enerscript/MARRIAGEACT · Datasets at Fast360

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[62. Keeping of register-book and deposit of extracts therefrom with Registrar General.—(1)
Every person licensed under section 9 shall keep in English, or in the vernacular language in ordinary use
in the district or State in which the marriage was solemnized, and in such form as the State Government
by which he was licensed may from time to time prescribe, a register-book of all marriages solemnized
under this Part in his presence, and shall deposit in the office of the Registrar General of Births, Deaths
and Marriages for the territories under the administration of the said State Government, in such form and
at such intervals as that Government may prescribe, true and duly authenticated extracts from his registerbook of all entries made therein since the last of those intervals.]
9* * * * *
63. Searches in register book and copies of entries.—Every person licensed under this Act to grant
certificates of marriage, and keeping a marriage-register-book under section 62, shall at all reasonable
times, allow search to be made in such book, and shall, on payment of the proper fee, give a copy,
certified under his hand, of any entry therein.

1. Subs. by the Act A.O. 1950, for “Native”.
2. As to validation of post marriages solemnized under Part VI between persons of whom one only was an Indian Christian, and
penalty for solemnizing such marriages under Part VI in future, see the Marriages Validation Act, 1892 (2 of 1892).
3. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for “shall exceed sixteen years”.
4. Subs. by Act 2 of 1978, s. 6 and the Schedule, for “eighteen years” (w.e.f. 1-10-1978).
5. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for “shall exceed thirteen years”.
6. Subs. by Act 2 of 1978, s. 6 and Schedule, for “fifteen years” (w.e.f. 1-10-1978).
7. Proviso omitted by s. 6 and the Schedule, ibid., (w.e.f. 1-10-1978).
8. Subs. by Act 2 of 1891, s. 4, for s. 62.
9. Sub-section (2) omitted by the A.O. 1950.
16
64. Books in which marriages of Indian Christians under Part I or Part III are registered.—The
provisions of sections 62 and 63, as to the form of the register-book, depositing extracts therefrom,
allowing searches thereof, and giving copies of the entries therein, shall, mutatis mutandis, apply to the
books kept under section 37.
65. Part VI not to apply to Roman Catholics.
Saving of certain marriages.—This Part of this Act, except so much of sections 62 and 63 as are
referred to in section 64, shall not apply to marriages between Roman Catholics. But nothing herein
contained shall invalidate any marriage celebrated between Roman Catholics under the provisions of
1
[Part V of Act No. 25 of 1864], previous to the twenty-third day of February, 1865.
PART VII
PENALTIES
2
[66. False oath, declaration, notice or certificate for procuring marriage.—Whoever, for the
purpose of procuring a marriage or license of marriage, intentionally,—
(a) where an oath or declaration is required by this Act, or by any rule or custom of a Church
according to the rites and ceremonies of which a marriage is intended to be solemnized, such Church
being the Church of England or of Scotland or of Rome, makes a false oath or declaration, or,
(b) where a notice or certificate is required by this Act, signs a false notice or certificate,
shall be deemed to have committed the offence punishable under section 193 of the Indian Penal Code
(45 of 1860) with imprisonment of either description for a term which may extend to three years and, at
the discretion of the Court, with fine.]
67. Forbidding, by false personation issue of certificate by Marriage Registrar.—Whoever
forbids the issue, by a Marriage Registrar, of a certificate, by falsely representing himself to be a person
whose consent to the marriage is required by law, knowing or believing such representation to be false, or
not having reason to believe it to be true, shall be deemed guilty of the offence described in section 205 of
the Indian Penal Code (45 of 1860).
3
[68. Solemnizing marriage without due authority.—Whoever, not being authorized by section 5 of
this Act to solemnize marriages, solemnizes or professes to solemnize, in the absence of a Marriage
Registrar of the district in which the ceremony takes place, a marriage between persons one or both of
whom is or are a Christian or Christians, shall be punished with imprisonment which may extend to ten
years, or (in lieu of a sentence of imprisonment for seven years or upwards) with transportation for a term
of not less than seven years, and not exceeding ten years,
4* * * * *
and shall also be liable to fine.]
69. Solemnizing marriage out of proper time, or without witnesses.—Whoever knowingly and
wilfully solemnizes a marriage between persons, one or both of whom is or are a Christian or Christians,
at any time other than between the hours of six in the morning and seven in the evening, or in the absence
of at least two credible witnesses other than the person solemnizing the marriage, shall be punished with
imprisonment for a term which may extend to three years, and shall also be liable to fine.
Saving of marriages solemnized under special licence.—This section does not apply to marriages
solemnized under special licenses granted by the Anglican Bishop of the Diocese or by his Commissary,
nor to marriages performed between the hours of seven in the evening and six in the morning by a
Clergyman of the Church of Rome, when he has received the general or special license in that behalf
mentioned in section 10.
5
[Nor does this section apply to marriages solemnized by a Clergyman of the Church of Scotland
according to the rules, rites, ceremonies and customs of the Church of Scotland.]

1. Act 25 of 1864 had been rep. by Act 5 of 1855, which was rep. by this Act.
2. Subs. by Act 2 of 1891, s. 5, for s. 66.
3. Subs. by s. 6, ibid., for s. 68.
4. Omitted by the A.O. 1950.
5. Ins. by Act 2 of 1891, s. 7.
17
70. Solemnizing without notice or within fourteen days after notice, marriage with minor.—Any
Minister of Religion licensed to solemnize marriages under this Act, who, without a notice in writing, or,
when one of the parties to the marriage is a minor and the required consent of the parents or guardians to
such marriage has not been obtained, within fourteen days after the receipt by him of notice of such
marriage, knowingly and wilfully solemnizes a marriage under Part III, shall be punished with
imprisonment for a term which may extend to three years, and shall also be liable to fine.
71. Issuing certificate, or marrying, without publication of notice.—A Marriage Registrar under
this Act, who commits any of the following offences:—
(1) knowingly and wilfully issues any certificate for marriage, or solemnizes any marriage,
without publishing the notice of such marriage as directed by this Act;
1
[(2) marrying after expiry of notice.—after the expiration of two months after the copy of the
notice has been entered as required by section 40 in respect of any marriage, solemnizes such
marriage;]
(3) solemnizing marriage with minor within fourteen days, without authority of Court, or
without sending copy of notice.—solemnizes, without an order of a competent Court authorizing
him to do so, any marriage, when one of the parties is a minor, before the expiration of fourteen days
after the receipt of the notice of such marriage, or without sending, by the post or otherwise, a copy of
such notice to the Senior Marriage Registrar of the district if there be more Marriage Registrars of the
district than one, and if he himself be not the Senior Marriage Registrar;

[62. Keeping of register-book and deposit of extracts therefrom with Registrar General.—(1)

Every person licensed under section 9 shall keep in English, or in the vernacular language in ordinary use

in the district or State in which the marriage was solemnized, and in such form as the State Government

by which he was licensed may from time to time prescribe, a register-book of all marriages solemnized

under this Part in his presence, and shall deposit in the office of the Registrar General of Births, Deaths

and Marriages for the territories under the administration of the said State Government, in such form and

at such intervals as that Government may prescribe, true and duly authenticated extracts from his registerbook of all entries made therein since the last of those intervals.]

9* * * * *

63. Searches in register book and copies of entries.—Every person licensed under this Act to grant

certificates of marriage, and keeping a marriage-register-book under section 62, shall at all reasonable

times, allow search to be made in such book, and shall, on payment of the proper fee, give a copy,

certified under his hand, of any entry therein.

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

2. As to validation of post marriages solemnized under Part VI between persons of whom one only was an Indian Christian, and

penalty for solemnizing such marriages under Part VI in future, see the Marriages Validation Act, 1892 (2 of 1892).

3. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for “shall exceed sixteen years”.

4. Subs. by Act 2 of 1978, s. 6 and the Schedule, for “eighteen years” (w.e.f. 1-10-1978).

5. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for “shall exceed thirteen years”.

6. Subs. by Act 2 of 1978, s. 6 and Schedule, for “fifteen years” (w.e.f. 1-10-1978).

7. Proviso omitted by s. 6 and the Schedule, ibid., (w.e.f. 1-10-1978).

8. Subs. by Act 2 of 1891, s. 4, for s. 62.

9. Sub-section (2) omitted by the A.O. 1950.

16

64. Books in which marriages of Indian Christians under Part I or Part III are registered.—The

provisions of sections 62 and 63, as to the form of the register-book, depositing extracts therefrom,

allowing searches thereof, and giving copies of the entries therein, shall, mutatis mutandis, apply to the

books kept under section 37.

65. Part VI not to apply to Roman Catholics.

Saving of certain marriages.—This Part of this Act, except so much of sections 62 and 63 as are

referred to in section 64, shall not apply to marriages between Roman Catholics. But nothing herein

contained shall invalidate any marriage celebrated between Roman Catholics under the provisions of

1

[Part V of Act No. 25 of 1864], previous to the twenty-third day of February, 1865.

PART VII

PENALTIES

2

[66. False oath, declaration, notice or certificate for procuring marriage.—Whoever, for the

purpose of procuring a marriage or license of marriage, intentionally,—

(a) where an oath or declaration is required by this Act, or by any rule or custom of a Church

according to the rites and ceremonies of which a marriage is intended to be solemnized, such Church

being the Church of England or of Scotland or of Rome, makes a false oath or declaration, or,

(b) where a notice or certificate is required by this Act, signs a false notice or certificate,

shall be deemed to have committed the offence punishable under section 193 of the Indian Penal Code

(45 of 1860) with imprisonment of either description for a term which may extend to three years and, at

the discretion of the Court, with fine.]

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

forbids the issue, by a Marriage Registrar, of a certificate, by falsely representing himself to be a person

whose consent to the marriage is required by law, knowing or believing such representation to be false, or

not having reason to believe it to be true, shall be deemed guilty of the offence described in section 205 of

the Indian Penal Code (45 of 1860).

3

[68. Solemnizing marriage without due authority.—Whoever, not being authorized by section 5 of

this Act to solemnize marriages, solemnizes or professes to solemnize, in the absence of a Marriage

Registrar of the district in which the ceremony takes place, a marriage between persons one or both of

whom is or are a Christian or Christians, shall be punished with imprisonment which may extend to ten

years, or (in lieu of a sentence of imprisonment for seven years or upwards) with transportation for a term

of not less than seven years, and not exceeding ten years,

4* * * * *

and shall also be liable to fine.]

69. Solemnizing marriage out of proper time, or without witnesses.—Whoever knowingly and

wilfully solemnizes a marriage between persons, one or both of whom is or are a Christian or Christians,

at any time other than between the hours of six in the morning and seven in the evening, or in the absence

of at least two credible witnesses other than the person solemnizing the marriage, shall be punished with

imprisonment for a term which may extend to three years, and shall also be liable to fine.

Saving of marriages solemnized under special licence.—This section does not apply to marriages

solemnized under special licenses granted by the Anglican Bishop of the Diocese or by his Commissary,

nor to marriages performed between the hours of seven in the evening and six in the morning by a

Clergyman of the Church of Rome, when he has received the general or special license in that behalf

mentioned in section 10.

5

[Nor does this section apply to marriages solemnized by a Clergyman of the Church of Scotland

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

1. Act 25 of 1864 had been rep. by Act 5 of 1855, which was rep. by this Act.

2. Subs. by Act 2 of 1891, s. 5, for s. 66.

3. Subs. by s. 6, ibid., for s. 68.

4. Omitted by the A.O. 1950.

5. Ins. by Act 2 of 1891, s. 7.

17

70. Solemnizing without notice or within fourteen days after notice, marriage with minor.—Any

Minister of Religion licensed to solemnize marriages under this Act, who, without a notice in writing, or,

when one of the parties to the marriage is a minor and the required consent of the parents or guardians to

such marriage has not been obtained, within fourteen days after the receipt by him of notice of such

marriage, knowingly and wilfully solemnizes a marriage under Part III, shall be punished with

imprisonment for a term which may extend to three years, and shall also be liable to fine.

71. Issuing certificate, or marrying, without publication of notice.—A Marriage Registrar under

this Act, who commits any of the following offences:—

(1) knowingly and wilfully issues any certificate for marriage, or solemnizes any marriage,

without publishing the notice of such marriage as directed by this Act;

1

[(2) marrying after expiry of notice.—after the expiration of two months after the copy of the

notice has been entered as required by section 40 in respect of any marriage, solemnizes such

marriage;]

(3) solemnizing marriage with minor within fourteen days, without authority of Court, or

without sending copy of notice.—solemnizes, without an order of a competent Court authorizing

him to do so, any marriage, when one of the parties is a minor, before the expiration of fourteen days

after the receipt of the notice of such marriage, or without sending, by the post or otherwise, a copy of

such notice to the Senior Marriage Registrar of the district if there be more Marriage Registrars of the

district than one, and if he himself be not the Senior Marriage Registrar;