THE INDIAN CHRISTIAN MARRIAGE ACT, 1872

THE INDIAN CHRISTIAN MARRIAGE ACT, 1872

PRELIMINARY

1. Short title Extent

[2. Enactments repealed -Repealed by the Repealing Act, 1938]

3. Interpretation-clause

4. Marriages to be solemnized according to Act

5. Persons by whom marriages may be solemnized

14[6. Grant and revocation of licenses to solemnize marriages

7. Marriage Registrar

Senior Marriage Registrars

Magistrate when to be Marriage Registrar

[8. Marriage Registrars in Indian States- Repealed by the A.O. 1950]

9. Licensing of persons to grant certificates of marriage between Indian Christians

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.

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. Petition when Marriage Registrar in Indian State refuses certificate- Repealed by the A.O. 1950]

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 marriage solemnized under Part V

55. Certificates to be sent monthly to Registrar General

Custody of register-book

[56. Officers to whom Registrars in Indian States shall send certificates- Repealed by the A.O. 1950]

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 VI27: MARRIAGE OF 13[INDIAN] CHRISTIANS

60. On what conditions marriages of Indian Christians may be certified

61. Grant of certificate

32[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

35[66. False oath, declaration, notice or certificate for procuring marriage

67. Forbidding, by false personation, issue of certificate by Marriage Registrar

36[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   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

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

43[81. Certificates of certain marriages 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- Repealed by the A.O. 1950]

85. Power to declare who shall be District Judge

54[86. Powers and functions exercisable as regards Indian States- Repealed by the A.O. 1950]

87. Saving of Consular marriages

88. Non-validation of marriages within prohibited degrees

SCHEDULE I : NOTICE OF MARRIAGE

Foot Notes

 

[Act No. 15 of 1872 dated 18th. July, 1872]

An Act to consolidate and amend the law relating to the solemnization in India of the marriages of Christians.

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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