LexThe INDIAN CHRISTIAN MARRIAGE ACT
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THE INDIAN CHRISTIAN MARRIAGE ACT, 1872
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ARRANGEMENT OF SECTIONS
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PREAMBLE
PRELIMINARY
SECTIONS
1. Short title.
Extent.
2. [Repealed.].
3. Interpretation clause.
PART I
THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED
4. Marriages to be solemnized according to Act.
5. Persons by whom marriages may be solemnized.
6. Grant and revocation of licenses to solemnize marriages.
7. Marriage Registrars.
Senior Marriage Registrar.
Magistrate when to be marriage Registrar.
8. [Repealed.].
9. Licensing of persons to grant certificates of marriage between Indian Christians.
PART II
TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED
10. Time for solemnizing marriage.
Exceptions.
11. Place for solemnizing marriage.
Fee for special license.
PART III
MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LICENSED UNDER THIS ACT
12. Notice of intended marriage.
13. Publication of such notice.
Return or transfer of notice.
14. Notice of intended marriage in private dwelling.
15. Sending copy of notice to Marriage Registrar when one party is a minor.
16. Procedure on receipt of notice.
17. Issue of certificate of notice given and declaration made.
Proviso.
18. Declaration before issue of certificate.
19. Consent of father, or guardian, or mother.
20. Power to prohibit by notice issue of certificate.
21. Procedure on receipt of notice.
22. Issue of certificate in case of minority.
23. Issue of certificates to Indian Christians.
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SECTIONS
24. Form of certificate.
25. Solemnization of marriage.
26. Certificate void if marriage not solemnized within two months.
PART IV
REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION
27. Marriages when to be registered.
28. Registration of marriages solemnized by Clergymen of Church of England.
29. Quarterly returns to Archdeaconry.
Contents of returns.
30. Registration and returns of marriages solemnized by Clergymen of Church of Rome.
31. Registration and returns of marriages solemnized by Clergymen of Church of Scotland.
32. Certain marriages to be registered in duplicate.
33. Entries of such marriages to be signed and attested.
34. Certificate to be forwarded to Marriage Registrar, copied and sent to Registrar General.
35. Copies of certificates to be entered and numbered.
36. Registrar to add number of entry to certificate, and send to Registrar General.
37. Registration of marriages between Indian Christians, by persons referred to in clauses (1), (2) and
(3) of section 5.
Custody and disposal of register-book.
PART V
MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR
38. Notice of intended marriage before Marriage Registrar.
39. Publication of notice.
40. Notice to be filed and copy entered in Marriage Notice Book.
41. Certificate of notice given and oath made.
Proviso.
42. Oath before issue of certificate.
43. Petition to High Court to order certificate in less than fourteen days.
Order on petition.
44. Consent of father or guardian.
Protest against issue of certificate.
Effect of protest.
45. Petition where person whose consent is necessary is insane, or unjustly withholds consent.
Procedure on petition.
46. Petition when Marriage Registrar refuses certificate.
Procedure on petition.
47. [Repealed.].
48. Petition when Registrar doubts authority of person for bidding.
Procedure on petition.
49. Liability for frivolous protest against issue of certificate.
50. Form of certificate.
51. Solemnization of marriage after issue of certificate.
52. When marriage not had within two months after notice, new notice required.
53. Marriage Registrar may ask for particulars to be registered.
54. Registration of marriages solemnized under part V.
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SECTIONS
55. Certificates to be sent monthly to Registrar General.
Custody of register-book.
56. [Repealed.].
57. Registrars to ascertain that notice and certificate are understood by Indian Christians.
58. Indian Christians to be made to understand declarations.
59. Registration of marriages between Indian Christians.
PART VI
MARRIAGE OF INDIAN CHRISTIANS
60. On what conditions marriages of Indian Christians may be certified.
61. Grant of certificate.
62. Keeping of register-book and deposit of extracts therefrom with Registrar General.
63. Searches in register-book and copies of entries.
64. Books in which marriages of Indian Christians under Part I or Part III are registered.
65. Part VI not to apply to Roman Catholics.
Saving of certain marriages.
PART VII
PENALTIES
66. False oath, declaration, notice or certificate for procuring marriage.
67. Forbidding, by false personation issue of certificate by Marriage Registrar.
68. Solemnizing marriage without due authority.
69. Solemnizing marriage out of proper time, or without witnesses.
Saving of marriages solemnized under special license.
70. Solemnizing without notice or within fourteen days after notice, marriage with minor.
71. Issuing certificate, or marrying, without publication of notice;
Marrying after expiry of notice;
Solemnizing, marriage with minor within fourteen days, without authority of Court, or without
sending copy of notice;
issuing certificate against authorized prohibition.
72. Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after notice, or
against authorized prohibition.
73. Persons authorized to solemnize marriage (other than Clergy of Churches of England, Scotland or
Rome);
issuing certificate, or marrying, without publishing notice , or after expiry of
certificate;
issuing certificate for, or solemnizing, marriage with minor, within fourteen days after notice;
issuing certificate authorizedly forbidden;
solemnizing marriage authorizedly forbidden.
74. Unlicensed person granting certificate pretending to be licensed.
75. Destroying or falsifying register-books.
76. Limitation of prosecutions under Act.
PART VIII
MISCELLANEOUS
77. What matters need not be proved in respect of marriage in accordance with Act.
78. Corrections of errors.
79. Searches and copies of entries.
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SECTIONS
80. Certified copy of entry in marriage-register, etc., to be evidence.
81. Certificates of certain marriages to be sent to Central Government.
82. State Government to prescribe fees.
83. Power to make rules.
84. [Repealed.].
85. Power to declare who shall be District Judge.
86. [Repealed.].
87. Saving of Consular marriages.
88. Non-validation of marriages within prohibited degrees.
SCHEDULE I.—NOTICE OF MARRIAGE.
SCHEDULE II.—CERTIFICATE OF RECEIPT OF NOTICE.
SCHEDULE III.—FORM OR REGISTER OF MARRIAGES.
SCHEDULE IV.—MARRIAGE REGISTER-BOOK.
CERTIFICATE OF MARRIAGE.
SCHEDULE V.—[Repealed.].
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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.
Extent.—1[It extends to the whole of India 2[except 3[the territories which, immediately before the 1st
November, 1956, were comprised in the States] of Travancore-Cochin, Manipur and 4***].]5
6* * * * *
2. [Enactments repealed.]—Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and the Schedule.
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;
7[“India”.—means the 8[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. Subs. by A.O. 1950 for the second para., as amended by A.O. 1937 and A.O. 1948. [NOTE:--The Act does not extend to the
State of Manipur, vide Act 30 of 1950, s. 3(2A) and Sch. As amended by Act 68 of 1956, s. 2. The Act has been extended to and
brought into force in Dadra and Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 2 and Sch. I.]
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “except Part B States”.
3. Subs. by the Adaption of Laws (No. 2) Order, 1956, for “the States”.
4. The words “State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).
5. In its application to Pondicherry, in section 1, the following proviso shall be added at the end of section 1—
“Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”—
(vide Act 26 of 1968).
6. The commencement cl. rep. by Act 16 of 1874, s. 1 and the Schedule.
7. Ins. by Act 3 of 1951, s. 3 and Sch.
8. Subs. by the Adaptation of Laws (No. 2) Order, 1956, for “territory comprised in the States”.
9. The definition of “Native State” omitted by the A.O. 1937.
10. Subs. by A.O. 1950, for the definition.
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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
whom is 2[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.
5. Persons by whom marriages may be solemnized.—Marriages may be solemnized in 3[India]—
(1) by any person who ha s 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 4[Indian]
Christians.
5[6. Grant and revocation of licenses to solemnize marriages .—The State Government, so far as
regards the territories under its administration, 6*** may, by notification in the Official Gazette 7***,
grant licenses to Ministers of Religion to solemnize marriages within such territories 8*** 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.
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.
STATE AMENDMENT
KARNATAKA
In section 7, for the words, “Magistrate of the district” the words “District Magistrate” shall be substituted.
[Vide Karnataka Act 13 of 1965, s. 67 and Schedule.]
8. [Marriage Registrars in Indian States.]—Rep., by the A. O. 1950.
9. Licensing of persons to grant certificates of marriage between Indian Christians.—The State
Government 9*** 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 4[Indian] Christians.
1. Ins. by Act 6 of 1886, s. 30.
2. Ins. by Act 12 of 1891, s. 2 and the Second Schedule.
3. Subs. by Act 3 of 1951, s. 3 and Sch., for “Part A States and Part C States”.
4. Subs. by the A. O. 1950, for “Native”.
5. Subs. by Act 2 of 1891, s. 1, for s. 6.
6. The words “and the Central Government, so far as regards any Indian State” omitted by the A.O. 1950.
7. The words “or in the Gazette of India, as the case may be” omitted by the A.O. 1937.
8. The words “and State, respectively,” omitted by the A.O. 1950.
9. The words and brackets “or (so far as regard any Indian State) the Central Government” omitted by the A.O. 1950.
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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 so lemnizing 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 Chur ch 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, 1[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
marriage in any place other than a church 2[where worship is generally held according to the forms of the
Church of England],
unless there is no 2[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
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.
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.
1. Ins. by Act 2 of 1891, s. 2.
2. Ins. by s. 3, ibid.
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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.
14. Notice of intended marriage in private dwelling. —If it be intended that the marriage sh all 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.
15. Sending copy of notice to Marriage Registrar when one party is a minor.—When one of the
persons intending marriage is a minor, every Minister receiving such notice shall, unless within
twenty-four hours after its receipt he returns the same under the provisions of section 13, send by the post
or otherwise a copy of such notice to the Marriage Registrar of the district, or, if there be more than one
Registrar of such district, to the Senior Marriage Registrar.
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.
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 herein after required, issue under his hand a certificate of su ch 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 su ch 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.
18. Declaration before issue of cer tificate.—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.
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.
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 issu e 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.
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 tha t the person prohibiting the marriage has no lawful authority for such
prohibition,
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or until the said notice is withdrawn by the person who gave it.
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.
23. Issue of certificates to Indian Christians .—When any1[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
section 17, such Minister shall, before issuing the certificate, ascertain whether such 1[Indian] Christians
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 certificat e to such 1[Indian] Christian into some language
which he understands.
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.
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 t he Minister
thinks fit to adopt:
Provided that the marriage be solemnized in the presence of at least two witnesses besides the
Minister.
26. Certificate void if marriage not solemnized within two months.—Whenever a marriage is not
solemnized within two months after the date of the certificate issued by such Minister as aforesaid, such
certificate and all proceedings (if any) thereon shall be void,
and no person shall proceed to solemnize the said marriage until new notice has been given and a
certificate thereof issued in manner aforesaid.
PART IV
REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION
27. M arriages when to be registered. —All marriages hereafter solemnized in 2[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 registered3 in manner hereinafter prescribed.
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.
29. Quarterly returns to Archdeaconry. —Every Clergyman of the Church of England shall send
four times in every year returns induplicate, 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 4[Registrar
General of Births, Deaths and Marriages].
1. Subs. by the A. O. 1950, for “Native”.
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “a Part A State or a Part C State”.
3. As to the establishment of general registry offices of births, deaths and marriages, see the Biths, Deaths and Marriages
Registration Act, 1886 (6 of 1886), Ch. II.
4. Subs. by Act 6 of 1886, s. 30, for “Secretary to the L. G.”.
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30. Registration and returns of marriages solemnized by Clergymen of Church of Rome .—
Every marriage solemnized by a Clergyman of the Church of Rome shall be registered by the person and
according to the form directed in that behalf by the Roman Catholic Bishop of the Diocese or Vicariate in
which such marriage is solemnized,
and such person shall forward quarterly to t he 1[Registrar General of Births, Deaths and Marriages]
returns of the entries of all marriages registered by him during the three months next preceding.
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 quarterl y to the 1[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.
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 t he 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 c ertificate attached to the marriage -
register-book as a counterfoil.
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.
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 1[Registrar General of Births, Deaths
and Marriages].
35. Copies of certificates to be entered and numbered.—Such copies shall be entered in order from
the beginning to the end of the said book, and shall bear both the number of the certificate as copied, and
also a number to be entered by the Marriage Registrar, indicating the number of the entry of the said copy
in the said book, according to the order in which he receives each certificate.
36. Registrar to add number o f 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
1[Registrar General of Births, Deaths and Marriages].
37. Registration of marriages between Indian Christians, by persons referred to in clauses ( 1),
(2) and ( 3) of section 5. —Whenany marriage between 2[Indian] Christians is solemnized 3[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. Subs. by Act 6 of 1886, s. 30, for “Secretary to the L. G.”.
2. Subs. by the A. O. 1950, for “Native”.
3. Subs. by Act 18 of 1928, s. 2 and the first Schedule, for “under Part I or Part III or this Act”.
11
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 1[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 Marr iage Registrar of each
district,
and shall state therein the name an d 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.
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 like wise affix
the copy in some conspicuous place in his own office.
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.
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.
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 oath2—
1. Subs. by Act 6 of 1886, s. 30, for “Secretary to the Local Government.”.
2. As to the meaning of “oath”, see the General Clauses Act, 1897 (10 of 1897), s. 3(37) and s. 4.
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(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 o ath 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.
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.
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.
45. 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, whe re 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 ce rtificate 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.
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
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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.
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 .—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 th e 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.
1* * * * *
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.
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.
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 Ma rriage 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 so lemnized 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.”
1. Omitted by the A. O. 1950.
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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].”
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.
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.
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
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 certificate s 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 m arriage, 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.
55. Certificates to be sen t 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
the1[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 1[Registrar General of Births, Deaths and Marriages], to be kept by him
with the records of his office.
56. [Officers to whom Registrars in Indian States shall send certificates.) Omitted by the A. O. 1950.
57. Registrars to ascertain that notice and certificate are understood by Indian Christians .—
When any 2[Excerpt shown. Open the full act in Lexace.