — (3) solemnizes without an order of a
competent court authorizing him to do so, any marriage, when one of the
parties is a minor, before the expiration of fourteen days after the receipt
of the notice of such marriage, or without sending, by the post or otherwise,
a copy of such notice to the Senior Marriage Registrar of the district if
there be more Marriage Registrars of the district than one, and if he himself
be not the Senior Marriage Registrar; Issuing
certificate against authorized prohibition. — (4) issues any certificate the
issue of which has been prohibited, as in this Act provided, by any person
authorized to prohibit the issue thereof, shall be punished with imprisonment for a term which may
extend to five years, and shall also be liable to fine. 72. Issuing certificate after expiry of notice, or in case of minor,
within fourteen days after notice, or against authorized prohibition. — Any Marriage Registrar
knowingly and wilfully issuing any certificate for
marriage after the expiration of two months after the notice has been entered
by him as aforesaid, or
knowingly and wilfully issuing, without the order
of a competent court authorizing him so to do, any certificate for marriage,
where one of the parties intending marriage is a minor, before the expiration
of fourteen days after the entry of such notice, or any certificate the issue
of which has been forbidden as aforesaid by any person authorized in this
behalf, shall be deemed to have committed an offence under Section
166 of the Indian Penal Code, 1860 (45 of 1860). 73. Persons authorized to solemnize marriage (other than Clergy of
Churches of or,
not being a Clergyman of the Church of Scotland, solemnizing a marriage
according to the rules, rites, ceremonies and customs of that Church, or,
not being a Clergyman of the Church of Rome, solemnizing a marriage according
to the rites, rules, ceremonies and customs of that Church, Issuing
certificate, or marrying, without publishing notice, or after expiry of
certificate. — knowingly and wilfully issues any
certificate for marriage under this Act, or solemnizes a marriage between
such persons as aforesaid, without publishing or causing to be affixed, the
notice of such marriage as directed in Part III of this Act, or after the
expiration of two months after the certificate has been issued by him. Issuing
certificate for, or solemnizing, marriage with minor, within fourteen days
after notice. — Or knowingly and wilfully issues
any certificate for marriage, or solemnizes a marriage between such persons
when one of the persons intending marriage is a minor, before the expiration
of fourteen days after the receipt of notice of such marriage, or without
sending, by the post or otherwise, a copy of such notice to the Marriage
Registrar or, if there be more Marriage Registrars than one, to the Senior
Marriage Registrar of the district; Issuing
certificate authorizedly forbidden. — or knowingly
and wilfully issues any certificate the issue of
which has been forbidden, under this Act, by any person authorized to forbid
the issue; Solemnizing
marriage authorizedly forbidden. — or knowingly and
wilfully solemnizes any marriage forbidden by any
person authorized to forbid the same; shall be punished with imprisonment for a term which may
extend to four years, and shall also be liable to fine. 74. Unlicensed person granting certificate pretending to be
licensed. —
Whoever, not being licensed to grant a certificate of marriage under Part VI
of this Act, grants such certificate intending thereby to make it appear that
he is so licensed, shall be punished with imprisonment for a term which may
extend to five years, and shall also be liable to fine. Whoever,
being licensed to grant certificates of marriage under Part VI of this Act,
without just cause refuses or wilfully neglects or
omits, to perform any of the duties imposed upon him by that Part shall be
punished with fine which may extend to one hundred rupees. 75. Destroying or falsifying register-books. — Whoever, by himself or
another, wilfully destroys or injures any
register-book or the counterfoil certificates thereof, or any part thereof,
or any authenticated extract therefrom, or
falsely makes or counterfeits any part of such register-book of counterfoil
certificates, or
wilfully inserts any false entry in any such
register-book or counterfoil certificate or authenticated extract, shall be punished with imprisonment for a term which may
extend to seven years, and shall also be liable to fine. 76.
Limitation of prosecutions under Act. — The prosecution for every offence
punishable under this Act shall be commenced within two years after the
offence is committed. |
|
77. What matters need not be proved in respect of marriage in
accordance with Act. — Whenever any marriage has been solemnized in accordance with the
provisions of Sections 4 and 5, it shall not be void merely on account of any
irregularity in respect of any of the following matters, namely: (1)
any statement made in regard to the dwelling of the person married, or to the
consent of any person whose consent to such marriage is required by law: (2)
the notice of the marriage; (3)
the certificate or translation thereof; (4)
the time and place at which the marriage has been solemnized; (5)
the registration of the marriage. 78. Corrections of errors. — Every person charged with the duty of registering
any marriage, who discovers any error in the form or substance of any such
entry, may within one month next after the discovery of such error, in the
presence of the persons married, or in case of their death or absence, in the
presence of two other credible witnesses, correct the error by entry in the
margin, without any alteration of the original entry, and shall sign the
marginal entry and add thereto the date of such correction, and such person
shall make the like marginal entry in the certificate thereof. And
every entry made under this section shall be attested by the witnesses in
whose presence it was made. And,
in case such certificate has been already sent to the Registrar-General of
Births, Deaths and Marriages, such person shall make and send it in like
manner a separate certificate of the original erroneous entry, and of the
marginal correction therein made. 79. Searches and copies of entries. — Every person solemnizing a
marriage under this Act, and hereby required to register the same, and
every Marriage Registrar or Registrar-General of Births, Deaths and Marriages
having the custody for the time being of any register of marriages, or of any
certificate, or duplicate, or copies of certificate, under this Act, shall, on payment of the proper fees, at all reasonable
times, allow searches to be made in such register, or for such certificate,
or duplicate or copies, and give a copy under his hand of any entry in the
same. 80. Certified copy of entry in marriage-register, etc., to be evidence . — Every certified copy purporting to be signed by the
person entrusted under this Act with the custody of any marriage-register or
certificate, or duplicate, required to be kept or delivered under this Act,
of any entry of a marriage in such register or of any such certificate or
duplicate, shall be received as evidence of the marriage purporting to be so
entered, or of the facts purporting to be so certified therein, without
further proof of such register or certificate, or duplicate, or of any entry
therein, respectively, or of such copy. 81. Certificates of certain marriage to be sent to Central
Government. —
The Registrar-General of Births, Deaths and Marriages shall, at the end of
every quarter in each year, select, from the certificates of marriages
forwarded to him during such quarter, the certificates of the marriages of
which the Government by whom he was appointed may desire that evidence shall
be transmitted to England, and shall sent the same certificates, signed by
him to the Central Government. 82. State Government to prescribe fees. — Fees shall be chargeable under
this Act for — receiving
and publishing notices of marriages; issuing
certificates for marriages by Marriage Registrars, and registering marriages
by the same; entering
protest against, or prohibitions of, the issue of certificates for marriage
by the said Registrars; searching
register-books or certificates, or duplicates, of copies thereof; giving
copies of entries in the same under Section 63 and 79; The
State Government shall fix the amount of such fees respectively, and may from
time to time vary or remit them either generally or in special case, as to it
may seem fit. 83. Power to make rules. — [1][(1)] The State Government [2][may, by notification
in the Official Gazette, make rules] in regard to the disposal of the fees
mentioned in section 82, the supply of register book, and the preparation and
submission of returns of marriage solemnized under this Act. [3]
[(2) Every rule made by the State Government under this section shall be
laid, as soon as may be after it is made, before the State Legislature.] 84. Power to prescribe fees and rules for Indian States. — [Rep. by A.O. 1950.] 85.
Power to declare who shall be District Judge. — The State Government may, by
notification in the Official Gazette, declare who shall, in any place to
which this Act applies, be deemed to be the District Judge. 86. Powers and functions exercisable as regards Indian States. — [Rep. by A.O. 1950.] 87. Saving of Consular marriages. — Nothing in this Act applies to any marriage
performed by any Minister, Consul, or Consular Agent between subjects of the
State which he represents and according to the laws of such State. 88. Non-validation of marriages within prohibited degrees. — Nothing in this Act shall be
deemed to validate any marriage which the personal law applicable to either
of the parties forbids him or her to enter into. [Note
— Schedules I to IV containing Forms is being omitted here.] [1]
Renumbered as sub-section (1) by Act No. 20 of 1983. [2]
Subs. by Act No. 20 of 1983, for "may make rules". [3]
Ins. by Act No. 20 of 1983. |