enerscript/MARRIAGEACT · Datasets at Fast360

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shall, at his option, either return the notice, to the person who delivered it to him, or deliver it to some
other Minister entitled to officiate therein, who shall thereupon cause the notice to be affixed as aforesaid.
14. Notice of intended marriage in private dwelling.—If it be intended that the marriage shall be
solemnized in a private dwelling, the Minister of Religion, on receiving the notice prescribed in
section 12, shall forward it to the Marriage Registrar of the district, who shall affix the same to some
conspicuous place in his own office.
15. Sending copy of notice to Marriage Registrar when one party is a minor.—When one of the
persons intending marriage is a minor, every Minister receiving such notice shall, unless within
twenty-four hours after its receipt he returns the same under the provisions of section 13, send by the post
or otherwise a copy of such notice to the Marriage Registrar of the district, or, if there be more than one
Registrar of such district, to the Senior Marriage Registrar.
16. Procedure on receipt of notice.—The Marriage Registrar or Senior Marriage Registrar, as the
case may be, on receiving any such notice, shall affix it to some conspicuous place in his own office, and
the latter shall further cause a copy of the said notice to be sent to each of the other Marriage Registrars in
the same district, who shall likewise publish the same in the manner above directed.
17. Issue of certificate of notice given and declaration made.—Any Minister of Religion
consenting or intending to solemnize any such marriage as aforesaid, shall, on being required so to do by
or on behalf of the person by whom the notice was given, and upon one of the persons intending marriage
making the declaration herein after required, issue under his hand a certificate of such notice having been
given and of such declaration having been made:
Proviso.—Provided—
(1) that no such certificate shall be issued until the expiration of four days after the date of the
receipt of the notice by such Minister;
(2) that no lawful impediment be shown to his satisfaction why such certificate should not issue;
and
(3) that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by
any person authorized in that behalf.
18. Declaration before issue of certificate.—The certificate mentioned in section 17 shall not be
issued until one of the persons intending marriage has appeared personally before the Minister and made
a solemn declaration—
(a) that he or she believes that there is not any impediment of kindred or affinity, or other lawful
hindrance, to the said marriage,
And, when either or both of the parties is or are a minor or minors,
(b) that the consent or consents required by law has or have been obtained thereto, or that there is
no person resident in India having authority to give such consent, as the case may be.
19. Consent of father, or guardian, or mother.—The father, if living, of any minor, or, if the father
be dead the guardian of the person of such minor, and, in case there be no such guardian, then the mother
of such minor, may give consent to the minor’s marriage,
and such consent is hereby required for the same marriage, unless no person authorized to give such
consent be resident in India.
20. Power to prohibit by notice issue of certificate.—Every person whose consent to a marriage is
required under section 19, is hereby authorized to prohibit the issue of the certificate by any Minister, at
any time before the issue of the same, by notice in writing to such Minister, subscribed by the person so
authorized with is or her name and place of abode and position with respect to either of the persons
intending marriage, by reason of which he or she is so authorized as aforesaid.
21. Procedure on receipt of notice.—If any such notice be received by such Minister, he shall not
issue his certificate and shall not solemnize the said marriage until he has examined into the matter of the
said prohibition, and is satisfied that the person prohibiting the marriage has no lawful authority for such
prohibition,
9
or until the said notice is withdrawn by the person who gave it.
22. Issue of certificate in case of minority.—When either of the persons intending marriage is a
minor, and the Minister is not satisfied that the consent of the person whose consent to such marriage is
required by section 19 has been obtained, such Minister shall not issue such certificate until the expiration
of fourteen days after the receipt by him of the notice of marriage.
23. Issue of certificates to Indian Christians.—When any1
[Indian] Christians about to be married
takes a notice of marriage to a Minister of Religion, or applies for a certificate from such Minister under
section 17, such Minister shall, before issuing the certificate, ascertain whether such 1
[Indian] Christians
is cognizant of the purport and effect of the said notice or certificate, as the case may be, and, if not, shall
translate or cause to be translated the notice or certificate to such 1
[Indian] Christian into some language
which he understands.
24. Form of certificate.—The certificate to be issued by such Minister shall be in the form contained
in the Second Schedule hereto annexed, or to the like effect.
25. Solemnization of marriage.—After the issue of the certificate by the Minister, marriage may be
solemnized between the persons therein described according to such form or ceremony as the Minister
thinks fit to adopt:
Provided that the marriage be solemnized in the presence of at least two witnesses besides the
Minister.
26. Certificate void if marriage not solemnized within two months.—Whenever a marriage is not
solemnized within two months after the date of the certificate issued by such Minister as aforesaid, such
certificate and all proceedings (if any) thereon shall be void,
and no person shall proceed to solemnize the said marriage until new notice has been given and a
certificate thereof issued in manner aforesaid.
PART IV
REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION
27. Marriages when to be registered.—All marriages hereafter solemnized in 2
[India] between
persons one or both of whom professes or profess the Christian religion, except marriages solemnized
under Part V or Part VI of this Act, shall be registered3
in manner hereinafter prescribed.
28. Registration of marriages solemnized by Clergymen of Church of England.—Every
Clergyman of the Church of England shall keep a register of marriages and shall register therein,
according to the tabular form set forth in the Third Schedule hereto annexed, every marriage which he
solemnizes under this Act.
29. Quarterly returns to Archdeaconry.—Every Clergyman of the Church of England shall send
four times in every year returns induplicate, authenticated by his signature, of the entries in the register of
marriages solemnized at any place where he has any spiritual charge, to the Registrar of the Archdeaconry
to which he is subject, or within the limits of which such place is situate.
Contents of returns.—Such quarterly returns shall contain all the entries of marriages contained in
the said register from the first day of January to the thirty-first day of March, from the first day of April to
the thirtieth day of June, from the first day of July to the thirtieth day of September, and from the first day
of October to the thirty-first day of December, of each year, respectively, and shall be sent by such
Clergyman within two weeks from the expiration of each of the quarters above specified.
The said Registrar upon receiving the said returns shall send one copy thereof to the 4
[Registrar
General of Births, Deaths and Marriages].

shall, at his option, either return the notice, to the person who delivered it to him, or deliver it to some

other Minister entitled to officiate therein, who shall thereupon cause the notice to be affixed as aforesaid.

14. Notice of intended marriage in private dwelling.—If it be intended that the marriage shall be

solemnized in a private dwelling, the Minister of Religion, on receiving the notice prescribed in

section 12, shall forward it to the Marriage Registrar of the district, who shall affix the same to some

conspicuous place in his own office.

15. Sending copy of notice to Marriage Registrar when one party is a minor.—When one of the

persons intending marriage is a minor, every Minister receiving such notice shall, unless within

twenty-four hours after its receipt he returns the same under the provisions of section 13, send by the post

or otherwise a copy of such notice to the Marriage Registrar of the district, or, if there be more than one

Registrar of such district, to the Senior Marriage Registrar.

16. Procedure on receipt of notice.—The Marriage Registrar or Senior Marriage Registrar, as the

case may be, on receiving any such notice, shall affix it to some conspicuous place in his own office, and

the latter shall further cause a copy of the said notice to be sent to each of the other Marriage Registrars in

the same district, who shall likewise publish the same in the manner above directed.

17. Issue of certificate of notice given and declaration made.—Any Minister of Religion

consenting or intending to solemnize any such marriage as aforesaid, shall, on being required so to do by

or on behalf of the person by whom the notice was given, and upon one of the persons intending marriage

making the declaration herein after required, issue under his hand a certificate of such notice having been

given and of such declaration having been made:

Proviso.—Provided—

(1) that no such certificate shall be issued until the expiration of four days after the date of the

receipt of the notice by such Minister;

(2) that no lawful impediment be shown to his satisfaction why such certificate should not issue;

and

(3) that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by

any person authorized in that behalf.

18. Declaration before issue of certificate.—The certificate mentioned in section 17 shall not be

issued until one of the persons intending marriage has appeared personally before the Minister and made

a solemn declaration—

(a) that he or she believes that there is not any impediment of kindred or affinity, or other lawful

hindrance, to the said marriage,

And, when either or both of the parties is or are a minor or minors,

(b) that the consent or consents required by law has or have been obtained thereto, or that there is

no person resident in India having authority to give such consent, as the case may be.

19. Consent of father, or guardian, or mother.—The father, if living, of any minor, or, if the father

be dead the guardian of the person of such minor, and, in case there be no such guardian, then the mother

of such minor, may give consent to the minor’s marriage,

and such consent is hereby required for the same marriage, unless no person authorized to give such

consent be resident in India.

20. Power to prohibit by notice issue of certificate.—Every person whose consent to a marriage is

required under section 19, is hereby authorized to prohibit the issue of the certificate by any Minister, at

any time before the issue of the same, by notice in writing to such Minister, subscribed by the person so

authorized with is or her name and place of abode and position with respect to either of the persons

intending marriage, by reason of which he or she is so authorized as aforesaid.

21. Procedure on receipt of notice.—If any such notice be received by such Minister, he shall not

issue his certificate and shall not solemnize the said marriage until he has examined into the matter of the

said prohibition, and is satisfied that the person prohibiting the marriage has no lawful authority for such

prohibition,

9

or until the said notice is withdrawn by the person who gave it.

22. Issue of certificate in case of minority.—When either of the persons intending marriage is a

minor, and the Minister is not satisfied that the consent of the person whose consent to such marriage is

required by section 19 has been obtained, such Minister shall not issue such certificate until the expiration

of fourteen days after the receipt by him of the notice of marriage.

23. Issue of certificates to Indian Christians.—When any1

[Indian] Christians about to be married

takes a notice of marriage to a Minister of Religion, or applies for a certificate from such Minister under

section 17, such Minister shall, before issuing the certificate, ascertain whether such 1

[Indian] Christians

is cognizant of the purport and effect of the said notice or certificate, as the case may be, and, if not, shall

translate or cause to be translated the notice or certificate to such 1

[Indian] Christian into some language

which he understands.

24. Form of certificate.—The certificate to be issued by such Minister shall be in the form contained

in the Second Schedule hereto annexed, or to the like effect.

25. Solemnization of marriage.—After the issue of the certificate by the Minister, marriage may be

solemnized between the persons therein described according to such form or ceremony as the Minister

thinks fit to adopt:

Provided that the marriage be solemnized in the presence of at least two witnesses besides the

Minister.

26. Certificate void if marriage not solemnized within two months.—Whenever a marriage is not

solemnized within two months after the date of the certificate issued by such Minister as aforesaid, such

certificate and all proceedings (if any) thereon shall be void,

and no person shall proceed to solemnize the said marriage until new notice has been given and a

certificate thereof issued in manner aforesaid.

PART IV

REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION

27. Marriages when to be registered.—All marriages hereafter solemnized in 2

[India] between

persons one or both of whom professes or profess the Christian religion, except marriages solemnized

under Part V or Part VI of this Act, shall be registered3

in manner hereinafter prescribed.

28. Registration of marriages solemnized by Clergymen of Church of England.—Every

Clergyman of the Church of England shall keep a register of marriages and shall register therein,

according to the tabular form set forth in the Third Schedule hereto annexed, every marriage which he

solemnizes under this Act.

29. Quarterly returns to Archdeaconry.—Every Clergyman of the Church of England shall send

four times in every year returns induplicate, authenticated by his signature, of the entries in the register of

marriages solemnized at any place where he has any spiritual charge, to the Registrar of the Archdeaconry

to which he is subject, or within the limits of which such place is situate.

Contents of returns.—Such quarterly returns shall contain all the entries of marriages contained in

the said register from the first day of January to the thirty-first day of March, from the first day of April to

the thirtieth day of June, from the first day of July to the thirtieth day of September, and from the first day

of October to the thirty-first day of December, of each year, respectively, and shall be sent by such

Clergyman within two weeks from the expiration of each of the quarters above specified.

The said Registrar upon receiving the said returns shall send one copy thereof to the 4

[Registrar

General of Births, Deaths and Marriages].