enerscript/MARRIAGEACT · Datasets at Fast360

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4. Marriages to be solemnized according to Act.—Every marriage between persons, one or both of
whom is 2
[or are] a Christian or Christians, shall be solemnized in accordance with the provisions of the
next following section; and any such marriage solemnized otherwise than in accordance with such
provisions shall be void.
5. Persons by whom marriages may be solemnized.—Marriages may be solemnized in 3
[India]—
(1) by any person who has received episcopal ordination, provided that the marriage be
solemnized according to the rules, rites, ceremonies and customs of the Church of which he is a
Minister;
(2) by any Clergyman of the Church of Scotland, provided that such marriage be solemnized
according to the rules, rites, ceremonies and customs of the Church of Scotland;
(3) by any Minister of Religion licensed under this Act to solemnize marriages;
(4) by, or in the presence of, a Marriage Registrar appointed under this Act;
(5) by any person licensed under this Act to grant certificates of marriage between 4
[Indian]
Christians.
5
[6. Grant and revocation of licenses to solemnize marriages.—The State Government, so far as
regards the territories under its administration, 6* may, by notification in the Official Gazette 7*,
grant licenses to Ministers of Religion to solemnize marriages within such territories 8*** and may, by a
like notification revoke such licenses.]
7. Marriage Registrars.—The State Government may appoint one or more Christians, either by
name or as holding any office for the time being, to be the Marriage Registrar or Marriage Registrars for
any district subject to its administration.
Senior Marriage Registrar.—Where there are more Marriage Registrars than one in any district, the
State Government shall appoint one of them to be the Senior Marriage Registrar.
Magistrate when to be Marriage Registrar.—When there is only one Marriage Registrar in a
district, and such Registrar is absent from such district, or ill, or when his office is temporarily vacant, the
Magistrate of the district shall act as, and be, Marriage Registrar thereof during such absence, illness, or
temporary vacancy.
STATE AMENDMENT
KARNATAKA
In section 7, for the words, “Magistrate of the district” the words “District Magistrate” shall be substituted.
[Vide Karnataka Act 13 of 1965, s. 67 and Schedule.]
8. [Marriage Registrars in Indian States.]—Rep., by the A. O. 1950.
9. Licensing of persons to grant certificates of marriage between Indian Christians.—The State
Government 9*** may grant a license to any Christian, either by name or as holding any office for the
time being, authorizing him to grant certificates of marriage between 4
[Indian] Christians.

1. Ins. by Act 6 of 1886, s. 30.
2. Ins. by Act 12 of 1891, s. 2 and the Second Schedule.
3. Subs. by Act 3 of 1951, s. 3 and Sch., for “Part A States and Part C States”.
4. Subs. by the A. O. 1950, for “Native”.
5. Subs. by Act 2 of 1891, s. 1, for s. 6.
6. The words “and the Central Government, so far as regards any Indian State” omitted by the A.O. 1950.
7. The words “or in the Gazette of India, as the case may be” omitted by the A.O. 1937.
8. The words “and State, respectively,” omitted by the A.O. 1950.
9. The words and brackets “or (so far as regard any Indian State) the Central Government” omitted by the A.O. 1950.
7
Any such license may be revoked by the authority by which it was granted, and every such grant or
revocation shall be notified in the Official Gazette.
PART II
TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED
10. Time for solemnizing marriage.—Every marriage under this Act shall be solemnized between
the hours of six in the morning and seven in the evening:
Exceptions.—Provided that nothing in this section shall apply to—
(1) a Clergyman of the Church of England solemnizing a marriage under a special license
permitting him to do so at any hour other than between six in the morning and seven in the
evening, under the hand and seal of the Anglican Bishop of the Diocese or his Commissary, or
(2) a Clergyman of the Church of Rome solemnizing a marriage between the hours of seven
in the evening and six in the morning, when he has received a general or special license in that
behalf from the Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is so
solemnized, or from such person as the same Bishop has authorized to grant such license, 1
[or
(3) a Clergyman of the Church of Scotland solemnizing a marriage according to the rules,
rites, ceremonies and customs of the Church of Scotland.]
11. Place for solemnizing marriage.—No Clergyman of the Church of England shall solemnize a
marriage in any place other than a church2
[where worship is generally held according to the forms of the
Church of England],
unless there is no 2
[such] church within five miles distance by the shortest road from such place, or
unless he has received a special license authorizing him to do so under the hand and seal of the
Anglican Bishop of the Diocese or his Commissary.
Fee for special license.—For such special license, the Registrar of the Diocese may charge such
additional fee as the said Bishop from time to time authorizes.
PART III
MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LICENSED UNDER THIS ACT
12. Notice of intended marriage.—Whenever a marriage is intended to be solemnized by a Minister
of Religion licensed to solemnize marriages under this Act—
one of the persons intending marriage shall give notice in writing, according to the form contained in
the First Schedule hereto annexed, or to the like effect, to the Minister of Religion whom he or she desires
to solemnize the marriage, and shall state therein—
(a) the name and surname, and the profession or condition, of each of the persons intending
marriage,
(b) the dwelling-place of each of them,
(c) the time during which each has dwelt there, and
(d) the church or private dwelling in which the marriage is to be solemnized:
Provided that, if either of such persons has dwelt in the place mentioned in the notice during more
than one month, it may be stated therein that he or she has dwelt there one month and upwards.
13. Publication of such notice.—If the persons intending marriage desire it to be solemnized in a
particular church, and if the Minister of Religion to whom such notice has been delivered be entitled to
officiate therein, he shall cause the notice to be affixed in some conspicuous part of such church.

1. Ins. by Act 2 of 1891, s. 2.
2. Ins. by s. 3, ibid.
8
Return or transfer of notice.—But if he is not entitled to officiate as a Minister in such church, he

4. Marriages to be solemnized according to Act.—Every marriage between persons, one or both of

whom is 2

[or are] a Christian or Christians, shall be solemnized in accordance with the provisions of the

next following section; and any such marriage solemnized otherwise than in accordance with such

provisions shall be void.

5. Persons by whom marriages may be solemnized.—Marriages may be solemnized in 3

[India]—

(1) by any person who has received episcopal ordination, provided that the marriage be

solemnized according to the rules, rites, ceremonies and customs of the Church of which he is a

Minister;

(2) by any Clergyman of the Church of Scotland, provided that such marriage be solemnized

according to the rules, rites, ceremonies and customs of the Church of Scotland;

(3) by any Minister of Religion licensed under this Act to solemnize marriages;

(4) by, or in the presence of, a Marriage Registrar appointed under this Act;

(5) by any person licensed under this Act to grant certificates of marriage between 4

[Indian]

Christians.

5

[6. Grant and revocation of licenses to solemnize marriages.—The State Government, so far as

regards the territories under its administration, 6*** may, by notification in the Official Gazette 7***,

grant licenses to Ministers of Religion to solemnize marriages within such territories 8*** and may, by a

like notification revoke such licenses.]

7. Marriage Registrars.—The State Government may appoint one or more Christians, either by

name or as holding any office for the time being, to be the Marriage Registrar or Marriage Registrars for

any district subject to its administration.

Senior Marriage Registrar.—Where there are more Marriage Registrars than one in any district, the

State Government shall appoint one of them to be the Senior Marriage Registrar.

Magistrate when to be Marriage Registrar.—When there is only one Marriage Registrar in a

district, and such Registrar is absent from such district, or ill, or when his office is temporarily vacant, the

Magistrate of the district shall act as, and be, Marriage Registrar thereof during such absence, illness, or

temporary vacancy.

STATE AMENDMENT

KARNATAKA

In section 7, for the words, “Magistrate of the district” the words “District Magistrate” shall be substituted.

[Vide Karnataka Act 13 of 1965, s. 67 and Schedule.]

8. [Marriage Registrars in Indian States.]—Rep., by the A. O. 1950.

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

Government 9*** may grant a license to any Christian, either by name or as holding any office for the

time being, authorizing him to grant certificates of marriage between 4

[Indian] Christians.

1. Ins. by Act 6 of 1886, s. 30.

2. Ins. by Act 12 of 1891, s. 2 and the Second Schedule.

3. Subs. by Act 3 of 1951, s. 3 and Sch., for “Part A States and Part C States”.

4. Subs. by the A. O. 1950, for “Native”.

5. Subs. by Act 2 of 1891, s. 1, for s. 6.

6. The words “and the Central Government, so far as regards any Indian State” omitted by the A.O. 1950.

7. The words “or in the Gazette of India, as the case may be” omitted by the A.O. 1937.

8. The words “and State, respectively,” omitted by the A.O. 1950.

9. The words and brackets “or (so far as regard any Indian State) the Central Government” omitted by the A.O. 1950.

7

Any such license may be revoked by the authority by which it was granted, and every such grant or

revocation shall be notified in the Official Gazette.

PART II

TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED

10. Time for solemnizing marriage.—Every marriage under this Act shall be solemnized between

the hours of six in the morning and seven in the evening:

Exceptions.—Provided that nothing in this section shall apply to—

(1) a Clergyman of the Church of England solemnizing a marriage under a special license

permitting him to do so at any hour other than between six in the morning and seven in the

evening, under the hand and seal of the Anglican Bishop of the Diocese or his Commissary, or

(2) a Clergyman of the Church of Rome solemnizing a marriage between the hours of seven

in the evening and six in the morning, when he has received a general or special license in that

behalf from the Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is so

solemnized, or from such person as the same Bishop has authorized to grant such license, 1

[or

(3) a Clergyman of the Church of Scotland solemnizing a marriage according to the rules,

rites, ceremonies and customs of the Church of Scotland.]

11. Place for solemnizing marriage.—No Clergyman of the Church of England shall solemnize a

marriage in any place other than a church2

[where worship is generally held according to the forms of the

Church of England],

unless there is no 2

[such] church within five miles distance by the shortest road from such place, or

unless he has received a special license authorizing him to do so under the hand and seal of the

Anglican Bishop of the Diocese or his Commissary.

Fee for special license.—For such special license, the Registrar of the Diocese may charge such

additional fee as the said Bishop from time to time authorizes.

PART III

MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LICENSED UNDER THIS ACT

12. Notice of intended marriage.—Whenever a marriage is intended to be solemnized by a Minister

of Religion licensed to solemnize marriages under this Act—

one of the persons intending marriage shall give notice in writing, according to the form contained in

the First Schedule hereto annexed, or to the like effect, to the Minister of Religion whom he or she desires

to solemnize the marriage, and shall state therein—

(a) the name and surname, and the profession or condition, of each of the persons intending

marriage,

(b) the dwelling-place of each of them,

(c) the time during which each has dwelt there, and

(d) the church or private dwelling in which the marriage is to be solemnized:

Provided that, if either of such persons has dwelt in the place mentioned in the notice during more

than one month, it may be stated therein that he or she has dwelt there one month and upwards.

13. Publication of such notice.—If the persons intending marriage desire it to be solemnized in a

particular church, and if the Minister of Religion to whom such notice has been delivered be entitled to

officiate therein, he shall cause the notice to be affixed in some conspicuous part of such church.

1. Ins. by Act 2 of 1891, s. 2.

2. Ins. by s. 3, ibid.

8

Return or transfer of notice.—But if he is not entitled to officiate as a Minister in such church, he