THE INDIAN CHRISTIAN MARRIAGE ACT, 1872 BARE ACT an Act to consolidate and amend the law relating to the solemnization in India of ye marriages of Christians. nant WHEREAS it is expedient to consolidate and amend the laws relating to the solemnization india of the marriages of persons professing the Christian religion: itis hereby enacted as follows: TIT T 7 TINT THT TLL ereuiminany |||) 1. Short title — This act may be called the Christian Marriage Act, 1872. Extent — It extends to the whole of India, except the territories which, immediately telore the Ist Novernber, 1956, were comprised in the States of Travancore-Cochin, Manipur ad Jammu and Kashmir. Commencement — Repealed by the Repealing Act 16 of 1874 (XVI of 1874). 2. Interpretation clause — In this Act, unless there 1S something repugnant in the subject or context — « “Church of England” and “Anglican” mea! as by the law established “Church of Scotland” means the Church of Scotland as by | “Church of Rome” and “Roman Catholic” mean and apply to regards the Pope of Rome as ils spiritual head ns and apply to the Church of England w established the Church which * “Church” includes any chapel or other building generally used fo" public Christian worship * “India” means the territories to which this Act extends and ars ted the age of twenty one ye “Minor® means a person who has not comple! i is not a widower or a widow h i “ seeh the oDression, Christians” means persons Se onan Christian” includes = india converted to Christianity, as well as such conv’ ikegistrar General of Births, Deaths and Marriages” Mean” Re, a Deaths and Marriages appointed under the Births, Bistration Act, 1886 (2 of 1886) % nd sing the christial religion and ants of native profes: the Christian descem ents a Registrar General of Deaths and Marriages 219FAMILY LAW 220 ANNAN A The Persons by whom Marriages may be Solemnized. - Every marriage between ding to Act ~ Every Person . Marriage to be solemnized according t riage betw . one : both of whom is or are a Christian or Christians, shall be solerized in accordant with the provisions of the next following section and any i marriag ized others than in accordance with such provisions shall be voi 4. Persons by whom marriage may be solemnized ~ Marriage may be Solem, in India — i i | ordination, provided that the mar 1. By any person who has received episcopal ) tap be Solemnized according to the rules, rites, ceremonies and customs of the Chy. of which he is a Minister; : 2. By any Clergymen of the Church of Scotland, provided that such marri ; age be solemnized according to the rules, rites, ceremonies and customs of the Chures of Scotland . By any Minister of Religion licensed under this Act to solemnize Marriages 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 betwee Indian Christians. 5. Grant and revocation of licences to solemnize marriage — The State Governmet so far as regards to the territorie: s under its administration, may, by notification in te Official Gazette, grant licences to Ministers of Religion to solemnize marriage wits such territories, and may, by a like notification, revoke such licences. istrars — The State government may appoint one or more Christias as holding any office for the time being, to be the Marriage Regis? or Marriage Registrars for any district subject to its administration, Senior Marriaj i ige Registrars — Where there are more Marriage Registrars than one” any district, the State Government shall appoint one of them to be the Senior Matt egistrar, 7. Marriage Regi either by name or 8. Marriage Registrars in Indian States — {Omitted by A.L.O. 1950} ; as ho any office for the ti i : '0 any Christian, either by name of ve Indian Christians. * PC? authorizing hi ore bet im to grant the certificate of marriage P*THE INDIAN CHRISTIAN MARRIAGE ACT, 1872 LO eam MUNN | i and Place at which Martiage may be Solemnized © rime P ; ing marriage — Eve iage ; time for solemnnizing marriage Every marriage under this Act shall be solemnized vy the hours of six in the morning and seven in the evening. ee! : cep tO" — Provided that nothing in this section shall apply to — | a clergyman of the Church of England solemnizing a marriage under a special cence permitting him to do so at any hour other than between six in the morning lit} seven in the evening, under the hand and seal of the Anglican Bishop of the piocese or his Commissary, or | Clergyman of the Church of Rome solemnizing a marriage between the hours A ‘even in the evening and six in the morning, when he has received a general o special licence in that behalf from the Roman Catholic Bishop of the Diocese or yieariate in which such marriage is so solemnized or from such person as the Sime Bishop has authorised to grant such licence, or 3. AClergyman of the Church of Scotland solemnizing a marriage according to the mules, rites ceremonies and customs of the Church of Scotland. 1. Place for solemnizing marriage — No Clergyman of the Church of England shall ennize a marriage in any place other than a church where worship is generally held xeording to the forms of the Church of England unless there is no such church within teniles distance by the shortest road from such place, or unless he has received a seta licence authorizing him to do so under the hand and seal of the Anglican Bishop the Diocese or his Commissary. ree for special licence — For such special licence, the Registrar of the Diocese may cage such additional fee as the said Bishop from time to time authorizes. ‘ono ar 7 4 PART It ||| Ik I! Marriages solemnized by Ministers of Religion licensed under this Act. 4 2-Notice of intended marriage — Whenever a marriage is intended to be solemnized quite of Religion licensed to solemnize marriages under this Act. ipso of the persons intending marriage shall give notice in writing according to the “Conta i . ‘ Reignaned in the First Scheduled hereto annexed, or to the like effect, to the M whom he or she desires to solemnize the marriage, and shall state ther (9) th she name and surname, and the profession or condition, of each of the persons (6) th ‘nding marriage, © dwell 6 ng celina lace of each of them, i ; (ig Line during which each has dwelt there, and ing OVIdeq he or private dwelling in which the marriage is to be solemnized. snatonth, ati elther of such persons has dwelt in the place mentioned more than ds y be stated therein that he or she has dwelt there one month andeR FAMILY LAW f such notice — I he persons intending manage deg, | Se ate aie are ach i the Minister of Religion to wom sa A ee ene Beate officiate therein, he shall cause the notice y be at ee ceractae part of such church. tg _ or transfer of notice — But if he is not entitled to officiate 3S a Ming such ohne h, he shall at his option, either return the ee ieee Aerie,” to him, or deliver ito some other Minister entitled to officia : al cause the notice to be affixed as aforesaid. 14. Notice of intended marriage in private dwelling — It i = intended th 4, marriage shall be solemnized in a private dwelling, the Minister of 7 ‘eligion, on Teen, the notice prescribed in section 12, shall forward it to the Marriage Re; who shall affix the same to sor Gistrar ofthe ggn me conspicuous place in his own office. 1S. Sending copy of notice to Marriage Registrar when gre party i @ minor — one of the persons intending marriage is a minor, every Minister recei shall, unless within twenty four hours after its receipt returns the same und of Section 13, sent by the post or otherwise a copy of such notice of the district, of, if there be more than one Registrar of suc Marriage Registrar. Whey VINg the Noticg er the provision, 'o the Marriage Regis ra h district, to the Seniy PY Of the said notice tobe | Provided — '. that no such centficate shall be issue date of the receipt of the notice by such Minister; 2 that no lawful impediment should not be issued: and ‘d until the expiration of four days after be shown to his Satisfaction why such cerifc" . atte Not been forbidden, in manner herein Mentioned, by any person authorised in ther behalf. 18. Declaratio shall not be before the m before issue issued until one Minister and made a sole (4) That he or she believes that there other lawful hindrance to the Parties is or are a minoy (b) That the consent jon 7 Of certificate — The certificate mentioned in ae of the persons intending Marriage has appeared pel mn declaration — afin 's Not any impediment of kindred or aff said man t ; th ol Tage, and, when either or bol! OF minors a there 5 pene ctts fequired by aw has or have been obtained or that there is. NO person resident in Ing as the case may be. const | idia having authority to give such CO™ |THE | NDIAN CHRISTIAN MARRIAGE AGT. gy 19. Consent of father, or guardian, or moth rine father be dead, the guardian of the perso n guardian, then the mother of such minor o o suc india A 30, Power fo prohibit by notice issue of certificate — Ey gariage is tequired under Section 19 is hereby authorised to proniby ne consent ; ised to prohibi ‘fafcate bY any Minister, at any time before the issue of the eae eee * ice in writing bscribed by thi jweh Minister, subscribed by the person so authorised with his gjabode and position with respect to either of the persons ie eee and place siwhich he or she is so authorised as aforesaid. riage, by reason 21, Procedure on receipt of notice — If any such notice be recei re shall not issue his certificate and shall not solemnize the Saami ihe ‘hanined into the matter of the said prohibition, and if satisfied that the person prohibiting ‘te marriage has no lawful authority for such prohibition, or until the said notice 5 vithdrawn by the person who gave it. 22. Issue of certificate in case of minority — When either of the persons intending nariage is a minor, and the Minister is not satisfied that the consent of the person whose ‘onsent to such marriage is required by Section 19 has been obtained, such Minister shall notissue such certificate until the expiration of fourteen days after the receipt by him the notice of marriage. 23. Issue of certificate to Indian Christians — When any Indian Christian about to be nanied takes a notice of marriage to a Minister of Religion or applies for a certificate ‘om such Minister under Section 17, such Minister shall, before issuing the certificate, ‘certain whether such Indian Christian is cognizant of the purport and effect of the said otice or certificate as the case may be, and, if not, shall translate or cause to translate, te notice or certificate to such Indian Christian into some language which he understands. __24.Form of certificate — The certificate to be issued by such Miniter shal be in the um contained in the Second Schedule hereto annexed, or to the like effect. igsue of the certificate by the Minister, yn therein described according to such om Solemnization of marriage — After the form ge may be solemnized between the person 11 of ceremony as the Minister thinks fit to adopt: Provided that the marriage be solemnized in the presence of at | ‘es the Minister. ing — Whenever @ i! viet Certificate void if marriage not solemnized within oe ee parse issued DY suey Be is not solemnized within two months, after the date o! i oy thereon ‘shall be ‘ug. litister as aforesaid, such certificate and all proceeding (I an aererotice has vec no person shall proceed to solemnize the said marriage siven and a certificate thereof issued in manner aforesal least two witnesses besirawr AY eg a2 IL I A gemnized by Ministers of Rel jages hereatter sole, Aly mart Chricge ermnizy ed — A ss the Chri eq 5 be este esses or profess t it istian eligi, iy by of whom mn vi of this Act, shall be registergg im tt or 4 ved under Part V i; jemniz nized by Clerayman Of Church oj 7 sion of marriages SOT hall keep a Fegister Of mariage "Mn, risiral : EI a es a ne char of Em set oth inthe this Schedule heyy ty, Min marmages slemnie hereinafter prescribe os ser 28, Registration Every Clergyman of ant ‘ vier therein according 10 tne (al nes under this Act ey bi hich he solemn very Clergyman of the Churg every marriage to archaeaconrs — Fe thenticated bye? fey co ure year re ed at any place where he in Senay shall send four ages sO any place whe any the entries in the register 7 ae onry to which he is subject or within the ne charge, to the Registrar ‘ js situated. i of which such place is aah quarterly returns shall contain all the entries of Contents of returns — day of January to the thirty first day "¥, conned in tesa ete om et ie fal don or ay trom the fst day of ABN oT tm the fist day of October to the thiny jn? thirtieth day of September ane to and shall be sent by such Clergyman s4‘2a December, of each year respectively, an on eee with weeks from the expiration of each of the quarters al pt . The sai Registrar pon receiving the said returns shall send one copy there, the Registrar General of Births, Deaths, and Marriages. 30. Reisration and retus of mariages solernized by Clergyman of Chueh, Rome ~ Every mariage solemnized by 2 Clergyman of the Church of Rome sia registered bythe person and acordng othe form directed in that behalf bythe Rng Catholic Bishop of the Diocese or Vicariate in which such a marriage is solemnind a such person sal forward quarter tothe Registrar General of Births, Deaths and lias returns of the entries of all marriages registered by him during the three months of next proceeding. 31. Registration and returns of marriage solemnized by Clergyman of Chur é Scotland — Every Clergyman ofthe Church of Scotland shall keep a register of marta | and shal register therein, according to the tabular form set forth in Third Schedule bee ber gitar Gai which he solemnizes under this Act and shall forward qua! tor rv feasay Genel of Bith, Deaths and Marriages, through the Senior Chapa’ os " Teluns, similar to those prescribed in Section 29, ofa r n dup Every marriage sole and, or of the Chur dination, but who is not a Clergymaa east under this Act to solemnize marr’ °! Rome, or by any Minister of Religion ice, be registered in apa tte Sal Immediately after the solemnization mt marriage register book 1 be f Solemnizing the same; (that is 10 59) in the Fourth s PI by him fo ing con a rat Schedule hereto annexed, in that purpose according to the form mari a counterfe also in a certificate attached t0 thTHE INDIAN CHRISTIAN MARRIAG; / , E ACT, 1872 228 5 of such marriage: e . Entries of such marriages to be signed and attested — 1 inne certificate and marriage register book shall be sana bye pease rannd ie iage all be signe © person sole ! attested by two credible mes, other than the person solemnizing the every such entry shall be made gine number of the certificate ister BOOK: * 34, Certificate to be forwarded to Marria; ea The person solemnizing the mar Be Registrar, copied and sent to Registrar riage shall forthwith se i e regis riage shi parate the certificate am the marriage register book and send it, within one month from the time of the ojemnization, to the Marriage Registrar of the district in which the marri ge was solernnized. if there be More Marriage Registrars than one, to the Senior Marriage Registrar, who nalj cause such certificate to be copied into a book to be kept by him for that purpose ¢ shall send all the certificates which he has received during the month with such qumber and signature or initials added thereto as are hereinafter required, to the Registrar General of Births, Deaths and Marriages. : 38. 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 ofthe certificates as copied and also a number to be entered by the Marriage Registrar, indicating the number of the entry of the said copy in the said book, according to the order in which he receives each certificate. Marriage, present at the solemnization in order from the beginning to the end of the book shall correspond with that of the Ininetear entry in the marriage 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 Native 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, ‘nstead of preceding 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 ‘eaves the district in which he solemnized the marriage before the said book is filled, shall lake over the same to the person succeeding to his duties in the said district. book — Whoever has the control of the book at the he Marriage Registrar of the district, or if there be ‘egistrar, who shall forward it to be kept by him with the time uStody and disposed of register “ne when it is filled, shall send it to t i ae Marriage Registrars than one, to the Senior Marriage R he Registrar General of Births, Deaths and Marriages, “cords of his office. CTT Marriages solemnized by or in the Presence of, a Marriage Registrar before Marriage Registrar — When a marriage is presence of, a Marriage Registrar, of the parties. form contained in the First Schedule nents Notice of intended marriage Io «ded to be solemnized by, oF in the uch marriage shall give notice in writing in the fFAMILY LAW « like effect, to any Marriage Registrar of the district yy, hereto annexed, or to the like effect, to al II in different districts, shaiy ati | e parties dwel * parties have dwelt, or, if the par ent dis ns the partis rar of each district and shall state therein the name ang." , | notice to a Marriage Re 7 oT i and the profession of condition, of each of the parties intending marriage, jn Ws : i place of each of them, the time during which each has dwelt therein, and the my which the marriage is to be solemnized el Provided that, if either party has dwelt in the place stated eee for Mote ‘one month, it may be stated therein that he or she has dwelt there one mont! upwards. al 39. Publication of notice — Every Marriage Registrar shall, on receivin, notice, cause a copy thereof to be affixed in some conspicuous place in.his gif," /hen one of the parties intending marriage is a minor, every Marriage ja oa na en four hours after the receipt by him of the notice of such may send by post or otherwise, a copy of such notice to each of the other Marriage Rey (if any) in the same district, who shall likewise affix the copy in some conspicuo,s in his own office. 40. Notice t0 be filed and copy entered in Marriage Notice Book — The Yay, Registrar shall file all such notices and keep them with the records of his office, any’ tig st, Diag m wi ; dst also forthwith enter a true copy of all such notices in a book to be furnished to hie that purpose by the Provincial Government, and to be called the “Marriage Notice fy | and the Marriage Notice Book shall be open at all reasonable times, without fee, 4, persons desirous of inspecting the same. 41. Certificate of notice given and oath made — If the party by whom the notice ys | siven requests the Marriage Registrar to issue the certificate next hereinafter mention, | and if one of the parties intending marriage has made an oath as hereinafter requie: the Marriage Registrar shall issue under his hand a certificate of such notice having be: given and of such oath having been made: Provided — — that no lawful impediment be shown to his satisfaction why such certifi should not be issued; — that the issue of such certificates has not been forbidden, in a manner hereal mentioned, by any person authorised on 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 mara’ is a minor, fourteen days after the entry of such notice have expired. 42. Oaih before issue of certificate — The certificate mentioned in section 4 s* not be issued by any Marriage Registrar, until one of the parties intending marriage app?" Personally before such Marriage Registrar, and makes oath: (@) that he or she believes that there is not any impediment of kindred or afin other lawful hindrance, to the said marriage, and (6) that both the parties have, or (where they have dwelt in the districts of dilfe™” Marriage Registrars) that the party making such oath has, had their, his! "i usual place of abode within the district of such Marriage Registrar, and. either or each of the parties is a minor —THE INDIAN CHRISTIAN MARRIAGE act 1872 consent or consents to such marriage i : . ) that ae) thereto, or that there is no per ge required by law has or have been © optal ol Ts0n resi : i i aingnsent, as the case may be. ident in India authorised to give suc! petition 10 High Court to order certificate in tess 1h 48 ies intending Marriage is a minor, and both such parties are at the lime resident ine Po'ine towns of Calcutta, Madras and Bombay, and are desirous of being married a ol in fourteen days after the entry of such Notice as aforesaid, they apply by es Ma Judge of the High Court, for an order upon the Marriage Registrar to whom ‘e of marfiage has been given, directing hi i a im to issue his certificate before the f the said fourteen days required by Section 41 227 han fourteen days — When one of ratio” 7 er on petition — And on sufficient cause being shown, the s Judge may, in his make an order upon such Marriage Registrar, directing him to issue his certificate to be mentioned in the said order before expiration of the fourteen days so cretion pany tHMe eure: and the said Marriage Registrar on receipt of the said order, shall issue his certificate jecordance therewith 44. Consent of father or guardian — The prov cortiage under this Part, either of the parties which ions of Section 19 apply to every is a minor. Protest against issue of certificate — And any person whose consent to such marriage vould be required thereunder may enter a protest against the issue of the Marriage egistar’s certificate by writing, at any time before the issue of such certificate, the word ‘iobidden” opposite to the entry of the notice of such intended marriage in the Marriage Notice Book and by subscribing thereto his or her name and place of abode, and his or ter position with respect to either of the parties, by reason of which he or she is so authorised. Effect of protest — When such protest has been entered, no certificate shall be ‘sued until the Marriage Registrar has examined into the matter of the protest, and is satisfied that ought not to obstruct the issue of the certificate for the said marriage, or tat the protest be withdrawn by the person who entered it 45. Petition where person whose consent is necessary is insane, or unjustly withholds (nsent — If any person whose consent is necessary to any marriage under this Part is unsound mind. omer if any such person (other than the father) without just cause withholds his consent Aue marriage, the parties intending marriage may apply by petition, where the person ee consent is necessary is a resident within any of the towns of Calcutta, Madras tm Bombay, to a Judge of the High Court, or if he is not a resident within any of the said "s:then the District Judge. Procedure o, © ca Nn petition — And the said Judge of the High Court or District Judge as Se 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 Ourt or 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 ‘ad consented to the marriag:228 FAMILY LAW © and, if he has forbidden the issue of the Marriage Registrar's certificate, gy, certificate shall be issued and the like proceedings may be had under yy? in relation to the marriage as if the issue of such certificate had not been forbigae 46. Petition when Marriage Resistrar refuses certificate — Whenever a Marriage Regi, refuses to issue a certificate under this Part, either of the parties intending marriage .“* apply by petition, where the district of such Registrar is within any of the towns of Cajgyn’! Madras and Bombay, to a Judge of the High Court, of if such district is not within any the said towns, then to the District Judge. * Procedure on petition — The said Judge of the High Court or District Judge as case may be, may examine the allegations of the petition in a summary way, ang gat decide thereon. The decision of such Judge of the High Court or District Judge, as the case may shall be final, and the Marriage Registrar to whom the application for the issue gr, certificate was originally made shall proceed in accordance therewith. 47. Petition when Marriage Registrar in an Indian State refuses certificates (Omittey by A.L.O. 1950). 48. Petition when Registrar doubts authority of person forbidding — Whenever , Marriage Registrar, acting under the provisions of Section 44, is not satisfied thatthe person forbidding the issue of the certificate is authorised by law to do 50, the saig Marriage Registrar shall apply by petition, where his district is within any of the towns | Calcutta, Madras and Bombay, to a Judge of the High Court, or, if such district be nol 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 same Judge of the High Court or 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 authorised by law to do so, such a 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 authorised as aforesaid; * and thereupon such certificate shall be issued, and the like proceedings may be had in relation to such marriage as the issue had not been forbidden. 49. Liability for frivolous protest against issue of certificate — Every person entering protest with the Marriage Registrar, under this Part, against the issue of any certificat ‘on grounds which such Marriage Registrar, under Section 44, or a Judge of the High Cout or the District Judge under Section 45 or 46, declares to be frivolous and such as oust! not to obstruct the issue of the certificate, shall be liable for the costs of all proceeding in relation thereto and for damages, to be recovered by suit by the person against whos marriage such protest was entered 50. Form of certificate — The certificate to be issued by the Marriage Registrar unde’ the provisions of Section 41 shall be in the form contained in the Second Schedule !0 Act annexed or to the like effect, and the State Government shall furnish to every Matt Registrar a sufficient number of forms of certificateTHE INDIAN CHRISTIAN MARRIAGE acy 187: s1, Solemnization of marriage after issue of certifica jcate of the Marriage Registrar ot, where notice ire ic Is, afte og stl farriage Registrars for different distnc ye Ma ge Registrars for such districts — Alter the issue s required to be given us er the issue of th iii nder this Act ates of the ti varriage may, if there be no lawful im, certificate or Certificates, be sole, cent Pediment to the Marriage of the parties described Mnized between them wee as they think Mt to saee etween them, according to such forts * very such marriage shall be sol i put every such: s Solemnized in the presence of some Marriage gjtat (to whom shall be delivered such certificate or Certificates as aforesaid) ana very more credible witnesses besides the Marriage Registrar a And in some part of the ceremony, each of the Parties shall declare as follows. or to ge like effect: “Ido solemnly declare that | know not of any lawful impediment why 1, A.B. may ("| be joined in matrimony to C.D." EE like effect *é | _ ‘Icall upon these persons here present to witness that LLA.B., do take thee, C.D. to vemy lawful wedded wife (or husband).” ss ss r——r—i—‘_CS—SC—C—COC_CN™N notice | equred = Wh “ |senotice has been entered by the Marriage Registrar, ah pand the certificate, if any, issued thereupon and all other proceedings thereupon id; and no person shall proceed to solemnize the marriage, nor shall ny , until a new notice has been given, and entry made fhe time and in the manner aforesaid, iy ask for particulars to be registered — A Marriage Registrar solemnized under this part may ask of the persons to be ¢ several particulars required to be registered in such marriage + | ,, 4 Registration of marriage solemnized under Part V — After the solemnization of » |) mar innmattiage under this Part, the Marriage Registrar present at such solemnization shall + | cont fegister the marriage in duplicate; that is to say, in a marriage register book cequB (0 the form of the Fourth Schedule thereto annexed and also in a certificate “ached to the marriage register book as a counterfoil. caye'® €MIry of such marriage in both the certificates and the marriage register book cctt ibned by the person by or before whoin the marriage has been solemnized. i +r’ ty such person, and by the Marriage Registrar present al such martiage, whether van '5 Solemnized by hint and also by the parties married, and attested by (wo “ble witnesses other than the Marriage Registrar and person solemnizing the marriage : e bey ¢ end of the book “aye” Such entry shall be made in order from eras ieee "Wste ay er Of the certificates shall correspond with tha as required by Section 40 the 53. Marriage Registrar ma | | *ore whom any marriage is | Satie’ the : : e Registrar ‘on nQtes (0 be sent monty to Registrar General — The Manage Kear “da qutith Separate the cerlffcate from the marriage registet book at es “ery month, to the Registrar General of Births, Deaths and Martiag ~20 FAMILY LAW Custody of register book — The Marriage Registrar shall keep safely the said 1, book until iti filed, and shall then send ito the Registrar General of Births, Deayyy Marriages, to be kept by him with the records of his office ng $6. [Officers to whom Registrars in Indian States shall send certificates] (Omitted, ALO. 1950) y 57. When any Indian Christian about to be married gives @ notice of marriage, applies for a certificate from a Marriage Registrar, such Martiage Registrar shall ascey, whether the said Indian Christian understands the English language, and, if he dogs a” the Marriage Registrar shall translate, or cause to be translated, such notice or CeMtificay or both of them, as the case may be, to such Indian Christian into a language Which ie understands; or the Marriage Registrar shall otherwise ascertain whether the Indian Chy isi is cognizant of the purport and effect of the said notice and certificate. fan 58. Indian Christians to be made to understand declaration ~ When any Ing Chastian is married under the provision of this Par, the person solemnizing the mania shall ascertain whether such Indian Christian understands the English language, ange he does not, the person solemnizing the marriage shall, a the time of the solemnization translate, or cause to be made at such marriage in accordance with the provision oft, 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 lag down in Section 37 (so far as they are applicable), and not otherwise. CAAA eases eT Marriage of Indian Christians 60. On what conditions marriage of Indian Christians may be certified — Every marriage between Indian Christians applying for a certificate shall, without the preliminary notice required under Part Ill, 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 sil 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 ! Almighty God, and in the name of our Lord Jesus Christ, do take thee, C.D., to be ™ lawfully wedded wife or husband” or words to the like effect: 61. Grant of certificate — When in respect to any marriage solemnized under tis Patt, the conditions prescribed in Section 60 have been fulfilled, the person licensed # aforesaid in whose presence the said declaration has been made, shall, on the applical™ of either of the parties to such a marriage, and on the payment of a fee of four arm grant a certificate of the marriageTHE INDIAN CHRISTIAN MARRIAGE ACT 1872 e ye cemilicate shall be signed by such licensed person, and shall be received in any ring the validity of such a marriage asa conclusive proof ofits having performed oil keeping of register book and deposit of extracts therefrom with Registrar General ‘very person licensed under Section 9 shall keep in English, or in the vernacular (Ein ordinary use in the district or State in which the marriage was solemnized ata ch form as the State Government by which he was licensed may from time 10 on cribed, a register book of all marriages solemnnized under this Part in his presence all deposit in the office of the Registrar General of Births, Deaths and Marriages. oS errtories under the administration of the said State Government in such form and jo intervals as that Government may prescribe, true and duly authenticated extracts sits register book of all entries made therein since the last of those intervals ‘2 gy (Omitted by A.O. 1950). 43, Searches in register book and copies of entries — Every person licensed under Act to grant certificates of marriage, and keeping a marriage register book under 62, shall, at all reasonable times, allow search to be made in such book, and ment of the proper fee, give a copy, certified under his hand, of an entry tion Spl, on pay prerein ‘64. Books in which marriage of Indian Christians under Part I or Part Ill are registered __ the provision of Sections 28 and 62 63 as to the form of the register book, depositing Saraets therefrom, allowing searches thereof, and giving copies of the entries therein, ‘tall mutatis mutandi apply to the books kept under Section 37 65, Part VI not to apply to Roman Catholics. Saving of certain marriages — This Part this Act, except so much of Sections 62 and 63 as are referred to in Section 64 shall pat apply to marriages between Roman Catholics. But nothing herein contained. shall jmvalidate any martiage celebrated between Roman Catholics under the provisions of at of V of Act No. XXV of 1864 previous to the twenty third day of February, 1865. HAN DL rare vo TT Penalties False oath, declaration, notice or certificate for procuring marriages — Whoever, 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 a Church being the Church of England or of Scotland or Rome, makes ‘false oath or declaration, or * See also Marriage Validation Act, 1872 The words “twenty one years" substituted for the words “fifteen years” and the ‘words “eighteen years” substituted for the words “fifteen years” by the Child Marriage Restraint (Amendment) Act 1978 (Act Il of 1978) coming into force with effect from 1.1.78 The provision omitted by the Child Marriage Restraint (Amendment) Act, 1978. cenit), WHEFE @ notice oF certificate is required by this Act, signs a false notice or ‘ilficate, shall be deemed to have committed the offence punishable under Section 193294 FAMILY LAW of the Indian Penal Code, with imprisonment of either description for a terry C Y Whi, extend to three years and the discretion of the Court, with fine i" 67. Forbidding by false personation, issue of certificate by Marriages Re Whoever forbids the issue, by a Marriage Registrar, of a certificate, by falsely rey, himself to be a person whose consent to the marriage is required by law ney “iy believing such representation to be false, oF not having reason to believe jx, 4." shall be deemed guilty of the offence described in Section 205 of the Indian Peja" (43 of 1860) iy 68. Solemnizing marriage without due authority — Whoever, not being ayy, by Section 5 of this Act to solemnize marriages, solemnizes or professes to Solem)! the absence of a Marriage Registrar of the district in which the ceremony takes gi "** marriage between persons one or both of whom is or are a Christian or Chy : ma be punished with imprisonment which may extend to ten years, oF (in lieu of a sen of imprisonment for seven years or upwards) with transportation for a term of yy* 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 kno and willfully solemnizes a marriage between persons one or both of who is oy Christian or Christians, at any time other than between the hours of six in the mn: and seven in the evening, or in the absence of at least two credible witnesses other the person solernnizing the marriage, shall be punished with imprisonment fora tex which may extend to three years, and shall also be liable to fine. Saving of marriages solemnized under special license: This section does not ay to marriage solemnized under special licenses granted by the Anglican Bishop of ty Diocese or by his Commissary, not to the marriage performed between the hous ¢ seven in the evening and six in the morning by a Clergyman of the Church of Rome, utes he has received the general or special license on that behalf mentioned in Section |i ae Nor does this section apply to marriages solemnnized by a Clergyman of the Chuet of Scotland according to the rules, rites, ceremonies and customs of the Church of Scotian. 70. Solemnizing without notice or within fourteen days after notice, marriage wit @ minor: Any Minister of Religion licensed to solemnize marriages under this Act whe without a notice in writing or when one of the parties to the marriage is a minor, andthe required consent of the parents or guardians to such marriage has not been oblaine within fourteen days, after the receipt by him of notice of such marriage, knowingly at willfully solemnizes a marriage under Part Ill, shall be punished with imprisonment fo term which may extend t@ three years, and shall also be liable to fine. Issuing certificate or marrying without publication of notice; A Marriage Regist! under this Act who commits any of the following offences: (1) Knowingly and willfully issues any certificate for marriage, or solemmizes marriage, without publishing the notice of such marriage as directed by this (2) Marrying after expiry of notice: After the expiration of two months after ' of the notice has been entered, are required by Section 40 in respect marriage, solemnizes such marriage . (3) Solemnizing marriage with a minor within fourteen days without autor Court; or without sending copy of notice: Solemnizes, without any ord j competent authority before the expiration of fourteen days after the rec*THE INDIAN CHRISTIAN MARRIAGE ACT, 1872 ee 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 he himself be not the Senior Marriage Registrar; (4) Issuing Certificate against authorised prohibition: Issues any certificate, the issue of which has been prohibited, as in this provided, by any person authorised 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 a fine. 72. Issuing certificate after expiry of notice, or in case of minor, within fourteen days ner notice, or against authorised prohibition: Any Marriage Registrar knowingly and willfully issuing any certificate for marriage after the expiration of two months after the notice has een entered by him as aforesaid; or knowingly and 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 of any certificate the issue of which has been forbidden as aforesaid by any person authorised in this behalf; shall be deemed to have committed an offence under Section 166 of the Indian Penal Code 73. Persons authorised to solemnize marriage (other than Clergy of Churches of England, Scotland or Rome): Whoever, being authorised under this Act to solemnize a marriage, and not being a Clergyman of the Church of England, solemnizing a marriage after due publication of bans, or under a license from the Anglican Bishop of the Diocese or a Surrogate duly authorised in the behalf, 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 the Church Issuing certificate or marrying without publishing notice or after the expiry of certificate: Knowingly and willfully issues any certificate for marriage under this Aet or solemnizes any marriage between such persons as aforesaid, without publishing or causing to be affixed, the notice of such marriage as directed in Part Ill 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 atter notice: Anyone knowingly and willfully issuing any certificate for marriage, or solemnizes 4 marriage between such persons when one of the persons intending marriage is a minor, before the expiry of fourteen days after the receipt of such marriage notice or without sending itby the post or otherwise, a copy of such notice to the Marriage Registrar. or if here he more Marriage Registrars than one, to the Senior Marriage Registrar of the district : Issuing certificate is authorised forbidden: Or knowingly and willfully issues any certificate i ie of which has been forbidden, under this Act by any person authorised to forbid sue, Solemnizing marriage authorised forbidden: Or knowingly and willfully solemnizes any marriage forbidden by any person authorised to forbid the name; shall be punished wi a ha easenmenn for a term of which may extend to four years and shall also be liableFAMILY LAW eine Lnlicensed person granting certificate pretending to be licensed: Who ing licensed to grant a certificate of marriage under Part VI of this Act, granu certificate intending thereby to make it appear that he is so licensed, shal ha with imprisonment for a term which may be extended to five years, and shar pu"'Sheg_ with i + aNd shall be gt Whoever, being licensed to grant a certificate of marriage under Part VI of without just cause refuses, or willfully neglects or omits, to perform any of the Aer imposed upon him by the Part shall be punished with fine which may exteng js hundred rupees. "0 one 75. Destroying or falsifying Register books: Whoever, by himself or another, win) destroys or injures any Register book or the counter foil certificate thereof, or any authent extract therefrom or falsely makes or counterfeits any part of such Register boo,,'! counterfoil certificates or willfully inserts any false entry in such Register book or count certificate or authenticated extract, shall be punished with an imprisonment for a no which may extend to seven years and shall also be liable to a fine. 76. Limitation of prosecution under the Act: The prosecution for every offence punishap under this Act shall be commenced within two years after the offence is committed CTT ever vee TTT MISCELLANEOUS 77. What matters need not be proved in respect of marriage in accordance with Ac. 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, namel 1. any statement made in regard to the dwelling of the persons married or to the consent of any person whose consent to such a marriage is required by law; term 2. the notice of the marriage; 3. the certificate or translation thereof; 4, the time and place at which marriage has been solemnized; 5. the registration of the marriage. 78. Correction of errors: Every person charged with the duty of registering any marriage, covers any error in the form or discovery of such error, in the presence of the persons married, or, in case of their death or absence, in the presence of two othe predible witnesses, correct the error, by entry in the margin, without any alteration ofthe original entry, and shall sign the marginal entry, and add thereto the date of such correction — and such person shali 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. , i. ‘And in case such certificate has been already sent to the Registrar General of Lea Deaths and Marriages, such a person shall make and send in the manner 4 sera? certificate of the original erroneous entry and of the marginal correction therein whoTHE INDIAN CHRISTIAN MARRIAGE ACT. a7 . 235 searches and copies es entries — Every pe sed hereby required to register the same ach Ace ery Marriage Registrar to Registrar Gene mW nde" jody for the time being of any register Ee Sree ene aamatnnges mine c A rae 8 y er of marriages or of any certificate, ¢ ite Gr copies Of certificate, under this Act, shall on paneer oo any cemtificate, or wricate OF Cotes, allow searches to be rack ® Payment of the proper fees, at p b made in such register, or fur such certificate sonal i plate or copies and Bie a copy under his hand of any entry in the same. w S49. certified copy of entry in marriage register, etc., to be evidence — Every certified urporting to be signed by the person entrusted under this Act with the custody op Tnartiage register of certificate, or duplicate, required to be kept or de! d under datct, of an entry of a marriage purporting to be so entered of the facts purporting to a certified therein, without further proof of such register or certificate or duplicate or ae entry therein, respectively, or of such copy. gi. Certificates of certain marriages for secretary of State for India — The Registrar eral of Births, Deaths and Marriage shall, at the end of every quarter in each year. ect, rom the certificates of marriage forwarded to him, during such quarter, the certificates ithe marriage for which the Government by whom he was appointed may desire that adence shall be transmitted to England, and shall send the same certificates, signed by fm to the Central Government. 82. State Government to prescribe fees — Fees shall be chargeable under this Act for _ ceiving and publishing notices of marriages; TSon solemnizing a marriage under Issuing certificates for marriage by Marriage Registrars, and registering marriages by the same; Entering protests against, or prohibitions of, the issue of certificates for marriage by the said Registrars; Searching register book or certificates, or duplicates, or copies thereof; Giving copies of entries in the same under Sections 63 and 79. The State Government shall fix the amount of such fees respectively, and may from ‘ime to time very or remit them either generally or in special cases, as to it may seem fit 83. Power to make rules — (1) The State Government may make rules in regard to ‘he disposal of the fees mentioned in Section 82, the supply of register books and the Preparation and submission of returns of marriages solemnized under this Act. (2) Every rule made by the State Government under this section shall be said, as ‘oon as may be after it is made, before the State Legislature. 84. [Power to prescribe fees and rules for Indian States.] (Omitted by A-L.O. 1950). noua te to declare who shall be District Judge a The a coca may, Py ®plies Belae the Official Gazette, declare who shall in any place » be deemed to be the District Judge. 86. [Powers and functions exercisable as regards to Indian State.| (Omitted by A.L.0. 1950). i 87. Saving of Consular marriages — Nothing in this Act applies to any marriage he etd by any Minister, Consul or Consular Agent between subjects of the State which © rey y Presents and according to the laws of such State.236 FAMILY LAW 88. Non-validation of marriage within prohibited degrees ~ Nothing in this neg be deemed to validate any marriage which the personal law applicable to either Parties forbids him or her to enter into, ie SCHEDULE 1 (See Sections 12 and 38) NOTICE OF MARRIAGE To a Minister [or Registrar] of U hereby give you notice that a marriage is intended to be had, within three calendar von from the date hereof, between me and the other party herein named and described (that ig yo 04 Name | Martha Green James Smith Condition Spinster Widower Rank of profession - Carpenter Age Minor | OF full age Dwelling place 20 Hastings Street 16 Clive Street Length of residence More than a month | 23 days which the marriage is to be solemnized, Disirict in which the other part resides when the parties dwell in different districts Church, chapel or place of worship in | For Church of Scottand Church Calcutta Witness my hand, this, day of seventy-two (signed) James Smith SCHEDULE I (See Sections 24 and 50) CERTIFICATE OF RECEIPT OF NOTICE |, do hereby certify that, on the day of __ ___, notice was dul entered in my Marriage Notice Book of the marriage intended between the parties thereit named and described, delivered under the hand of, one of the parties (that is to say) Name | Martha Green J James smith Condition Spinster Widower Rank of profession Carpenter Age Minor OF full age Dwelling place 20 Hastings Street 16 Clive Street Length of residence More than a month | 23 days Church, chapel or place of worship in which | the marriage is to be solemnized, District in which the other part resides when the parties dwell in different districts | For Church of Scott Church, CalcuttaTHE INDIAN CHRIS TIAN MARRI AGE ACT. 1 OT, 1872 geciaration, or oath required by Se the 7 f 1872 eer the 45579 (15 of 1872), has been duly tions 17 oF Sect ft se y imadeny ions 47 of the Indian Christian \ orice entered. the seid lames Smith). jy ni te given. pt Oy certinicay at of we The issue of w of this certificate ha ee icale has not been prohibited S seventy two. ‘ (Signed) . Il be void, unl i < certificate wi , unless the marriage i i sis € ‘age is solemnized on or before the day in the Schedule are to fill ne italics # Up, as the case may say to ve elle UP when one of the parties lives in another aise). Drank vision tnereot f° SCHEDULE III (See Section 28 and 34) FORM OF REGISTER OF MARRIAGES Quarterly Returns of Marriages The Archdeaconry of (for Calcutta, Madras, Bombay) L __ Registrar of the Archdeaconry of Calcutta, Madras, Bombay, do hereby certify nat geannexed are correct copies of the originals and Official Quarterly returns of Marriage within the me amaconry of Calcutta, Madras, Bombay, as made and transmitted 0 Te for the quarter commencing the wun day of ending the day of in the year of Our Lord. (Signature of Registrar) MARRIAGES solemnized at, Allahabad Barrackpore, Registrar of the Archdeaconry of, Calcutta Bareilly Madras Calcutta, etc., ete., Bombay When Married| Name of Parties | | Day Age marriage surname a \ | | | Christian — = 3 2 Father's name and by banns or licence witnesses present : ee 32 2: 2g Sw os 83 ge ae as Rank or Profession Signature of the parties Signature of two or more Residence al the time ofvo. Year Dav] Month Married in the FAMILY LAW SCHEDULE IV ¢ Sections 32 and 34) (Se MARRIAGE REGISTER BOOK Condition | Rank or | Residey Vame of Parties | Age Christian name Surname | Profession| at the time| ihe | lor marnage| Rel sa James White fa Widower | Carpenter Martha Duncan | 17 years) Spinster - ian | ohn Da, James White John Smith in the presence of us, John Green This Marriage was Solemnized between us Martha Duncan SCHEDULE V Enactments Repealed [Repealed by the Repealing Act 1938 (1 of 1938), Section 2 and schedule} No] When Married | Name of Parties ge | Condition | Rank or Residence | Fathers towstian-name Sun priession| at the time| name a Gran name Sua tint rae : Day Month) Year | | | ; | | | James white |26 years) Widower Carpenter reo jammes—yncan [17 yeas] Sense | — Jon [| 1 — — e John Smith Married in the James WhKE ihe presence of Us : Marvvarsiage Was he Solemnized between US Martha Duncan aoe