Christian Marriage Notes
Christian Marriage Notes
Christian Marriage Notes
[Act, No. 15 of 1872]
[AS ON 1957]
[18th July, 1872]
PREAMBLE
An Act to consolidate and amend the law relating to the solemnization in India of the marriages
of Christians.
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:—
Section 1 ‐ Short title
This Act may be called the Indian Christian Marriage Act, 1872
Extent.—{Subs. by the A.O.1950 for the second para., as amended by the A.O.1937 and
A.O.1948 [NOTE: The Act does not extend to the State of Manipur, Vide Act 30 of 1950,
Section 3 (2A) and Sch. as amended by Act 68 of 1956, section.2.]} [It extends to the
whole of India {Subs by Act 3 of 1951,Section3 and Sch., for " except Part B States ".}
[except {Subs by the Adaptation of Laws (No.2) Order, 1956, for " the States ".} [the
territories which, extent. immediately before the 1st November, 1956, were comprised
in the States] of Travancore‐Cochin, Manipur and Jammu and Kashmir].]
{The commencement cl. rep. by Act 16 of 1874, Section 1 and Sch., Pt. I.}
Section 2 ‐ Enactments [Repealed]
Rep. by the Repealing Act, 1938 (1 of 1938), s.2 and Sch., Pt. I.
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 ;
{Ins. by Act 3 of 1951, s.3 and Sch.} ["India" means the {Subs by the Adaptation of
Laws (NO.2) Order, 1956, for "territory comprised in the States".} [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 definition of "Native State" rep. by the A.O.1937.}
the expression "Christians" means persons professing the Christian religion ;
{Subs. by the A.O.1950, for the original definition.} [and the expression "Indian
Christians" includes the Christian descendants of natives of India converted to
Christianity, as well as such converts];
{Ins. by Act 6 of 1886, s.30.} ["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
Section 4 ‐ Marriages to be solemnized according to Act
Every marriage between persons, one or both of whom is {Ins. by Act 12 of 1891,
section.2 and Schedule. II.} [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 {Subs. by Act 3 of 1951, s.3 and Sch., for "Part A States
and Part C States".} [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 ;
(5) by any person licensed under this Act to grant certificates of marriage between
{Subs. by the A.O.1950, for "Native".} [Indian] Christians.
{Subs. by Act 2 of 1891, s.1, for the original s.6 }
Section 6 ‐ Grant and revocation of licenses to solemnize marriages
The State Government, so far as regards the territories under its administration, {The
words "and the Central Government, so far as regards any Indian State" as amended by
the A.O.1937 for the original words, were rep. by the A.O.1950.} may, by notification in
the Official Gazette {The words "or in the Gazette of India, as the case may be" rep.by
the A.O.1937.}, grant licenses to Ministers of Religion to solemnize marriages within
such territories {The words "and State, respectively," rep. by the A.O.1950.} and may, by
a like notification revoke such licenses.]
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.
Section 8 ‐ Marriage Registrars in Indian States [Repealed]
Rep. by the A.O.1950.
Section 9 ‐ Licensing of persons to grant certificates of marriage between Indian Christians
The State Government {The words "or (so far as regards any Indian State) the Central
Government " as amended by the A.O.1937 for the original words, rep. by the
A.O.1950.} may grant a license to any Christian, either by name or as holding any office
for the time being, authorizing him to grant certificates of marriage between {Subs. by
the A.O.1950, for " Native ".} [Indian] Christians.
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 PALACE 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 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 solemnized, or from such
person as the same Bishop has authorized to grant such license, license, {Ins. by
Act 2 of 1891, section.2} [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 {Ins. by section.3, ibid.} [where worship is generally held according to the
forms of the Church of England],
unless there is no {Ins. by section.3, ibid.} [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.
Part : III ‐ 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 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.
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 be entitled to
officiate therein, he shall cause the notice to be affixed in some conspicuous part of
such church.
Return or transfer of notice.‐
But if he is not entitled to officiate as a Minister in such church, he shall, at his
option, either return the notice to the 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 to 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 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 her in 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.
Section 18 ‐ Declaration before issue of certificate
The certificate mentioned in section 17 shall not be issued until one of the persons
intending marriage has appeared personally before the Minister and made a solemn
declaration—
(a) that he or she believes that there is not any impediment of kindred or affinity, or
other lawful hindrance, to the said marriage, and, when either or both of the parties
is or are a minor or minors,
(b) that the consent or consents required by law has or have been obtained thereto,
or that there is no person resident in 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 of 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 certificates to Indian Christians
When any.{Subs. by the A.O.1950, for " Native ".} [Indian] Christian about to be married
takes a notice of marriage to a Minister of Religion, or applies for a certificate from such
Minister under section 17, such Minister shall, before issuing the certificate, ascertain
whether such {Subs. by the A.O.1950, for " Native ".} [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 {Subs. by the
A.O.1950, for " Native ".} [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 hereto 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 ceremony as the Minister
thinks fit to adopt :
Provided that the marriage be solemnized in the presence of at least two witnesses
besides the Minister.
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 solemnise the said marriage
until new notice has been given and a certificate thereof issued in manner aforesaid.
Part : IV ‐ REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION
Section 27 ‐ Marriages when to be registered
All marriages hereafter solemnized in {Subs by Act 3 of 1951, section.3 and Schedule.,
for "a Part A State or a Part C State ".} [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 {As to the establishment of general registry offices
of births, deaths and marriages, see the Births, Deaths and Marriages Registration Act,
1886 (6 of 1886), Ch.II.} 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 Registrar of the
Archdeaconry to which he is subject, or within the limits of which such place is situate.
Contents of returns.‐
Such quarterly returns shall contain all the entries of marriages contained in the said
register from the first day of January to the thirty‐first day of March, from the first
day of April to the thirtieth day of June, from the first day of July to the thirtieth day
of September, and from the first day of October to the thirty‐first day of December,
of each year, respectively, and shall be sent by such Clergyman within two weeks
from the expiration of each of the quarters above specified.
The said Registrar upon receiving the said returns shall send one copy thereof to the
{Subs by Act of 1886, s.30(b), for " Secretary to the L.G ".} [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 of 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 {Subs by Act of 1886, section.30 (b), for " Secretary
to the L. G ".} [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 by Clergymen of Church of
Scotland
Every Clergyman of the Church of Scotland shall keep a register of marriages,
and shall register therein, according to the tabular form set forth in the Third Schedule
hereto annexed, every marriage which he solemnizes under this Act,
and shall forward quarterly to the {Subs by Act of 1886, section.30 (b), for " Secretary to
the L. G ".} [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.
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 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.
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 Registrars than one, to the Senior Marriage
Registrar,
who shall cause such certificate to be copied into a book to be kept by him for that
purpose,
and shall send all the certificates which he has received during the month, with such
number and signature or initials added thereto as are hereinafter required, to the {Subs.
by Act 6 of 1886, section.30(b), for "secretary to the L.G.".} [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 enter 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 {Subs. by Act 6 of 1886, s.30 (b), for " Secretary to
the L. G.".} [Registrar General of Births, Deaths and Marriages].
Section 37 ‐ Registration of marriages between Indian Christians, by persons referred to in
clauses (1), (2) and (3) of section 5
When any marriage between {Subs. by the A.O.1950, for " Native ".} [Indian] Christians
is solemnized {Subs. by Act 18 of 1928, s.2 and Sch. I, for " under Part I or Part III of this
Act".} by any such person, Clergyman or Minister of Religion as is referred to in clause
(1), clause (2) or clause (3) of section 5] the person solemnizing the same shall, instead
of proceeding in the manner provided by sections 28 to 36.both inclusive, register the
marriage in a separate register‐book, and shall keep it safely until it is filled, or, if he
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 one, to the Senior Marriage Registrar, who shall send it
to the {Subs. by Act 6 of 1886, s.30(b), for " Secretary to the L. G.".} [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
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 after the receipt by him of the notice of such marriage, send,
by post or otherwise, a copy of such notice to each of the other Marriage Registrars (if
any) in the same district, who shall likewise affix the copy in some conspicuous place in
his own office.
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 ; and further,
that where, by such oath, it appears that one of the parties intending marriage
is a minor, fourteen days after the entry of such notice have expired.
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 {As to the meaning of " oath ", see the General Clauses Act,
1897 (10 of 1897), section.3(37) and section.4.}‐‐‐
(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.
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 the matter of the protest, and is satisfied that it ought
not to obstruct the issue of the certificate for the said marriage, or until the protest
be withdrawn by the person who entered it.
Section 45 ‐ Petition where person whose consent is necessary is insane, or unjustly withholds
consent
If any person whose consent is necessary to any marriage on 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.
Such declaration shall be as effectual as if the person whose consent was
needed had consented to the marriage ;
and, if he has forbidden the issue of the Marriage Registrar's certificate, such
certificate shall be issued and the like proceedings may be had under this Part in
relation to 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 on 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
Rep. by the A.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.
{The last three paragraphs rep. by the A.O.1950.}
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
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.
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 or more credible witnesses besides the Marriage
Registrar. And in some part of the ceremony each of the parties shall declare as follows,
or to the like effect:—
"I do solemnly declare that I know not of any lawful impediment why I, A. B., may
not be joined in matrimony to C.D."
And each of the parties shall say to the other as follows or 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 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.
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 the Fourth Schedule hereto annexed,
and also in a certificate attached to the marriage‐register‐book as a counterfoil.
The entry of such marriage in both the certificate and the marriage‐register‐book shall
be signed by the person by or before whom the marriage has been solemnized, if there
be any such person, and by the Marriage Registrar present at such marriage, whether or
not it is solemnized by him, and also by the parties married, and attested by two
credible witnesses other than the Marriage Registrar and person solemnizing the
marriage.
Every such entry shall be made in order from the beginning to the end of the book, and
the number of the certificate shall correspond with that of the entry in the marriage‐
register‐book.
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 {Subs. by act 6 of 1886,
s.30(b), for "secretary to the L. G.".} [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 {Subs. by Act 6 of 1886, s.30(b), for "
Secretary to the L. G.".} [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
Rep. by the A.O.1950.
Section 57 ‐ Registrars to ascertain that notice certificate are understood by Indian Christians
When any {Subs. by the A.O.1950, for " Native ".} [Indian] Christian about to be married
gives a notice of marriage, or applies for a certificate from a Marriage are Registrar, such
Marriage Registrar shall ascertain whether the said {Subs. by the A.O.1950, for " Native
".} [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 {Subs. by the A.O.1950, for " Native ".}[Indian]
Christian into a language which he understands ; or the Marriage Registrar shall
otherwise ascertain whether the {Subs. by the A.O.1950, for " Native ".} [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 {Subs. by the A.O.1950, for " Native ".} [Indian] Christian is married under the
provisions of this Part, the person solemnizing the marriage shall ascertain whether such
{Subs. by the A.O.1950, for " Native ".}[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 {Subs. by the A.O.1950,
for " Native ".} [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 {Subs. by the A.O.1950, for " Native ".} [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 VI ‐ MARRIAGE OF INDIAN CHRISTIANS
PART VI
MARRIAGE OF INDIAN CHRISTIANS
{As to validation of past 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).}
MARRIAGE OF [INDIAN] {Subs. by the A.O.1950, for " Native ".} CHRISTIANS
Section 60 ‐ On what conditions marriages of Indian Christians may be certified
Every marriage between {Subs. by the A.O.1950, for " Native ".}[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 {Subs. by Act 48 of 1952, section.3
and Sch. II, for " shall exceed sixteen years ".} [shall not be under eighteen years],
and the age of the woman intending to be married {Subs. by section.3 and Sch. II,
ibid., for " shall exceed thirteen years ".} [shall not be under fifteen 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 :
Provided that no marriage shall be certified under this Part when either of
the parties intending to be married has not completed his or her eighteenth
year, unless such consent as is mentioned in section 19 has been given to
the intended marriage, or unless it appears that there is no person living
authorized to give such consent.
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, in whose presence
the said declaration has been made, shall, on the application of either of the parties to
such marriage, and, on the payment of a fee of four annas, grant a certificate of the
marriage.
The certificate shall be signed by such licensed person, and shall be received in any suit
touching the validity of such marriage as conclusive proof of its having been performed.
{Subs.by Act 2 of 1891, section.4, for the original section.62.}
Section 62 ‐ Keeping of register‐book and deposit of extracts there from 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.
{Sub‐section (2), as amended by the A.O.1937, rep. by the A.O.1950.}
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 times, allow search to
be made in such book, and shall, on payment of the proper fee, give a copy, certified
under his hand, of any entry therein.
Section 64 ‐ Books in which marriages of Indian Christians under Part I or Part III are registered
The provisions of sections 62 and 63, as to the form of the register‐book, depositing
extracts there from, 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. 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 Part V of Act No.25 of 1864 {Act 25 of 1864 had been rep. by Act 5 of 1865, which was
rep. by this Act.}, previous to the twenty‐third day of February, 1865.
PART VII
PENALTIES
{Subs. by Act 2 of 1891, section.5, for the original section.66.}
Section 66 ‐ False oath, declaration, notice or certificate for procuring marriage
Whoever, for the purpose of procuring a marriage or license of marriage,
intentionally,—
(a) where an oath or declaration is required by this Act, or by any rule or custom of a
Church according to the rites and ceremonies of which a marriage is intended to be
solemnized, such Church being the Church of England or of Scotland or of Rome,
makes a false oath or declaration, or,
(b) where a notice or certificate is required by this Act, signs a false notice or
certificate,
shall be deemed to have committed the offence punishable under section 193 of the
Indian Penal Code (45 of 1860) with imprisonment of either description for a term which
may extend to three years and, at the discretion of the Court, with fine.
Section 67 ‐ Forbidding, by false personation, issue of certificate by Marriage Registrar
Whoever forbids the issue, by a Marriage Registrar, of a certificate, by falsely
representing himself to be a person whose consent to the marriage is required by law,
knowing or believing such representation to be false, or not having reason to believe it
to be true, shall be deemed guilty of the offence described in section 205 of the Indian
Penal Code.( 45 of 1860 )
{Subs. by Act 2 of 1891, section.6, for the original section.68.}
Section 68 ‐ Solemnizing marriage without due authority
Whoever, not being authorized by section 5 of this Act to solemnize marriages,
solemnizes or professes to solemnize, in the absence of a Marriage Registrar of the
district in which the ceremony takes place, a marriage between persons one or both of
whom is or at 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,
{The second para. as amended by Act 12 of 1891, rep. by the A.O.1950.}
and shall also be liable to fine.]
Section 69 ‐ Solemnizing marriage out of proper time, or without witnesses
Whoever knowingly and wilfully solemnizes a marriage between persons, one or both of
whom is or are a Christian or Christians, at any time other than between the hours of six
in the morning and seven in the evening, or in the absence of at least two credible
witnesses other than the person solemnizing the marriage, shall be punished with
imprisonment for a term which may extend to three years, and shall also be liable to
fine.
Saving of marriages solemnized under special license.‐ This section does not apply to
marriages solemnized under special licenses 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 license in that behalf mentioned in section 10.
{Ins. by Act 2 of 1891, section.7.} [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 liable to fine.
Section 71 ‐ Issuing certificate
A Marriage Registrar under this Act, who commits any of the following offences:—
(1) knowingly and willfully issues any certificate for marriage, or solemnizes any
marriage, without publishing the notice of such marriage as directed by this Act ; (or
marrying, without publication of notice ;)
{Subs.by Act 2 of 1891, section.8(1) for the original clause.(2).} [(2) after the
expiration of two months after the copy of the notice has been entered as required
by section 40 in respect of any marriage, solemnizes such marriage ;] (marrying after
expiry of notice ;)
(3) solemnizes, without an order of a competent Court authorizing him to do so, any
marriage, when one of the parties is a minor, before the expiration of fourteen days
after the receipt of the notice of such marriage, or without sending, by the post or
otherwise, a copy of such notice to the Senior Marriage Registrar of the district if
there be more Marriage Registrars of the district than one, and if he himself be not
the Senior Marriage Registrar ; (solemnizing marriage with minor within fourteen
days, without authority of Court, or without sending copy of notice ;)
(4) issues any certificate the issue of which has been prohibited, as in this Act
provided, by any person authorized to prohibit the issue thereof, (issuing certificate
against authorized prohibition.)
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 {Subs.by section.8(2), ibid., for " three months ".} [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.9 45 of 1860 )
Section 73 ‐ 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 mar 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,
issuing certificate, or marrying, without publishing notice, or after expiry of certificate;.‐
or, not being a Clergyman of the Church of Scotland, solemnizing or 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, 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 so after the receipt of notice of such marriage, or
without sending, by mat 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 is has been forbidden, under this Act, by any person
authorized 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.
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.
{Ins.by Act 2 of 1891, s.9.} [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 after the offence is committed.
Part : VIII ‐ 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
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.
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 no other credible witnesses, correct the error by entry in
the margin, without any alteration of the original entry, and shall sign the marginal
entry, and add thereto the date of such correction, and such person shall make the like
marginal entry in the certificate thereof.
And every entry made under this section shall be attested by the witnesses in whose
presence it was made.
And, in case such certificate has been already sent to the {Subs.by Act 6 of 1886,
section.30(b), for " Secretary to the L.G.".} [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 {Subs.by section.30(b), ibid., for " Secretary to a L.G.".}
[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.
Section 80 ‐ Certified copy of entry in marriage‐register, etc., to be evidence
Every certified copy, purporting to be signed by the person entrusted under this Act
with the custody of any marriage‐register or certificate, or duplicate, required to be kept
or delivered under this Act, of any entry of a marriage in such register or of any such
certificate or duplicate, shall be received as evidence of the marriage purporting to be
so entered, or of the facts purporting to be so certified therein, without further proof of
such register or certificate, or duplicate, or of any entry therein, respectively, or of such
copy.
{Subs.by Act 13 of 1911, section. 2, for the original section. 81.}
Section 81 ‐ Certificates of certain marriages to be sent to Central Government
The Registrar General of Births, Deaths and Marriages {The words " and the officers
appointed under section 56 " rep. by Act 48 of 1952, section.3 and Schedule. II.} shall, at
the end of every quarter in each year, select, from the certificates of marriages
forwarded to {Subs. by section.3 and Schedule. II, ibid., for " them, respectively ".} [him],
during such quarter, the certificates of the marriages of which {Subs. by the A.O.1937,
for " the G.G. in C.".} [the Government by whom he was appointed] may desire that
evidence shall be transmitted to England, and shall send the same certificates, signed by
{Subs. by section.3 and Schedule. II, ibid., for " them, respectively ".} [him] to the {Subs.
by the A.O.1948, for " Secretary of State for India ".} [Central Government] ].
Section 82 ‐ State Government to prescribe fees
Fees shall be chargeable under this Act for—
receiving and publishing notices of marriages ;
issuing {Subs.by Act 1 of 1903, section.3 and Schedule.II, Pt.II, for " certificates of
marriage ".} [certificates for marriage] by Marriage Registrars, and registering
marriages by the same ;
entering protests against, or prohibitions of, the issue of {Subs.by section.3 and
Schedule.II, Pt.II, ibid., for " marriage certificates ".} [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 sections 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
1
[(1) The State Government 2 [may, by notification in the official Gazette, make rules] in
regard to the disposal of the fees mentioned in section 82, the supply of register‐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.]
________________________
1. Section 83 re‐numbered as sub‐section (1) and sub‐section (2) inserted by Delegated
Legislation Provision (Amendment) Act 1983 w.e.f. 15‐03‐1984
2. Replaced for words " may make rules" by Delegated Legislation Provision
(Amendment) Act 1983 w.e.f. 15‐03‐1984
Section 84 ‐ Power to prescribe fees and rules for Indian States [Repealed]
Rep.by the A.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.
{The original section was subs.by Act 38 of 1920, section.2 and Schedule.I, }
Section 86 ‐ Powers and functions exercisable as regards Indian States[Repealed]
Rep.By the A.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 I ‐ FIRST SCHEDULE
SCHEDULE I
(See sections 12 and 38)
NOTICE OF MARRIAGE
To
A Minister [or Register] 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) :‐‐‐
Witness my hand, this __________ day of ____________ seventy‐two.
(Signed) JAMES SMITH
[The italics 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.]
Schedule II ‐ SECOND SCHEDULE
SCHEDULE II
(See sections 24 and 50)
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) :‐‐
Of
Church
Calcutta.
20,
and that the declaration , {Ins.by Act 1 of 1903, s.3, and Sch.II, Pt.II.} [or oath] required
by section 17 or 41 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
person
Date of Certificate given 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 or before the day o
[The italics 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.]
Schedule III ‐ THIRD SCHEDULE
SCHEDULE III
{Subs.by Act 12 of 1891, section.2 and Schedule. I, for " (See section 28)".} [(See sections 28 and
31)]
FORM OF REGISTER OF MARRIAGES
Quarterly Returns of MARRIAGES for Calcutta.
The Archdeaconry of ___________________ Madras, Bombay.
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 of _______Calcutta, Madras,
Bombay, as made and transmitted to me for the quarter commencing the
______________ day of _______________ ending the day of _______________in the
year of Our Lord
[Signature of Registrar.]
Registrar of the Archdeaconry of _________ Calcutta, Madras, Bombay.
MARRIAGES solemnized at _________ Allahabad, Barrackpore. Bareilly, Calcutta, etc.
SCHEDULE IV
(See sections 32 and 54)
MARRIAGE REGISTER BOOK
capable of inheriting capable of inheriting the whole or any share of such property if
before the passing of this Act, she would have been incapable of inheriting the same by
reason of her being a childless widow.
Nothing in this Act to render any childless widow capable of inheriting.
5. Except as in three preceding sections is provided , a widow shall not by reason of her
re‐marriage forfeit any property or any right to which she would otherwise be entail
between us ___________ Martha Duncan, ___________ John Green.
CERTIFICATE OF MARRIAGE
Number
When married.
Names of parties
Age
Christian name Surname
Day
Month
Year.
Martha White.
Duncan 26 years.
17 years
Condition
Rank or profession
Residence at the time of marriage
Father's name and surname
Widower.
Spinster Carpenter
Agra
Agra ______________.William White
John Duncan
Married in the __________ James White, __________ John Smith.
This marriage was solemnized __________in the presence of us
between us ____________ Martha Duncan, ____________ John Green.
Schedule V ‐ FIFTH SCHEDULE
SCHEDULE V
[Enactment's repealed.]
Rep. by the Repealing Act, 1938 (1 of 1938), section.2 and Schedule., Part. I