The Indian Christian Marriage Act, 1872

 

Preliminary

 

1. Short title. Extent.

2. Enactments repealed.

3. Interpretation-clause.

PART 1

 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 [Repealed].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 licence.

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 of Indian Christians.

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 Minister 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

 Marriage 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 forbidding. 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.

55. Certificates to be sent monthly to Registrar-General. Custody of register-book.

56. Officers to whom Registrar in Indian States shall send certificates.

57. Registrars to ascertain that notice and certificate are understood by Indian Christians.

58. Indian Christian 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

 Penalities

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 licence.

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 Limitation of prosecutions under Act.

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.

80. Certified copy of entry in marriage-register, etc., to be evidence.

81. Certificates of certain marriage to be sent to Central Government.

82. State Government to prescribe fees.

83. Power to make rules.

84. Power to prescribe fees and rules for Indian States.

85. Power to declare who shall be District Judge.

86. Powers and functions exercisable as regards Indian States.

87. Saving of Consular marriages.

88. Non-validation of marriages within prohibited degrees.

________________

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: 

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