Create THE INDIAN CHRISTIAN MARRIAGE ACT, 1872

THE INDIAN CHRISTIAN MARRIAGE ACT, 1872

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+THE INDIAN CHRISTIAN MARRIAGE ACT, 1872
+________
+ARRANGEMENT OF SECTIONS
+________
+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 [Repealed.].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 [Repealed.].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.
+2
+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.
+3
+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.
+4
+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.].
+5
+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.
+6
+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 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 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.
+7
+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 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, 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 church2
+[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.
+8
+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 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.
+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 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.
+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.
+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 issue 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 that the person prohibiting the marriage has no lawful authority for such
+prohibition, 
+9
+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 certificate 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 the 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. Marriages 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.”.
+10
+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 the 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 quarterly 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 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 marriageregister-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-registerbook 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 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
+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 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.
+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 twentyfour 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.
+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.
+12
+(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.
+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, 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.
+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 
+13
+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 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 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 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.”
+
+1. Omitted by the A. O. 1950.
+14
+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 certificates 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.
+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
+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
+[Indian] Christians about to be married gives a notice of marriage, or applies for a certificate
+from a Marriage Registrar, such Marriage Registrar shall ascertain whether the said 2
+[Indian] Christians
+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 2
+[Indian] Christians
+into a language which he understands;
+or the Marriage Registrar shall otherwise ascertain whether the2
+[Indian] Christians is cognizant of the
+purport and effect of the said notice and certificate.
+58. Indian Christians to be made to understand declarations.—When any 2
+[Indian] Christians is
+married under the provisions of this Part, the person solemnizing the marriage shall ascertain whether
+such 2
+[Indian] Christians 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 2
+[Indian]
+Christians, into a language which he understands, the declarations made at such marriage in accordance
+with the provisions of this Act.
+
+1. Subs. by Act 6 of 1886, s. 30, for “Secretary to the L.G.”.
+2. Subs. by the A.O. 1950, for “Native”.
+15
+59. Registration of marriages between Indian Christians.—The registration of marriages between
+1
+[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 VI2
+MARRIAGE OF 1
+[INDIAN] CHRISTIANS
+60. On what conditions marriages of 1
+[Indian] Christians may be certified.—Every marriage
+between 1
+[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 3
+[shall not be under 4
+[twenty-one years]], and the
+age of the woman intending to be married 5
+[shall not be under 6
+[eighteen 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. 1, 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:
+7* * * * *
+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.
+8
+[62. Keeping of register-book and deposit of extracts therefrom 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 registerbook of all entries made therein since the last of those intervals.]
+9* * * * *
+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.
+
+1. Subs. by the Act A.O. 1950, for “Native”.
+2. As to validation of post 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).
+3. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for “shall exceed sixteen years”.
+4. Subs. by Act 2 of 1978, s. 6 and the Schedule, for “eighteen years” (w.e.f. 1-10-1978).
+5. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for “shall exceed thirteen years”.
+6. Subs. by Act 2 of 1978, s. 6 and Schedule, for “fifteen years” (w.e.f. 1-10-1978).
+7. Proviso omitted by s. 6 and the Schedule, ibid., (w.e.f. 1-10-1978).
+8. Subs. by Act 2 of 1891, s. 4, for s. 62.
+9. Sub-section (2) omitted by the A.O. 1950.
+16
+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 therefrom,
+allowing searches thereof, and giving copies of the entries therein, shall, mutatis mutandis, apply to the
+books kept under section 37.
+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
+1
+[Part V of Act No. 25 of 1864], previous to the twenty-third day of February, 1865.
+PART VII
+PENALTIES
+2
+[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.]
+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).
+3
+[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 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,
+4* * * * *
+and shall also be liable to fine.]
+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 licence.—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.
+5
+[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.]
+
+1. Act 25 of 1864 had been rep. by Act 5 of 1855, which was rep. by this Act.
+2. Subs. by Act 2 of 1891, s. 5, for s. 66.
+3. Subs. by s. 6, ibid., for s. 68.
+4. Omitted by the A.O. 1950.
+5. Ins. by Act 2 of 1891, s. 7.
+17
+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.
+71. Issuing certificate, or marrying, without publication of notice.—A Marriage Registrar under
+this Act, who commits any of the following offences:—
+(1) knowingly and wilfully issues any certificate for marriage, or solemnizes any marriage,
+without publishing the notice of such marriage as directed by this Act;
+1
+[(2) marrying after expiry of notice.—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;]
+(3) solemnizing marriage with minor within fourteen days, without authority of Court, or
+without sending copy of notice.—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;
+(4) issuing certificate against authorized prohibition.—issues any certificate the issue of which
+has been prohibited, as in this Act provided, by any person authorized to prohibit the issue thereof,
+shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to
+fine.
+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 2
+[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 (45 of 1860).
+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 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,
+or, not being a Clergyman of the Church of Scotland, solemnizing a 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,
+issuing certificate, or marrying, without publishing notice, or after expiry of certificate;—
+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;
+
+1. Subs. by Act 2 of 1891, s. 8(1), for clause (2).
+2. Subs. by s. 8(2), ibid., for “three months”.
+18
+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
+after the receipt of notice of such marriage, or without sending, by 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 has been forbidden, under this Act, by any person authorized to 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.
+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.
+1
+[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.]
+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.
+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
+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.
+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 two 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.
+
+1. Ins. by Act 2 of 1891, s. 9.
+19
+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 1
+[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.
+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 1
+[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.
+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.
+2
+[81. Certificates of certain marriages to be sent to Central Government.—The Registrar General
+of Births, Deaths and Marriages 3*** shall, at the end of every quarter in each year, select, from the
+certificates of marriages forwarded to 4
+[him], during such quarter, the certificates of the marriages of
+which 5
+[the Government by whom he was appointed] may desire that evidence shall be transmitted to
+England, and shall send the same certificates, signed by 4
+[him] to the 6
+[Central Government].]
+82. State Government to prescribe fees.—Fees shall be chargeable under this Act for—
+receiving and publishing notices of marriages;
+issuing7
+[certificates for marriage] by Marriage Registrars, and registering marriages by the same;
+entering protests against, or prohibitions of, the issue of 8
+[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.
+83. Power to make rules.—9
+[(1)] The State Government 10[ may, by notification in the Official
+Gazette, make rules] in regard to the disposal of the fees mentioned in section 82, the supply of registerbooks, and the preparation and submission of returns of marriages solemnized under this Act.
+11[(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. Subs. by Act 6 of 1886, s. 30, for “Secretary to a L.G.”.
+2. Subs. by Act 13 of 1911, s. 2, for s. 81.
+3. The words and figures “and the officers appointed under section 56” omitted by Act 48 of 1952, s. 3 and the Second Schedule.
+4. Subs. by s. 3 and the Second Schedule, ibid., for “them respectively”.
+5. Subs. by the A.O. 1937, for “the G. G. in C.”.
+6. Subs. by the A.O. 1948, for “Secretary of State for India”.
+7. Subs. by Act 1 of 1903, s. 3 and the Second Schedule, for “certificates of marriage”.
+8. Subs. by s. 3 and the Second Schedule, ibid., for “marriage certificates”.
+9. Section 83 re-numbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).
+10. Subs. by s. 2 and the Schedule, ibid., for “may make rules” (w.e.f. 15-3-1984).
+11. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 15-3-1984).
+20
+84. [Power to prescribe fees and rules for Indian States.] Omitted by the A.O. 1950.
+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.
+86. [Powers and functions exercisable as regards Indian States.] Omitted by the A.O. 1950.
+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.
+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.
+21
+SCHEDULE I
+(See sections 12 and 38)
+NOTICE OF MARRIAGE
+To a Minister [or Registrar] 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):—
+Names. Condition. Rank or
+profession.
+Age. Dwelling place. Length of
+residence.
+Church, chapel or
+place of worship
+in which the
+marriage is to be
+solemnized.
+District in which the
+other party resides,
+when the parties
+dwell in different
+districts.
+James Smith.
+Windower. Carpenter.
+of full age.
+16, Clive Street.
+23 days.
+Free church of Scotland Church,
+Culcutta. Martha Green. Spinster.
+…
+Minor.
+20, Hastings
+Street.
+More than a
+month.
+Witness my hand, this day of seventy-two
+(Signed) JAMES SMITH.
+[The italics in this 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.]
+22
+SCHEDULE II
+(See sections 24 and 50)
+CERTIFICATE OF RECEIPT OF NOTICE
+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):—
+Names. Condition. Rank or
+profession.
+Age. Dwelling
+place.
+Length of
+residence.
+Church,
+chapel or
+place of
+worship in
+which the
+marriage is
+to be
+solemnized.
+District in which
+the other party
+resides, when the
+parties dwell in
+different districts.
+James
+Smith. Widower. Carpenter.
+of full age. 16, Clive
+Sreet.
+23 days. Free Church of Scotland Church,
+Calcutta. Martha Green. Spinster.
+……………….
+Minor. 20, Hastings
+Street. More than a
+month.
+and that the declaration1
+[or oath], required by section 17 or 41 of the Indian Christian Marriage
+Act, 1872 (15 of 1872), has been duly made by the said (James Smith).
+Date of notice entered
+Date of Certificate given
+Witness my hand, this
+The issue of this certificate has not been prohibited by any person
+authorized to forbid the issue thereof.
+day of seventy-two.
+(Signed)
+This certificate will be void, unless the marriage is solemnized on or before the day of
+[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].
+
+1. Ins. by Act 1 of 1903, s. 3, and the Second Schedule.
+23
+SCHEDULE III
+1
+[(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
+Calcutta,
+of Madras, as made and transmitted to me for the quarter
+Bombay,
+commencing the day of ending the day
+of in the year of Our Lord
+[Signature of Registrar.]
+Calcutta.
+Registrar of the Archdeaconry of Madras.
+Bombay.
+Allahabad,
+MARRIAGES solemnized at Barrackpore,
+Bareilly,
+Calcutta, etc., etc.
+when
+married.
+Names of parties.
+Year.
+Month.
+Day.
+Christian.
+Surname.
+Age.
+Condition.
+Rank or
+profession.
+Residence at
+the time of
+marriage.
+Father’s name
+and surname.
+By banns or
+license.
+Signatures of
+the parties.
+Signatures
+Of two or more
+witnesses present.
+Signature of the
+person solemnizing
+the marriage.
+
+1. Subs. by Act 12 of 1891, s. 2 and the Second Schedule, for “(see section 28)”.
+24
+SCHEDULE IV
+(See sections 32 and 54)
+MARRIAGE REGISTER BOOK
+Number.
+Names of Parties. Age. Condition. Rank or
+profession..
+Residence
+at the time
+of
+marriage.
+Father’s
+name and
+When married surname.
+. Christian
+name.
+Surname.
+1
+Day. Month. Year.
+James.
+Martha.
+White .
+Duncan.
+26 years.
+17 years.
+Widower.
+Spinster.
+Carpenter.
+……..
+Agra…
+Agra…
+William
+White.
+John
+Duncan.
+Married in the
+This marriage was solemnized between us
+James
+White,
+Martha
+Duncan,
+in the presence of us
+John Smith.
+John Green.
+25
+CERTIFICATE OF MARRIAGE
+Number. When married. Names of Parties. Age. Condition. Rank or
+profession.
+Residence at
+the time of
+marriage.
+Father’s
+name and
+surname. Christian
+name.
+Surname.
+1
+Day. Month. Year.
+James...
+Martha...
+White...
+Duncan...
+26 years.
+17 years.
+Widower
+...
+Spinster
+Carpenter
+……….
+Agra......
+Agra......
+William
+White
+Jhon
+Duncan
+Married in the
+This marriage was solemnized between us
+James White,
+Martha Duncan,
+in the presence of us John Smith.
+John Green.
+26
+(SCHEDULE V.)
+SCHEDULE V.—[Enactments repealed.] Rep.by the Repealing Act, 1938 (1 of 1938), s. 2 and the
+Schedule.