enerscript/MARRIAGEACT · Datasets at Hugging Face

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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

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