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Act Description :

THE TAMIL NADU CHRISTIAN MARRIAGES VALIDATION ACT, 1940

Act Details :-

THE TAMIL NADU CHRISTIAN MARRIAGES VALIDATION ACT, 1940



Tamil Nadu Act 16 of 1940



 



An Act to validate certain marriages solemnized by the Rev. K. the American Baptist Mission in the district of Kistna.



Whereas a licence was granted by the [State Government] on the 4th day of December, 1916 to the Rev. K. Anandam of the American Baptist Mission in the district of Kistna to grant certificates of marriage between Indian Christians under section 9 of the Indian Christian Marriage Act, 1872 (Central Act XV of 1872);



And Whereas on the 13th day of March, 1923 the said licence was revoked by the said Government;



And Whereas after the date of the said revocation the said Rev. K. Anandam continued to solemnize marriages and to grant certificates of marriage up to and including the 1st day of April, 1940 as if the said licence had not been revoked;



And Whereas it is doubtful whether the marriages so solemnized and the certificates so granted and the other acts done by the said Rev. K. Anandam on and from the 13th day of March, 1923 up to and including the 1st day of April, 1940 are valid in law;



And Whereas there is no reason to doubt that the parties to the said marriages believed in good faith that the said Rev. K. Anandam was legally entitled to solemnize marriages and to grant certificates of marriage between the said dates;



And Whereas it is expedient that all such marriages and all certificates of marriage granted and all other acts relating to such marriages or certificates done by the said Rev. K. Anandam should be validated;



And Whereas the Governor of [Tamil Nadu] has, by a Proclamation under section 93 of the Government of India Act, 1935, assumed to himself all powers vested by or under the said Act in the Provincial Legislature;



Now, Therefore, in exercise of the powers so assumed to himself, the Governor is pleased to enact as follows:-



1. Short title. - This Act may be called the [Tamil Nadu] Christian Marriages Validation Act, 1940.



2. Validation of certain irregular marriages, certificates and acts. - All marriages solemnized, all certificates granted and all acts done by the said Rev. K. Anandam on and from the 13th day of March, 1923 up to and including the 1st day of April 1940 which would be valid if the licence granted to him on the 4th day of December 1916 had not been revoked, shall be deemed to be as valid as if he had held the licence under section 9 of the Indian Christian Marriage Act, 1872, on and from the 13th day of March 1923 and up to and including the 1st day of April, 194Q and no such marriage, certificate or act shall be deemed to be invalid by reason only of the fact that the said licence was revoked.



3. Validation of records of the said irregular marriages. - Certificates of marriages validated by section 2 and register-books and certified copies of true and duly authenticated extracts therefrom deposited in compliance with the provisions of the Indian Christian Marriage Act, 1872, shall, in so far as the register-books and extracts relate to such marriages, be received as evidence of such marriages as if such marriages had been duly solemnized under the said Act.


Act Type :- Tamil Nadu State Acts
 
  CDJLawJournal