The Indian Christian Marriage Act, 1872

THE INDIAN CHRISTIAN MARRIAGE ACT, 1872

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THE INDIAN CHRISTIAN MARRIAGE ACT, 1872 ________ ARRANGEMENT OF SECTIONS ________ PREAMBLE PRELIMINARY SECTIONS 1. PART I THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED 4. Magistrate when to be marriage Registrar. Licensing of persons to grant certificates of marriage between Indian Christians. Notice of intended marriage in private dwelling. Sending copy of notice to Marriage Registrar when one party is a minor.

SECTIONS

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Certificate void if marriage not solemnized within two months. PART IV REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION 27. Registration of marriages solemnized by Clergymen of Church of England. Registration and returns of marriages solemnized by Clergymen of Church of Rome. Registration and returns of marriages solemnized by Clergymen of Church of Scotland. Certain marriages to be registered in duplicate.

SECTIONS

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Certificates to be sent monthly to Registrar General. Registrars to ascertain that notice and certificate are understood by Indian Christians. Indian Christians to be made to understand declarations. Registration of marriages between Indian Christians. PART VI MARRIAGE OF INDIAN CHRISTIANS 60. On what conditions marriages of Indian Christians may be certified.

SECTIONS

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Section 88 — Non-validation of marriages within prohibited degrees. SCHEDULE I

Certified copy of entry in marriage-register, etc., to be evidence. Certificates of certain marriages to be sent to Central Government. State Government to prescribe fees. Power to declare who shall be District Judge. Non-validation of marriages within prohibited degrees. SCHEDULE II.—CERTIFICATE OF RECEIPT OF NOTICE.

THE INDIAN CHRISTIAN MARRIAGE ACT, 1872

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Section 1 — Short title

Section 2 — [Enactments repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule. 3. Interpretation clause

THE INDIAN CHRISTIAN MARRIAGE ACT, 1872 ACT NO. 15 OF 1872 [18th July, 1872.] 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:— PRELIMINARY 1. Short title.—This Act may be called the Indian Christian Marriage Act, 1872. 1 2 3 Extent.— [It extends to the whole of India [except [the territories which, immediately before the 1st 4 5 November, 1956, were comprised in the States] of Travancore-Cochin, Manipur and ***].] 6 * * * * * 2. [Enactments repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938), s. 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; 7 8 [“India”.—means the [territories] to which this Act extends;] “minor”.—“minor” means a person who has not completed the age of twenty-one years and who is not a widower or a widow; 9 * * * * * the expression “Christians” means persons professing the Christian religion; 10 [and the expression “Indian Christians” includes the Christian descendants of natives of India converted to Christianity, as well as such converts;] 1.

[“Registrar General of Births, Deaths and Marriages”.—means a Registrar General of Births, Deaths

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Section 4 — Marriages to be solemnized according to Act

Section 5 — Persons by whom marriages may be solemnized

Section 6 — Grant and revocation of licenses to solemnize marriages

Section 7 — Marriage Registrars

Section 8 — [Marriage Registrars in Indian States.]—Rep., by the A. O. 1950. 9. Licensing of persons to grant certificates of marriage between Indian Christians

1 [“Registrar General of Births, Deaths and Marriages”.—means a Registrar General of Births, Deaths and Marriages appointed under the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886).] PART I THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED 4. Marriages to be solemnized according to Act.—Every marriage between persons, one or both of 2 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. 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 be solemnized 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; 4 (5) by any person licensed under this Act to grant certificates of marriage between [Indian] Christians. Grant and revocation of licenses to solemnize marriages.—The State Government, so far as 6 7 regards the territories under its administration, *** may, by notification in the Official Gazette ***, 8 grant licenses to Ministers of Religion to solemnize marriages within such territories *** and may, by a like notification revoke such licenses.] 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.

Any such license may be revoked by the authority by which it was granted, and every such grant or

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Section 10 — Time for solemnizing marriage

Section 11 — Place for solemnizing marriage

Section 12 — Notice of intended marriage

Section 13 — Publication of such notice

Any such license 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 II TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED 10. Time for solemnizing marriage.—Every marriage under this Act shall be solemnized between the hours of six in the morning and seven in the evening: Exceptions.—Provided that nothing in this section shall apply to— (1) a Clergyman of the Church of England solemnizing a marriage under a special license 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 license in that behalf from the Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is so 1 solemnized, or from such person as the same Bishop has authorized to grant such license, [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.] 11. Place for solemnizing marriage.—No Clergyman of the Church of England shall solemnize a 2 marriage in any place other than a church [where worship is generally held according to the forms of the Church of England], 2 unless there is no [such] church within five miles distance by the shortest road from such place, or unless he has received a special license authorizing him to do so under the hand and seal of the Anglican Bishop of the Diocese or his Commissary. Fee for special license.—For such special license, the Registrar of the Diocese may charge such additional fee as the said Bishop from time to time authorizes. Notice of intended marriage.—Whenever a marriage is intended to be solemnized by a Minister of Religion licensed to solemnize marriages under this Act— one of the persons intending marriage shall give notice in writing, according to the form contained in the First Schedule hereto annexed, or to the like effect, to the Minister of Religion whom he or she desires to solemnize the marriage, and shall state therein— (a) the name and surname, and the profession or condition, of each of the persons intending marriage, (b) the dwelling-place of each of them, (c) the time during which each has dwelt there, and (d) the church or private dwelling in which the marriage is to be solemnized: Provided that, if either of such persons has dwelt in the place mentioned in the notice during more than one month, it may be stated therein that he or she has dwelt there one month and upwards.

Return or transfer of notice.—But if he is not entitled to officiate as a Minister in such church, he

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Section 14 — Notice of intended marriage in private dwelling

Section 15 — Sending copy of notice to Marriage Registrar when one party is a minor

Section 16 — Procedure on receipt of notice

Section 17 — Issue of certificate of notice given and declaration made

Section 18 — Declaration before issue of certificate

Section 19 — Consent of father, or guardian, or mother

Section 20 — Power to prohibit by notice issue of certificate

Section 21 — Procedure on receipt of notice

Return or transfer of notice.—But if he is not entitled to officiate as a Minister in such church, he shall, at his option, either return the notice, to the 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. 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. 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. Issue of certificate of notice given and declaration made.—Any Minister of Religion consenting or intending to solemnize any such marriage as aforesaid, shall, on being required so to do by or on behalf of the person by whom the notice was given, and upon one of the persons intending marriage making the declaration herein after 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. 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 is 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. 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, 8

or until the said notice is withdrawn by the person who gave it.

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Section 22 — Issue of certificate in case of minority

Section 23 — Issue of certificates to Indian Christians

Section 24 — Form of certificate

Section 25 — Solemnization of marriage

Section 26 — Certificate void if marriage not solemnized within two months

Section 27 — Marriages when to be registered

Section 28 — Registration of marriages solemnized by Clergymen of Church of England

Section 29 — Quarterly returns to Archdeaconry

or until the said notice is withdrawn by the person who gave it. 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. Issue of certificates to Indian Christians.—When any [Indian] Christians about to be married takes a notice of marriage to a Minister of Religion, or applies for a certificate from such Minister under 1 section 17, such Minister shall, before issuing the certificate, ascertain whether such [Indian] Christians is cognizant of the purport and effect of the said notice or certificate, as the case may be, and, if not, shall 1 translate or cause to be translated the notice or certificate to such [Indian] Christian into some language which he understands. 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. Contents of returns.—Such quarterly returns shall contain all the entries of marriages contained in the said register from the first day of January to the thirty-first day of March, from the first day of April to the thirtieth day of June, from the first day of July to the thirtieth day of September, and from the first day of October to the thirty-first day of December, of each year, respectively, and shall be sent by such Clergyman within two weeks from the expiration of each of the quarters above specified. 4 The said Registrar upon receiving the said returns shall send one copy thereof to the [Registrar General of Births, Deaths and Marriages].

30. Registration and returns of marriages solemnized by Clergymen of Church of Rome.—

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Section 30 — Registration and returns of marriages solemnized by Clergymen of Church of Rome

Section 31 — Registration and returns of marriages solemnized by Clergymen of Church of Scotland

Section 32 — Certain marriages to be registered in duplicate

Section 33 — Entries of such marriages to be signed and attested

Section 34 — Certificate to be forwarded to Marriage Registrar, copied and sent to Registrar General

Section 35 — Copies of certificates to be entered and numbered

Section 36 — Registrar to add number of entry to certificate, and send to Registrar General

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, 1 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. Registration and returns of marriages solemnized by Clergymen of Church of Scotland.— Every Clergyman of the Church of Scotland shall keep a register of marriages, and shall register therein, according to the tabular form set forth in the Third Schedule hereto annexed, every marriage which he solemnizes under this Act, 1 and shall forward quarterly to the [Registrar General of Births, Deaths and Marriages], through the Senior Chaplain of the Church of Scotland, returns, similar to those prescribed in section 29, of all such marriages. Certain marriages to be registered in duplicate.—Every marriage solemnized by any person who has received episcopal ordination, but who is not a Clergyman of the Church of England, or of the Church of Rome, or by any Minister of Religion licensed under this Act to solemnize marriages, shall immediately after the solemnization thereof, be registered in duplicate by the person solemnizing the same; (that is to say) in a marriage-register book to be kept by him for that purpose, according to the form contained in the Fourth Schedule hereto annexed, and also in a certificate attached to the marriage- register-book as a counterfoil. 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. Certificate to be forwarded to Marriage Registrar, copied and sent to Registrar General.— The person solemnizing the marriage shall forthwith separate the certificate from the marriage-register- book and send it, within one month from the time of the solemnization, to the Marriage Registrar of the district in which the marriage was solemnized, or, if there be more Marriage Registrars than one, to the Senior Marriage Registrar, who shall cause such certificate to be copied into a book to be kept by him for that purpose, and shall send all the certificates which he has received during the month, with such number and 1 signature or initials added thereto as are hereinafter required, to the [Registrar General of Births, Deaths and Marriages]. Registration of marriages between Indian Christians, by persons referred to in clauses (1), 2 3 (2) and (3) of section 5.—Whenany marriage between [Indian] Christians is solemnized [by any such person, Clergyman or Minister of Religion as is referred to in clause (1), clause (2) or clause (3) of section 5], the person solemnizing the same shall, instead of proceeding in the manner provided by 1.

sections 28 to 36, both inclusive, register the marriage in a separate register-book, and shall keep it safely

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Section 38 — Notice of intended marriage before Marriage Registrar

Section 39 — Publication of notice

Section 40 — Notice to be filed and copy entered in Marriage Notice Book

Section 41 — Certificate of notice given and oath made

Section 42 — Oath before issue of certificate

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 leave 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 1 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 V MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR 38. Notice of intended marriage before Marriage Registrar.—When a marriage is intended to be solemnized by, or in the presence of, a Marriage Registrar, one of the parties to such marriage shall give notice in writing, in the form contained in the First Schedule hereto annexed, or to the like effect, to any Marriage Registrar of the district within which the parties have dwelt, or, if the parties dwell in different districts, shall give the like notice to a Marriage Registrar of each district, and shall state therein the name and surname, and the profession or condition, of each of the parties intending marriage, the dwelling-place of each of them, the time during which each has dwelt therein, and the place at which the marriage is to be solemnized: Provided that, if either party has dwelt in the place stated in the notice for more than one month, it may be stated therein that he or she has dwelt there one month and upwards. 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. 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.

(a) that he or she believes that there is not any impediment of kindred or affinity, or other lawful

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Section 43 — Petition to High Court to order certificate in less than fourteen days

Section 44 — Consent of father or guardian

Section 45 — Petition where person whose consent is necessary is insane, or unjustly withholds consent

Section 46 — Petition when Marriage Registrar refuses certificate

(a) that he or she believes that there is not any impediment of kindred or affinity, or other lawful hindrance, to the said marriage, and (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. 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. 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. Petition where person whose consent is necessary is insane, or unjustly withholds consent.— If any person whose consent is necessary to any marriage under this Part is of unsound mind, or if any such person (other than the father) without just cause withholds his consent to the marriage, the parties intending marriage may apply by petition, where the person whose consent is necessary is resident within any of 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.

the district of such Registrar is within any of the towns of Calcutta, Madras and Bombay, to a Judge of

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Section 47 — [Petition when Marriage Registrar in Indian State refuses certificate.] Omitted by the A.O. 1950. 48. Petition when Registrar doubts authority of person forbidding

Section 49 — Liability for frivolous protest against issue of certificate

Section 50 — Form of certificate

Section 51 — Solemnization of marriage after issue of certificate

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. 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 thecae 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. Liability for frivolous protest against issue of certificate.—Every person entering a protest with the Marriage Registrar, under this Part, against the issue of any certificate, on grounds which such Marriage Registrar, under section 44, or a Judge of the High Court or the District Judge, under section 45 or 46, declares to be frivolous and such as ought not to obstruct the issue of the certificate, shall be liable for the costs of all proceedings in relation thereto and for damages, to be recovered by suit by the person against whose marriage such protest was entered.

And each of the parties shall say to the other as follows or to the like effect:—

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Section 53 — Marriage Registrar may ask for particulars to be registered

Section 54 — Registration of marriages solemnized under part V

Section 55 — Certificates to be sent monthly to Registrar General

Section 58 — Indian Christians to be made to understand declarations

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. D., to be my lawful wedded wife [or husband].” 52.When marriage not had within two months after notice, new notice required.—Whenever a marriage is not solemnized within two months after the copy of the notice has been entered by the Marriage Registrar, as required by section 40, the notice and the certificate, if any, issued thereupon, and all other proceedings thereupon, shall be void; and no person shall proceed to solemnize the marriage, nor shall any Marriage Registrar enter the same, until new notice has been given, and entry made, and certificate thereof given, at the time and in the manner aforesaid. 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. 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 induplicate; that is to say, in a marriage-register-book, according to the form of the Fourth Schedule hereto annexed, and also in a certificate attached to the marriage-register-book as a counterfoil. The entry of such marriage in both the certificates 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. Registrars to ascertain that notice and certificate are understood by Indian Christians.— 2 When any [Indian] Christians about to be married gives a notice of marriage, or applies for a certificate 2 from a Marriage Registrar, such Marriage Registrar shall ascertain whether the said [Indian] Christians understands the English language, and, if he does not, the Marriage Registrar shall translate, or cause to 2 be translated, such notice or certificate, or both of them, as the case may be, to such [Indian] Christians into a language which he understands; 2 or the Marriage Registrar shall otherwise ascertain whether the [Indian] Christians is cognizant of the purport and effect of the said notice and certificate.

59. Registration of marriages between Indian Christians.—The registration of marriages between

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Section 59 — Registration of marriages between Indian Christians

Section 60 — On what conditions marriages of [Indian] Christians may be certified

Section 61 — Grant of certificate

Section 62 — Keeping of register-book and deposit of extracts therefrom with Registrar General

Section 63 — Searches in register book and copies of entries

Registration of marriages between Indian Christians.—The registration of marriages between 1 [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. 2 PART VI 1 MARRIAGE OF [INDIAN] CHRISTIANS 1 60. On what conditions marriages of [Indian] Christians may be certified.—Every marriage 1 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:— 3 4 (1) the age of the man intending to be married [shall not be under [twenty-one years]], and the 5 6 age of the woman intending to be married [shall not be under [eighteen years]]; (2) neither of the persons intending to be married shall have a wife or husband still living; (3) in the presence of a person licensed under section 9, and of at least two credible witnesses other than such person, each of the parties shall say to the other— “I call upon these persons here present to witness that. B., in the presence of Almighty God, and in the name of our Lord Jesus Christ, do take thee, C. Keeping of register-book and deposit of extracts therefrom with Registrar General.—(1) Every person licensed under section 9 shall keep in English, or in the vernacular language in ordinary use in the district or State in which the marriage was solemnized, and in such form as the State Government by which he was licensed may from time to time prescribe, a register-book of all marriages solemnized under this Part in his presence, and shall deposit in the office of the Registrar General of Births, Deaths and Marriages for the territories under the administration of the said State Government, in such form and at such intervals as that Government may prescribe, true and duly authenticated extracts from his register- book of all entries made therein since the last of those intervals.] 9 * * * * * 63. As to validation of post marriages solemnized under Part VI between persons of whom one only was an Indian Christian, and penalty for solemnizing such marriages under Part VI in future, see the Marriages Validation Act, 1892 (2 of 1892).

64. Books in which marriages of Indian Christians under Part I or Part III are registered.—The

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Section 64 — Books in which marriages of Indian Christians under Part I or Part III are registered

Section 65 — Part VI not to apply to Roman Catholics. Saving of certain marriages

Section 66 — False oath, declaration, notice or certificate for procuring marriage

Section 67 — Forbidding, by false personation issue of certificate by Marriage Registrar

Section 68 — Solemnizing marriage without due authority

Section 69 — Solemnizing marriage out of proper time, or without witnesses

Books in which marriages of Indian Christians under Part I or Part III are registered.—The provisions of sections 62 and 63, as to the form of 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. Part VI not to apply to Roman Catholics. Saving of certain marriages.—This Part of this Act, except so much of sections 62 and 63 as are referred to in section 64, shall not apply to marriages between Roman Catholics. But nothing herein contained shall invalidate any marriage celebrated between Roman Catholics under the provisions of 1 [Part V of Act No. Solemnizing marriage without due authority.—Whoever, not being authorized by section 5 of this Act to solemnize marriages, solemnizes or professes to solemnize, in the absence of a Marriage Registrar of the district in which the ceremony takes place, a marriage between persons one or both of whom is or are a Christian or Christians, shall be punished with imprisonment which may extend to ten years, or (in lieu of a sentence of imprisonment for seven years or upwards) with transportation for a term of not less than seven years, and not exceeding ten years, 4 * * * * * and shall also be liable to fine.] 69. Solemnizing marriage out of proper time, or without witnesses.—Whoever knowingly and wilfully solemnizes a marriage between persons, one or both of whom is or are a Christian or Christians, at any time other than between the hours of six in the morning and seven in the evening, or in the absence of at least two credible witnesses other than the person solemnizing the marriage, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.

70. Solemnizing without notice or within fourteen days after notice, marriage with minor.—Any

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Section 70 — Solemnizing without notice or within fourteen days after notice, marriage with minor

Section 71 — Issuing certificate, or marrying, without publication of notice

Section 72 — Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after notice, or against authorized prohibition

Section 73 — Persons authorized to solemnize marriage (other than Clergy of Churches of England, Scotland or Rome)

Solemnizing without notice or within fourteen days after notice, marriage with minor.—Any Minister of Religion licensed to solemnize marriages under this Act, who, without a notice in writing, or, when one of the parties to the marriage is a minor and the required consent of the parents or guardians to such marriage has not been obtained, within fourteen days after the receipt by him of notice of such marriage, knowingly and wilfully solemnizes a marriage under Part III, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine. Issuing certificate, or marrying, without publication of notice.—A Marriage Registrar under this Act, who commits any of the following offences:— (1) knowingly and wilfully issues any certificate for marriage, or solemnizes any marriage, without publishing the notice of such marriage as directed by this Act; 1 [(2) marrying after expiry of notice.—after the expiration of two months after the copy of the notice has been entered as required by section 40 in respect of any marriage, solemnizes such marriage;] (3) solemnizing marriage with minor within fourteen days, without authority of Court, or without sending copy of notice.—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; (4) issuing certificate against authorized prohibition.—issues any certificate the issue of which has been prohibited, as in this Act provided, by any person authorized to prohibit the issue thereof, shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to fine. 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 2 certificate for marriage after the expiration of [two months] after the notice has been entered by him as aforesaid, or knowingly and wilfully issuing, without the order of a competent Court authorizing him so to do, any certificate for marriage, where one of the parties intending marriage is a minor, before the expiration of fourteen days after the entry of such notice, or any certificate the issue of which has been forbidden as aforesaid by any person authorized in this behalf, shall be deemed to have committed an offence under section 166 of the Indian Penal Code (45 of 1860). Persons authorized to solemnize marriage (other than Clergy of Churches of England, Scotland or Rome).—Whoever, being authorized under this Act to solemnize a marriage, and not being a Clergyman of the Church of England solemnizing a marriage after due publication of banns, or under a license from the Anglican Bishop of the Diocese or a Surrogate duly authorized in that 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 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; 1.

issuing certificate for, or solemnizing, marriage with minor, within fourteen days after notice.—

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Section 74 — Unlicensed person granting certificate pretending to be licensed

Section 75 — Destroying or falsifying register-books

Section 76 — Limitation of prosecutions under Act

Section 77 — What matters need not be proved in respect of marriage in accordance with Act

Section 78 — Corrections of errors

issuing certificate for, or solemnizing, marriage with minor, within fourteen days after notice.— or knowingly and wilfully issues any certificate for marriage, or solemnizes a marriage between such persons when one of the persons intending marriage is a minor, before the expiration of fourteen days after the receipt of notice of such marriage, or without sending, by the post or otherwise, a copy of such notice to the Marriage Registrar, or, if there be more Marriage Registrars than one, to the Senior Marriage Registrar of the district; issuing certificate authorizedly forbidden:—or knowingly and wilfully issues any certificate the issue of which has been forbidden, under this Act, by any person authorized to forbid the issue; solemnizing marriage authorizedly forbidden.—or knowingly and wilfully solemnizes any marriage forbidden by any person authorized to forbid the same; shall be punished with imprisonment for a term which may extend to four years, and shall also be liable to fine. 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. 1 [Whoever, being licensed to grant certificates of marriage under Part VI of this Act, without just cause refuses, or wilfully neglects or omits, to perform any of the duties imposed upon him by that Part shall be punished with fine which may extend to one hundred rupees.] 75. Limitation of prosecutions under Act.—The prosecution for every offence punishable under this Act shall be commenced within two years after the offence is committed. What matters need not be proved in respect of marriage in accordance with Act.—Whenever any marriage has been solemnized in accordance with the provisions of sections 4 and 5, it shall not be void merely on account of any irregularity in respect of any of the following matters, namely:— (1) any statement made in regard to the dwelling of the 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. Corrections of errors.—Every person charged with the duty of registering any marriage, who discovers any error in the form or substance of any such entry, may within one month next after the discovery of such error, in the presence of the persons married, or, in case of their death or absence, in the presence of two other credible witnesses, correct the error by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry, and add thereto the date of such correction, and such person shall make the like marginal entry in the certificate thereof.

And every entry made under this section shall be attested by the witnesses in whose presence it was

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Section 79 — Searches and copies of entries

Section 80 — Certified copy of entry in marriage-register, etc., to be evidence

Section 81 — Certificates of certain marriages to be sent to Central Government

Section 82 — State Government to prescribe fees

Section 83 — Power to make rules

And every entry made under this section shall be attested by the witnesses in whose presence it was made. 1 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. Searches and copies of entries.—Every person solemnizing a marriage under this Act, and hereby required to register the same, 1 and every Marriage Registrar or [Registrar General of Births, Deaths and Marriages] having the custody for the time being of any register of marriages, or of any certificate, or duplicate, or copies of certificate, under this Act, shall, on payment of the proper fees, at all reasonable times, allow searches to be made in such register, or for such certificate, or duplicate or copies, and give a copy under his hand of any entry in the same. Certified copy of entry in marriage-register, etc., to be evidence.—Every certified copy, purporting to be signed by the person entrusted under this Act with the custody of any marriage-register or certificate, or duplicate, required to be kept or delivered under this Act, of any entry of a marriage in such register or of any such certificate or duplicate, shall be received as evidence of the marriage purporting to be so entered, or of the facts purporting to be so certified therein, without further proof of such register or certificate, or duplicate, or of any entry therein, respectively, or of such copy. Certificates of certain marriages to be sent to Central Government.—The Registrar General 3 of Births, Deaths and Marriages *** shall, at the end of every quarter in each year, select, from the 4 certificates of marriages forwarded to [him], during such quarter, the certificates of the marriages of 5 which [the Government by whom he was appointed] may desire that evidence shall be transmitted to 4 6 England, and shall send the same certificates, signed by [him] to the [Central Government].] 82. 11 [(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.] 1.

84. [Power to prescribe fees and rules for Indian States.] Omitted by the A.O. 1950.

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Section 84 — [Power to prescribe fees and rules for Indian States.] Omitted by the A.O. 1950. 85. Power to declare who shall be District Judge

Section 86 — [Powers and functions exercisable as regards Indian States.] Omitted by the A.O. 1950. 87. Saving of Consular marriages

84. [Power to prescribe fees and rules for Indian States.] Omitted by the A.O. Power to declare who shall be District Judge.—The State Government may, by notification in the Official Gazette, declare who shall, in any place to which this Act applies, be deemed to be the District Judge. 86. [Powers and functions exercisable as regards Indian States.] Omitted by the A.O. 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. 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 I

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SCHEDULE I (See sections 12 and 38) NOTICE OF MARRIAGE To a Minister [or Registrar] of I hereby give you notice that a marriage is intended to be had, within three calendar months from the date hereof, between me and the other party herein named and described (that is to say):— Names. Length of Church, chapel or District in which the profession. residence. place of worship other party resides, in which the when the parties marriage is to be dwell in different solemnized. districts. . er f full age. More than a Free church of Scotland Church, 20, Hastings Martha Green. Witness my hand, this day of seventy-two (Signed) JAMES SMITH. [The italics in this 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.] 21

James Widower Carpenter o 16, 23 days Scotland

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SCHEDULE II (See sections 24 and 50) CERTIFICATE OF RECEIPT OF NOTICE 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):— Names. Dwelling Length of Church, District in which profession. place. residence. chapel or the other party place of resides, when the worship in parties dwell in which the different districts. marriage is to be solemnized. . . reet . . S Clive f full age James Widower Carpenter o 16, 23 days Scotland a of . . Church . …… Martha Green Spinster … Minor 20,Street Moremonth FreeCalcutta 1 and that the declaration [or oath], required by section 17 or 41 of the Indian Christian Marriage Act, 1872 (15 of 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 person authorized to forbid the issue thereof. Date of Certificate given day of seventy-two.

SCHEDULE III

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SCHEDULE III 1 [(See sections 28 and 31)] FORM OF REGISTER OF MARRIAGES Quarterly Returns of MARRIAGES FOR Calcutta. I, ,Registrar of the Archdeaconry of Calcutta, Madras, Bombay, do hereby certify that the annexed are correct copies of the originals and Official Quarterly Returns of Marriage within the Archdeaconry Calcutta, of Madras, as made and transmitted to me for the quarter Bombay, commencing the day of ending the day of in the year of Our Lord [Signature of Registrar.] Calcutta. Registrar of the Archdeaconry of Madras. Allahabad, MARRIAGES solemnized at Barrackpore, Bareilly, Calcutta, etc., etc. when Names of parties. married. . . . . . . . . . . . . . . present istian es Year Day Age Month Rank or sidence at license Chr Surname Condition marriage Signatures profession the time of the parties the marriage Re and surnameBy banns orSignatures of Father’s name Of two or moreSignature of the witness person solemnizing 1. 2 and the Second Schedule, for “(see section 28)”.

SCHEDULE IV

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SCHEDULE IV (See sections 32 and 54) MARRIAGE REGISTER BOOK Residence Father’s Names of Parties. Rank or at the time name and profession.. Christian Surname. of surname. name. marriage. This marriage was solemnized between us White, in the presence of us John Green.

CERTIFICATE OF MARRIAGE

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Rank or Residence at Father’s profession. the time of name and marriage. surname. Spinster Jhon Duncan Married in the James White, John Smith. This marriage was solemnized between us in the presence of us Martha Duncan, John Green.

(SCHEDULE V.)

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(SCHEDULE V.) SCHEDULE V.—[Enactments repealed.] Rep.by the Repealing Act, 1938 (1 of 1938), s.