enerscript/MARRIAGEACT · Datasets at Fast360

text stringlengths 0 206
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 [Repealed.].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 [Repealed.].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SCHEDULE V.—[Repealed.].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

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