CHRISTIAN MARRIAGE ACT, 1872
15 of 1872
The law relating to solemnization in India of marriages of persons professing the Christian religion is at present distributed over two English Acts of Parliament and three Acts of the Indian Legislature. The objects of this Bill is to reduce into a smaller compass and simplify the existing law on this subject by the consolidation of the different enactments referred to. and at the same time to amend the law in those matters in which it has been shown to be defective. For example, by Act V of 1865 it is provided that marriages between Native Christians shall Be valid where the ages of the contracting parties are not less than sixteen and thirteen years, respectively, and where they do not stand in relation to each other within the prohibited degrees of consanguinity or affinity. It has been very forcibly represented by the President and several members of the Bengal Christian Association that this provision of the law works injuriously by freeing the children of Native Christian parents from the control which all other pareats can legally exercise over their sons and daughters are the latter have attained their majority. The Bill requires the consent of the parents or guardians of Natice Christian to a marriage between them, where the age of either of the parties about to contract such marriage is less than eighteen years, except in cases in which the minors have been altogether separated from their parents or natural guardians, and by reason of such separation are not properly subject to their control. There is also some ambiguity in regard to the provisions of the law respecting the submission of returns, and the disposal of the records of the registration of marriages solemnized between Native Christians. The Bill lays down distinctly how such marriages are to be recorded in all cases, and provides lor the disposal of the record. It also substitutes for the fixed rates of fees in respect of marriages solemnized by or before Marriage Registrars, a power to the Local Government to regulate such fees and their remission; and lastly, extends the Marriage law to all places within the territories of Native Princes in alliance with Her Majesty, in respect of marriages between British subjects professing the Christian religion."- Gazette of India, 1871, Part V, page 473. An Act to Consolidate and amend the law relating to the solemnization in India of the marriages of Christians. Preamble WHEREAS it is expedient to consolidate and amend the law relating to the solemnization in India of the marriages of persons professing the Christian religion; It is hereby enacted as follows;-
CHAPTER 0: PRELIMINARY:
SECTION 1: Short title:
This Act may be called The [Indian] Christian Marriage Act, 1872. Extent [It extends to the whole of India [except [the territories which, immediately before the 1st November, 1956, were comprised in the States] of Travancore-Cochin, Manipur and Jammu and Kashmir].] Commencement [* * * * * *]
SECTION 2: Enactments repealed:
[Repealed by the Repealing Act, 1938 (I of 1938), S.2 and Schedule.]
SECTION 3: Interpretation clause:
In this Act, unless there is something repugnant in the subject or context,- "Church of England" and "Anglican" mean 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" mean and apply to the Church which regards the Pope of Rome as its spiritual head. "Church" includes any chapel or other building generally used for public Christian worship; ["India'''means the [territories] to which this Act extends.] "Minor" means a person who has not completed the age 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 India converted to Christianity, as well as such converts]; ["'Registrar-General of Births, Deaths and Marriages" means a Registrar-General of Births, Deaths and Marriages appointed under the Births, Death and Marriages Registration Act, 1886.] Karnataka -- For the definition of "Registrar-General of Births, Deaths and Marriages", substitute the following "'Registrar-General of Births, Death and Marriages' means 'the Registrar-General of Births, Deaths and Marriages appointed under the Mysore Registrar-General of Births, Deaths and Marriages Act, 1956', "-Mysore Act 20 of 1956, S. 1- [29-10-1956] r/w Act 31 of 1973, S. 5 [1-11-1973].
PART 1: THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED:
SECTION 4: Marriages to be solemnized according to Act:
Every marriage between persons, one or Marriages 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.
SECTION 5: Persons by whom marriages may be solemnized:
Marriages may be solemnized in [India]-
(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 besolemnized according to the rules, rites, ceremonies and customs of the Church of Scotland;
(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].
SECTION 6: Grant and revocation of licence to solemnize marriages:
The [State] Government, so far as regards the territories under its administration [* * *]. may, by notification in the [0fficial Gazette] [* * *], grant licences to Ministers of Religion to solemnize marriages within such territories [* * * * * *] and may, by a like notification, revoke such licences.]
SECTION 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 or 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. Karnataka.- Substitute the words "District Magistrate "for the words "Magistrate of the district". - Code of Crimincal Procedure (Mysore Amendment) Act (13 of 1965), S. 66 and Schedule (1-10-1965) read with Act 31 of 1973, S. 5 (1-11-1973).
Section 8: Marriage Registrars in Indian States:
[Omitted by A.L.O., 1950.]
SECTION 9: Licensing of persons to grant certificates of marriage between Indian Christians:
The [State] Government [* *] may grant a licence to any Christian, either by name or as holding any office for the time being, authorizing him to grant certificate 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.
PART 2: THE TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED:
SECTION 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 zing a marriage under a special licence permitting him to do so at any hour other 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 or Vicariate in which such marriage is so solemnized, or from such person as the same Bishop has authorized to grant such licence, [or
(3) a Clergyman of the Church of Scotland solemnizing a marriage according to the rules, rites, ceremonies and customs of the Church of Scotland].
SECTION 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 licence 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 the said Bishop from time to time authorizes.
PART 3: MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LICENSED UNDER THIS ACT
SECTION 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 dwlt in tlhe place mentioned in the notice during more than one month, it may be stated therein that he or she has dwelt there one month ana upwards.
SECTION 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 to 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 officate as a Minister in such church, he shall, at his opinion, either return the notice to the person 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 17: Issue of certificate of notice given end declaration made:
Any Minister of Religion consenting or intending to solemnize and 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 certificate 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.
SECTION 18: Declaration before issue of certificate:
The certificate mentioned in (section 17) shall not be issued and 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.
(b) that the consent or consents required by law has or have been obtained thereto, or that there is no person resident in India having authority to give such consent, as the case may be.
SECTION 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 authorized to give such consent be resident in India.
SECTION 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.
SECTION 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 has 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.
SECTION 22: Issue of certificate in case of minority:
When either of the persons 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.
SECTION 23: Issue of certificate to a [Indian] Christians:
When any [Indian] Christian about to be married takes a notice of marriage to a Minister of Religion, or applies for a certificate from such Minster under (section 17), such Minster shall, before issuing the certificate, ascertain whether such [Indian] Christian is cognizant of the purport and effect of the said notice or certificate, as 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.
SECTION 24: Form of certificate:
The certificate to be issued by such Minister shall be in the form contained in the second schedule thereto annexed, or to the like effect.
SECTION 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 caremony as the Minister thinks fit to adopt : Provided that the marriage be solemnized in the presence of at least two witnesses besides the Minister.
SECTION 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.
PART 4: REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION:
SECTION 27: Marriages When to be Registered:
All marriages hereafter solemnized in [India] between persons one or both of whom professes or profess the Christian religion, except marriages solemnized under Part V or Part VI of this Act, shall be registered in manner hereinafter prescribed.
SECTION 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.
SECTION 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 Register of the Archdeaconny to which he is subject, or within the limits of which such places 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 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 week? 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].
SECTION 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 and 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.
SECTION 31: Registration and returns of marriages solemnized 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 anenxed, every marriages 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 Schotland, returns, similar to those prescribed in (section 29), of all such marriages.
SECTION 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 displicate by the person solemnizing the same: (that is to say) in a marraige 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.
SECTION 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.
SECTION 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 Registrar 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 or initials added thereto as are hereinafter required, to the [Registrar-General of Births, Deaths and Marriages.]
SECTION 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 in the said book, according to the order in which he receives each certificate.
SECTION 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].
SECTION 37: Registration of marriages between Indian Christians by persons referred to in clause (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 preceding in the manner provided by (section 28) to (Section 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.
PART 5: MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR:
SECTION 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.
SECTION 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 alter 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.
SECTION 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 such 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.
SECTION 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; ana 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.
SECTION 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 not any impediment of kindered 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 India authorized to give such consent, as the case may be.
SECTION 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, the 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 said order, shall issue his certificate in accordance therewith.
SECTION 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 the 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 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.
SECTION 45: Petition where person whose consent is necessary is insane:
If any person whose consent is necessary to any marriage under this Part is of unsound mind. or unjustly withholds consent;- 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 the towns of Calcutta. Madras and Bombay, to a Judge of the High Court, or if he is, not resident within any of the said towns, then to the District Judge : 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 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 had consented to the marriage: and if he has forbideen 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 the marriage as if the issue of such certificate had not been forbidden.
SECTION 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 a certificate was originally made shall proceed in accordance therewith.
SECTION 47: Petition when Marriage Registrar in Indian State refuses certificate:
[Omitted by A.L.O., 1950.]
SECTION 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 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 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. [* * * * *].
SECTION 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 Judge of the High Court or the District Judge, under (section 45) or (Section 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.
SECTION 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.
SECTION 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 of 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 on 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 to 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]."
SECTION 52: When marriage not had within two months after notice, new notice required:
Whenever a marriage is not solemnized within two months after a 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 somenize 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.
SECTION 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.
SECTION 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 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.
SECTION 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 filled, and shall then send it to the [Registrar General of Births, Deaths and Marriages], to be kept by him with the records of his office.
SECTION 56: Officers to whom Registrars in Indian States shall send certificates:
[Omitted by A. L. 0., 1950].
SECTION 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 to the Marriage Registrar shall otherwise ascertain whether the [Indian] Christian is cognizant of the purport and effect of the said notice and certificate.
SECTION 58: Indian Christians to be made to understand declarations:
When any [Indian] Christian is married under the provisions of this Part, the person solemnizing the 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.
Section 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.
PART 6: MARRIAGE OF A (INDIAN) CHRISTIANS
SECTION 60: On what conditions marriages of Indian Christians may be certified:
Every marriage between [Indian] Christians applying for a 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 b 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 [* * *]
SECTION 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, is whole 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.
SECTION 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 hii register-book of all entries made therein since the last of those intervals. [* * *] ]
SECTION 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 limes, allow search to be made in such book and shall, on payment of the proper fee, give a copy, certified under his hand, or any entry therein.
SECTION 64: Books in which marriages of Indian Christians under Part I or Part III are registered:
The provisions of (section 62) and (section 63), as to the form of the 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).
SECTION 65: Part VI Not to apply to Roman Catholics:
This Part of this Act, except so much of (section 62) and (section 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 1964, previous to the twenty-third day of February, 1865.
PART 7: PENALTIES:
SECTION 66: False oath, declaration notice or certificate for procuring marriage:
[- 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 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 (S.193 of the Indian Penal Code, 1860) with imprisonment of either description for a term which may extend to three years and, at the discretion of the Court, with fine.] [Substituted by Act 2 of 1891, S. 5
SECTION 67: Forbidding, by false personation, issue of certificate by Marriage Registrar:
Whoeverforbids 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 (S.205 of the Indian Penal Code, 1860).
SECTION 68: Solemnizing marriage without the authority:
[ Whoever, not being authorized by (section 5) of this Act to solemnize marriages, solemnizes of professes to solemnize in the absence of a Marriage Registrar of the 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 of imprisonment for seven years or upwards) with transportation for a term of not less than seven years, and not exceeding ten years, [* * *] and shall also be liable to fine]
SECTION 69: Solemnizing marriage out of proper time, 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 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. Savings 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 (section 10)
[Nor does this section apply to marriages solemnized by a Clergyman of the Church of Scotland according to the rules, rites, ceremonies and customs of the Church of Scotland.]
SECTION 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 laible to fine.
SECTION 71: Issuing certificate, or marrying without publication of notice:
A marriage Registrar under this Act, who commits any of the following offences marrying after expiry of notice Solemnizing marriage with minor within fourteen days, without authority of Court or without sending copy of notice.-
(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;
[(2) after 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;]
(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 authorised prohibition;- (4) issues any certificate the issue of which has been prohibited, as in this Act 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 fine.
SECTION 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 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 authorised in this behalf, shall be deemed to have committed an offence under (S.166 of the Indian Penal Code, 1860).
SECTION 73: Persons authorized 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 as marriage after due publication of bans, or under a licence from the Anglican Bishop of the Diocese or a Surrogate duly authorised in that behalf, or, not being a Clergyman of the Church of Scotland, solemnizing as 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 any 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;- knowingly and wilfully issues any certificate the issue of which has been forbideen, under this Act, by any person authorised to forbid the issue; solemnizing marriage authorizedly forbideen - or knowingly and wilfully solemnizes any marriage forbidden by any person authorised 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.
SECTION 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.]
SECTION 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 or 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.
SECTION 76: Limitation of prosecutions under Act:
The prosecution for every offence punishable under this Act shall be commenced within two years the offence is committed.
PART 8 : MISCELLANEOUS:
SECTION 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 (section 4) and 5, it shall not be void merely on account of any irregularly in respect of the following matters, namely
(1) any statement made in regard to the dwelling of the persons 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.
SECTION 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 margins.] 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 in like manner a separate certificate of the original erroneous entry, and of the marginal correction therein made.
SECTION 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 Marriage] 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.
SECTION 80: Certified copy of entry in marriage-register, and c. 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.
SECTION 81: Certificates of certain marriages 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 [the Government by whom he was appointed] may desire the evidence shall be transmitted to England, and shall send the same certificates, signed by [him], to the [Central Government].]
SECTION 82: State Government to prescribe fees:
Fees shall be chargeable under this Act for- receiving and publishing notices of. marriages; issuing [Certificates for marriage] by Marriage Registrars, and registerig marriages by the same; entering protests against, or prohibition 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 Ss. 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 cases, as to it may seem fit.
SECTION 83: Power to make rules:
---
[(l)] The [State] Government [may, by notification in the official Gazette, make rules in regard to the disposal of the fees mentioned in sec. 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 laid, as soon as may be after it is made, before the State legislature.]
SECTION 84: Power to prescribe fees and rules for Indian States:
(Omitted by A.L.O., 1950]
SECTION 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.
SECTION 86: Powers and functions exercisable as regards Indian State:
(Omitted by A.L.O., 1950]
SECTION 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.
Section 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.
SCHEDULE 1: NOTICE OF MARRIAGE:
SCHEDULE
(See and .) . To a Minister [or Registrar of] of I hereby give you notice that a marriage is intended to be had. within three calendar monthsfrom the date hereof, between me and the other party herein named and described (that is to say). ________________________________________________________________ Names [Martha Green] [James Smith] ________________________________________________________________ condition [Spinster.] [Windower.] ________________________________________________________________ Rank of Profession. [........] [Carpenter.] _________________________________________________________________ Age. [Minor. ] [Of full age.] __________________________________________________________________ Dwelling [20, Hastings Street.] [16, Clive [Street.] Place. ___________________________________________________________________ Length [More than a month] [23 dats.] of resi- dence ____________________________________________________________________ Chruch, Cha [Free Church of Scotland Church, Calcutta] ple, or place of worship in which the marriage is to be sole- minized. _____________________________________________________________________ District in which the other party resides, when the parties dwell in dif- ferent dis- tricts. ____________________________________________________________________ Witness my hand. this day of [seventy-two.]. [Signed] JAMES SMITH. [The italics [here in bracketed] in this schedule are to be filled up, as the case may be, and the blank division thereof is only to befilled up when one of the parties lives in another district.] __________________________________________________________________________
SCHEDULE 2: CERTIFICATE OF RECEIPT OF NOTICE:
SCHEDULE (See and ) . I, do hereby certify that, on the day of notice was duly entered in my Marriage Notice Book of the marriage intended between the parties therein named and described, delivered under the hand of one of the parties (that is to say) and that the declaration [or oath] required by or of the Indian Christian Marriage Act, 1872, has been duly made by the said [James Smith]. Date of notice entered The issue of this certificate has not been prohibited by any Date of certificate given person authorised to forbid the issue thereof, Witness my hand, this day of [seventy-two.] [Signed] This certificate will be void, unless the marriage is solemnized on cr before the day of [The italics [here in bracketed] in the schedule are to be filled up, as the case may be, and the blank division thereof is only to be filled up when one of the parties lives in another district.] ________________________________________________________________ Names [Martha Green] [James Smith] ________________________________________________________________ condition [Spinster.] [Windower.] ________________________________________________________________ Rank of Profession. [........] [Carpenter.] _________________________________________________________________ Age. [Minor. ] [Of full age.] __________________________________________________________________ Dwelling [20, Hastings Street.] [16, Clive [Street.] Place. ___________________________________________________________________ Length [More than a month] [23 dats.] of resi- dence ____________________________________________________________________ Chruch, Cha [Free Church of Scotland Church, Calcutta] ple, or place of worship in which the marriage is to be sole- minized. _____________________________________________________________________ District in which the other party resides, when the parties dwell in dif- ferent dis- tricts. ____________________________________________________________________
SCHEDULE 3: FORM OF REGISTER OF MARRIAGES:
SCHEDULE
(See and .) . Quarterly Returns of MARRIAGES. for Calcutta. The Archdeaconry of- Madras. Bombay. Calcutta, I, Registrar of the Archdeaconry of-Madras,-do hereby certify that the annex- Bombay ed are correct copies of the original and official Quarterly Returns of Marriage within the Calcutta Archdeaconry of - Madras, as made and transmitted to me for the quarter commencing Bombay the day of ending the day of in the year of Our Lord. [Signature of Registrar.] Calcutta, Registrar of the Archdeaconry of - Madras. Bombay Allahabad MARRIAGES solemnized at Barrackpore, Bareilly Calcutta,and c.,and c. ____________________________________________________________________________
SCHEDULE 4: MARRIAGE REGISTER BOOK:
SCHEDULE
(See and ). . Married in the James White. John Smith This marriage was solemnized in the presence of us between us Martha Duncan. John Green. ____________________________________________________________________________ Number WHEN MARRIED. NAMES OF Age. Condi Rank Residence Father's PARTIES. tions or pro- at the time name and __________ fession of marr- Surname. Chris- Sur. iage. tian name name ____________________________________________________________________________ Day Month Year. ................ James...White.. 26 Wido- Car- Agra... William Years. wer. Penter. White. Martha Duncan 17 Years Spinster. Agra... John Duncan ____________________________________________________________________________ Married in the James White. John Smith This marriage was solemnized in the presence of us between us Martha Duncan. John Green. CERTIFICATE OF MARRIAGE. ____________________________________________________________________________ Number WHEN MARRIED. NAMES OF Age. Condi Rank Residence Father's PARTIES. tions or pro- at the time name and __________ fession of marr- Surname. Chris- Sur. iage. tian name name ____________________________________________________________________________ Day Month Year. ................ James...White.. 26 Wido- Car- Agra... William Years. wer. Penter. White. Martha Duncan 17 Years Spinster. Agra... John Duncan ____________________________________________________________________________
SCHEDULE 5:
SCHEDULE
Enactments Repealed. [Repealed by the Repeating Act. 1938(1 of 1938), S 2 and Schedule.] |
