enerscript/MARRIAGEACT · Datasets at Hugging Face

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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 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
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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 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

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