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Report No. 15

2. Definitions.-

In this Act, unless the context otherwise requires,-

(a) "Christian" means a person professing the Christian religion;

(Section 3, part, Christian Marriage Act)

(b) "church building" includes any chapel or other building generally used for public Christian worship;

(Section 3, part, Christian Marriage Act)

(c) "desertion" means the withdrawal by one spouse, without reasonable cause and without the consent or against the wish of the other spouse, from cohabitation with the other spouse with the intention of bringing cohabitation permanently to an end; and its grammatical variations and cognate expressions shall be construed accordingly;

[Section 3(9) Divorce Act (Contrast section 10(1), Expl., H.M.A.]

(d) "diplomatic officer'" means an ambassador, envoy, minister, charge d' affairs, High Commissioner, Commissioner or other diplomatic representative, or a counsellor or secretary of an embassy, legation or High Commission;

[(New) Cf. section 2(d), S.M.A.J]

(e) "district", in relation to a Marriage Registrar, means the area for which he is appointed as such under this Act;

[(New) Cf. section 2(d), S.M.A.]

(f) "district court" means, in any area for which there is a city civil court, that court, and, in any other area, the principal civil court of original jurisdiction, and includes any other civil court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters dealt with in this Act;

[Section 3(3) part, Divorce Act]
[Cf. section 3 (b), H.M.A. Contrast section 2(e), S.M.A.]

(g) "India" means the territories to which this Act extends;

[Section 3, part, Christian Marriage Act.]

(h) "licensed Minister" means a Minister of Church licensed under section 8 to solemnise marriages under this Act;

(i) "Marriage Registrar" means the Marriage Registrar appointed under section 9 or section 10;

(j) "Minister of a recognised Church means a Minister of any Church which is a recognised Church within the meaning of this Act;

(k) "minor" means a person who has not completed the age of eighteen years;

[Section 3, part, Christian Marriages Act and section 3(5), Divorce Act]

(I) "prescribed" means prescribed by rules made under this Act;

(m) "prohibited relationship"-a man and any of the persons mentioned in Part I of the First Schedule, and a woman and any of the persons mentioned in Part II of the said Schedule, are within prohibited relationship;

Explanation 1.-"Relationship" includes,-

(a) relationship by half or uterine blood as well as by full blood;

(b) illegitimate blood relationship as well as legitimate, and all term of relationship in this Act shall be construed accordingly;

Explanation 2.-"Full blood" and "half blood'-Two persons are said to be related to each other by full blood when they are descended from a common ancestor by the same wife and by half blood when they are descended from a common ancestor but by different wives;

Explanation 3.-"Uterine blood"'-two persons are said to be related to each other by uterine blood when they are descended from a common ancestress but by different husbands;

[New] [Cf. section 2(b), S.M.A]

(n) "recognised Church" means a Church declared to be a recognised Church under section 7;

(o) "Registrar-General" means

(i) a Registrar-General of Births, Deaths and Marriages appointed under the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886), and

(ii) in relation to any territories to which that Act does not extend, an officer performing the functions of a Registrar-General of Births, Deaths and Marriages under any corresponding law in force in those territories;

[Section 3, part, Christian Marriage Act]

(p) "rule", in any expression denoting rules of any Church, includes a rite, ceremony or custom of that Church.

Report on the Law of Christian Marriage and Divorce Back

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