enerscript/MARRIAGEACT · Datasets at Fast360

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1. Subs. by the A. O. 1950, for “Native”.
2. Subs. by Act 3 of 1951, s. 3 and Sch., for “a Part A State or a Part C State”.
3. As to the establishment of general registry offices of births, deaths and marriages, see the Biths, Deaths and Marriages
Registration Act, 1886 (6 of 1886), Ch. II.
4. Subs. by Act 6 of 1886, s. 30, for “Secretary to the L. G.”.
10
30. Registration and returns of marriages solemnized by Clergymen of Church of Rome.—
Every marriage solemnized by a Clergyman of the Church of Rome shall be registered by the person and
according to the form directed in that behalf by the Roman Catholic Bishop of the Diocese or Vicariate in
which such marriage is solemnized,
and such person shall forward quarterly to the 1
[Registrar General of Births, Deaths and Marriages]
returns of the entries of all marriages registered by him during the three months next preceding.
31. Registration and returns of marriages solemnized by Clergymen of Church of Scotland.—
Every Clergyman of the Church of Scotland 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,
and shall forward quarterly to the 1
[Registrar General of Births, Deaths and Marriages], through the
Senior Chaplain of the Church of Scotland, returns, similar to those prescribed in section 29, of all such
marriages.
32. Certain marriages to be registered in duplicate.—Every marriage solemnized by any person
who has received episcopal ordination, but who is not a Clergyman of the Church of England, or of the
Church of Rome, or by any Minister of Religion licensed under this Act to solemnize marriages, shall
immediately after the solemnization thereof, be registered in duplicate by the person solemnizing the
same; (that is to say) in a marriage-register book to be kept by him for that purpose, according to the form
contained in the Fourth Schedule hereto annexed, and also in a certificate attached to the marriageregister-book as a counterfoil.
33. Entries of such marriages to be signed and attested.—The entry of such marriage in both the
certificate and marriage-register-book shall be signed by the person solemnizing the marriage, and also by
the persons married, and shall be attested by two credible witnesses, other than the person solemnizing
the marriage, present at its solemnization.
Every such entry shall be made in order from the beginning to the end of the book, and the number of
the certificate shall correspond with that of the entry in the marriage-register-book.
34. Certificate to be forwarded to Marriage Registrar, copied and sent to Registrar General.—
The person solemnizing the marriage shall forthwith separate the certificate from the marriage-registerbook and send it, within one month from the time of the solemnization, to the Marriage Registrar of the
district in which the marriage was solemnized, or, if there be more Marriage Registrars than one, to the
Senior Marriage Registrar,
who shall cause such certificate to be copied into a book to be kept by him for that purpose,
and shall send all the certificates which he has received during the month, with such number and
signature or initials added thereto as are hereinafter required, to the 1
[Registrar General of Births, Deaths
and Marriages].
35. Copies of certificates to be entered and numbered.—Such copies shall be entered in order from
the beginning to the end of the said book, and shall bear both the number of the certificate as copied, and
also a number to be entered by the Marriage Registrar, indicating the number of the entry of the said copy
in the said book, according to the order in which he receives each certificate.
36. Registrar to add number of entry to certificate, and send to Registrar General.—The
Marriage Registrar shall also add such last-mentioned number of the entry of the copy in the book to the
certificate, with his signature or initials, and shall, at the end of every month, send the same to the
1
[Registrar General of Births, Deaths and Marriages].
37. Registration of marriages between Indian Christians, by persons referred to in clauses (1),
(2) and (3) of section 5.—Whenany marriage between 2
[Indian] Christians is solemnized 3
[by any such
person, Clergyman or Minister of Religion as is referred to in clause (1), clause (2) or clause (3) of
section 5], the person solemnizing the same shall, instead of proceeding in the manner provided by

1. Subs. by Act 6 of 1886, s. 30, for “Secretary to the L. G.”.
2. Subs. by the A. O. 1950, for “Native”.
3. Subs. by Act 18 of 1928, s. 2 and the first Schedule, for “under Part I or Part III or this Act”.
11
sections 28 to 36, both inclusive, register the marriage in a separate register-book, and shall keep it safely
until it is filled, or, if he leave the district in which he solemnized the marriage before the said book is
filled, shall make over the same to the person succeeding to his duties in the said district.
Custody and disposal of register-book.—Whoever has the control of the book at the time when it is
filled, shall send it to the Marriage Registrar of the district, or, if there be more Marriage Registrars than
one, to the Senior Marriage Registrar, who shall send it to the 1
[Registrar General of Births, Deaths and
Marriages,] to be kept by him with the records of his office.
PART V
MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR
38. Notice of intended marriage before Marriage Registrar.—When a marriage is intended to be
solemnized by, or in the presence of, a Marriage Registrar, one of the parties to such marriage shall give
notice in writing, in the form contained in the First Schedule hereto annexed, or to the like effect, to any
Marriage Registrar of the district within which the parties have dwelt,
or, if the parties dwell in different districts, shall give the like notice to a Marriage Registrar of each
district,
and shall state therein the name and surname, and the profession or condition, of each of the parties
intending marriage, the dwelling-place of each of them, the time during which each has dwelt therein, and
the place at which the marriage is to be solemnized:
Provided that, if either party has dwelt in the place stated in the notice for more than one month, it
may be stated therein that he or she has dwelt there one month and upwards.
39. Publication of notice.—Every Marriage Registrar shall, on receiving any such notice, cause a
copy thereof to be affixed in some conspicuous place in his office.
When one of the parties intending marriage is a minor, every Marriage Registrar shall, within twentyfour hours after the receipt by him of the notice of such marriage, send, by post or otherwise, a copy of
such notice to each of the other Marriage Registrars (if any) in the same district, who shall likewise affix
the copy in some conspicuous place in his own office.
40. Notice to be filed and copy entered in Marriage Notice Book.—The Marriage Registrar shall
file all such notices and keep them with the records of his office,
and shall also forthwith enter a true copy of all such notices in a book to be furnished to him for that
purpose by the State Government, and to be called the “Marriage Notice Book”,
and the Marriage Notice Book shall be open at all reasonable times, without fee, to all persons
desirous of inspecting the same.
41. Certificate of notice given and oath made.—If the party by whom the notice was given requests
the Marriage Registrar to issue the certificate next hereinafter mentioned, and if one of the parties
intending marriage has made oath as hereinafter required, the Marriage Registrar shall issue under his
hand a certificate of such notice having been given and of such oath having been made:
Proviso.—Provided—
that no lawful impediment be shown to his satisfaction why such certificate should not issue;

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

2. Subs. by Act 3 of 1951, s. 3 and Sch., for “a Part A State or a Part C State”.

3. As to the establishment of general registry offices of births, deaths and marriages, see the Biths, Deaths and Marriages

Registration Act, 1886 (6 of 1886), Ch. II.

4. Subs. by Act 6 of 1886, s. 30, for “Secretary to the L. G.”.

10

30. Registration and returns of marriages solemnized by Clergymen of Church of Rome.—

Every marriage solemnized by a Clergyman of the Church of Rome shall be registered by the person and

according to the form directed in that behalf by the Roman Catholic Bishop of the Diocese or Vicariate in

which such marriage is solemnized,

and such person shall forward quarterly to the 1

[Registrar General of Births, Deaths and Marriages]

returns of the entries of all marriages registered by him during the three months next preceding.

31. Registration and returns of marriages solemnized by Clergymen of Church of Scotland.—

Every Clergyman of the Church of Scotland 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,

and shall forward quarterly to the 1

[Registrar General of Births, Deaths and Marriages], through the

Senior Chaplain of the Church of Scotland, returns, similar to those prescribed in section 29, of all such

marriages.

32. Certain marriages to be registered in duplicate.—Every marriage solemnized by any person

who has received episcopal ordination, but who is not a Clergyman of the Church of England, or of the

Church of Rome, or by any Minister of Religion licensed under this Act to solemnize marriages, shall

immediately after the solemnization thereof, be registered in duplicate by the person solemnizing the

same; (that is to say) in a marriage-register book to be kept by him for that purpose, according to the form

contained in the Fourth Schedule hereto annexed, and also in a certificate attached to the marriageregister-book as a counterfoil.

33. Entries of such marriages to be signed and attested.—The entry of such marriage in both the

certificate and marriage-register-book shall be signed by the person solemnizing the marriage, and also by

the persons married, and shall be attested by two credible witnesses, other than the person solemnizing

the marriage, present at its solemnization.

Every such entry shall be made in order from the beginning to the end of the book, and the number of

the certificate shall correspond with that of the entry in the marriage-register-book.

34. Certificate to be forwarded to Marriage Registrar, copied and sent to Registrar General.—

The person solemnizing the marriage shall forthwith separate the certificate from the marriage-registerbook and send it, within one month from the time of the solemnization, to the Marriage Registrar of the

district in which the marriage was solemnized, or, if there be more Marriage Registrars than one, to the

Senior Marriage Registrar,

who shall cause such certificate to be copied into a book to be kept by him for that purpose,

and shall send all the certificates which he has received during the month, with such number and

signature or initials added thereto as are hereinafter required, to the 1

[Registrar General of Births, Deaths

and Marriages].

35. Copies of certificates to be entered and numbered.—Such copies shall be entered in order from

the beginning to the end of the said book, and shall bear both the number of the certificate as copied, and

also a number to be entered by the Marriage Registrar, indicating the number of the entry of the said copy

in the said book, according to the order in which he receives each certificate.

36. Registrar to add number of entry to certificate, and send to Registrar General.—The

Marriage Registrar shall also add such last-mentioned number of the entry of the copy in the book to the

certificate, with his signature or initials, and shall, at the end of every month, send the same to the

1

[Registrar General of Births, Deaths and Marriages].

37. Registration of marriages between Indian Christians, by persons referred to in clauses (1),

(2) and (3) of section 5.—Whenany marriage between 2

[Indian] Christians is solemnized 3

[by any such

person, Clergyman or Minister of Religion as is referred to in clause (1), clause (2) or clause (3) of

section 5], the person solemnizing the same shall, instead of proceeding in the manner provided by

1. Subs. by Act 6 of 1886, s. 30, for “Secretary to the L. G.”.

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

3. Subs. by Act 18 of 1928, s. 2 and the first Schedule, for “under Part I or Part III or this Act”.

11

sections 28 to 36, both inclusive, register the marriage in a separate register-book, and shall keep it safely

until it is filled, or, if he leave the district in which he solemnized the marriage before the said book is

filled, shall make over the same to the person succeeding to his duties in the said district.

Custody and disposal of register-book.—Whoever has the control of the book at the time when it is

filled, shall send it to the Marriage Registrar of the district, or, if there be more Marriage Registrars than

one, to the Senior Marriage Registrar, who shall send it to the 1

[Registrar General of Births, Deaths and

Marriages,] to be kept by him with the records of his office.

PART V

MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR

38. Notice of intended marriage before Marriage Registrar.—When a marriage is intended to be

solemnized by, or in the presence of, a Marriage Registrar, one of the parties to such marriage shall give

notice in writing, in the form contained in the First Schedule hereto annexed, or to the like effect, to any

Marriage Registrar of the district within which the parties have dwelt,

or, if the parties dwell in different districts, shall give the like notice to a Marriage Registrar of each

district,

and shall state therein the name and surname, and the profession or condition, of each of the parties

intending marriage, the dwelling-place of each of them, the time during which each has dwelt therein, and

the place at which the marriage is to be solemnized:

Provided that, if either party has dwelt in the place stated in the notice for more than one month, it

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

39. Publication of notice.—Every Marriage Registrar shall, on receiving any such notice, cause a

copy thereof to be affixed in some conspicuous place in his office.

When one of the parties intending marriage is a minor, every Marriage Registrar shall, within twentyfour hours after the receipt by him of the notice of such marriage, send, by post or otherwise, a copy of

such notice to each of the other Marriage Registrars (if any) in the same district, who shall likewise affix

the copy in some conspicuous place in his own office.

40. Notice to be filed and copy entered in Marriage Notice Book.—The Marriage Registrar shall

file all such notices and keep them with the records of his office,

and shall also forthwith enter a true copy of all such notices in a book to be furnished to him for that

purpose by the State Government, and to be called the “Marriage Notice Book”,

and the Marriage Notice Book shall be open at all reasonable times, without fee, to all persons

desirous of inspecting the same.

41. Certificate of notice given and oath made.—If the party by whom the notice was given requests

the Marriage Registrar to issue the certificate next hereinafter mentioned, and if one of the parties

intending marriage has made oath as hereinafter required, the Marriage Registrar shall issue under his

hand a certificate of such notice having been given and of such oath having been made:

Proviso.—Provided—

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