Report No. 15
Clause 62
The following changes have been made:-
(i) Existing section 77(1) of the Christian Marriage Act saves any irregularity regarding any statement in regard to the consent of any person" whose consent is required by law. This has been omitted, because the substantive provision1 regarding effect of want of guardian's consent makes the marriage voidable, and not void. Therefore, no saving for false statement regarding consent is necessary.
(ii) Existing section 77(4) saves irregularity as to time and place of marriage. This has been omitted, because the substantive provisions regarding time and place (sections 10 and 11 of the Christian Marriage Act) have been omitted.2
(iii) The words "solemnized in accordance with the provisions of sections 4 and 5" have been replaced by "solemnized between two Christians under this Act in accordance with the provisions of section 6". The reference to existing section 4 is thus replaced by the gist thereof, namely-"between two Christians". It is also made clear that the marriage must be under the Act.
1. Clause 28(2)(b).
2. Clauses 21(2) and 64 are merely enabling provisions.
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