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Indian Christian Marriage Act,1872

Contents

Sections

Particulars

 

Preliminary

1

Short title Extent

2

Enactments repealed -Repealed by the Repealing Act, 1938s

3

Interpretation-clause

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 Registrar

 

Senior Marriage Registrars

 

Magistrate when to be Marriage Registrar

8

Marriage Registrars in Indian States- Repealed by the A.O. 1950

9

Licensing of persons to grant certificates of marriage between Indian Christians

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.

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

Petition when Marriage Registrar in Indian State refuses certificate- Repealed by the A.O. 1950

48

Petition when Registrar doubts authority of person forbidding

 

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 marriage solemnized under Part V

55

Certificates to be sent monthly to Registrar General

 

Custody of register-book

56

Officers to whom Registrars in Indian States shall send certificates- Repealed by the A.O. 1950

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 there from 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   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

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

Power to prescribe fees and rules for Indian States- Repealed by the A.O. 1950

85

Power to declare who shall be District Judge

86

Powers and functions exercisable as regards Indian States- Repealed by the A.O. 1950

87

Saving of Consular marriages

88

Non-validation of marriages within prohibited degrees

Schedule I

Notice Of Marriage

 

Foot Notes 

 

[Act No. 15 of 1872 dated 18th. July, 1872]

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: -

 



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