Christian Marriage Act, 1872- Sections 42 to 59

42. Oath before issue of certificate.

42. Oath before issue of certificate.—The certificate mentioned in Section 41 shall not be issued by any Marriage Registrar, until one of the parties intending marriage appears personally before such Marriage Registrar, and makes oath[i]—

(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

(b) that both the parties have, or (where they have dwelt in the districts of different Marriage Registrars) that the party making such oath has, had their, his or her usual place of abode within the district of such Marriage Registrar,

and, where either or each of the parties is a minor,

(c) that the consent or consents to such marriage required by law has or have been obtained thereto, or that there is no person resident in India authorized to give such consent as the case may be.

43. Petition to High Court to order certificate in less than fourteen days.

43. Petition to High Court to order certificate in less than fourteen days.—When one of the parties, intending marriage is a minor, and both such parties are at the time resident in any of the towns of Calcutta, Madras and Bombay, and are desirous of being married in less than fourteen days after the entry of such notice as aforesaid, they may apply by petition to a Judge of the High Court, for an order upon the Marriage Registrar to whom the notice of marriage has been given, directing him to issue his certificate before the expiration of the said fourteen days required by Section 41.

Order on petition.—And on sufficient cause being shown, the said Judge may, in his discretion, make an order upon such Marriage Registrar, directing him to issue his certificate at any time to be mentioned in the said order before the expiration of the fourteen days so required.

And the said Marriage Registrar, on receipt of the said order, shall issue his certificate in accordance therewith.

44. Consent of father or guardian.

44. Consent of father or guardian.—The provisions of Section 19 apply to every marriage under this Part, either of the parties to which is a minor.

Protest against issue of certificate.—And any person whose consent to such marriage would be required thereunder may enter a protest against the issue of the Marriage Registrar's certificate, by writing, at any time before the issue of such certificate, the word “forbidden” opposite to the entry of the notice of such intended marriage in the Marriage Notice-Book, and by subscribing thereto his or her name and place of abode, and his or her position with respect to either of the parties, by reason of which he or she is so authorised.

Effect of protest.—When such protest has been entered, no certificate shall issue until the Marriage Registrar has examined the matter of the protest, and is satisfied that it ought not to obstruct the issue of the certificate for the said marriage, or until the protest be withdrawn by the person who entered it.

45. Petition where person whose consent is necessary is insane, or unjustly withholds consent.

45. Petition where person whose consent is necessary is insane, or unjustly withholds consent.—If any person whose consent is necessary to any marriage under this part is of unsound mind,

or if any such person (other than the father) without just cause withholds his consent to the marriage,

the parties intending marriage may apply by petition, where the person whose consent is necessary is resident within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if he is not resident within any of the said towns, then to the District Judge.

Procedure on petition.—And the said Judge of the High Court, or District Judge, as the case may be, may examine the allegations of the petition in a summary way;

and, if upon examination such marriage appears proper, such Judge of the High Court or District Judge, as the case may be, shall declare the marriage to be a proper marriage.

Such declaration shall be as effectual as if the person whose consent was needed had consented to the marriage;

and, if he has forbidden the issue of the Marriage Registrar's Certificate, such certificate shall be issued and the like proceedings may be had under this Part in relation to the marriage as if the issue of such certificate had not been forbidden.

46. Petition when Marriage Registrar refuses certificate.

46. Petition when Marriage Registrar refuses certificate.—Whenever a Marriage Registrar refuses to issue a certificate under this Part, either of the parties intending marriage may apply by petition, where the district of such Registrar is within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if such district is not within any of the said towns, then to the District Judge.

Procedure on petition.—The said Judge of the High Court, or District Judge, as the case may be, may examine the allegations of the petition in a summary way, and shall decide thereon.

The decision of such Judge of the High Court or District Judge, as the case may be, shall be final, and the Marriage Registrar to whom the application for the issue of a certificate was originally made shall proceed in accordance therewith.

47. Petition when Marriage Registrar in Indian State refuses certificate.

47. Petition when Marriage Registrar in Indian State refuses certificate.—[Rep. by the A.O. 1950.]

48. Petition when Registrar doubts authority of person forbidding.

48. Petition when Registrar doubts authority of person forbidding.—Whenever a Marriage Registrar, acting under the provisions of Section 44, is not satisfied that the person forbidding the issue of the certificate is authorized by law so to do, the said Marriage Registrar shall apply by petition, where his district is within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if such district be not within any of the said towns, then to the District Judge.

Procedure on petition.—The said petition shall state all the circumstances of the case, and pray for the order and direction of the Court concerning the same,

and the said Judge of the High Court or District Judge, as the case may be shall examine into the allegations of the petition and the circumstances of the case,

and if, upon such examination, it appears that the person forbidding the issue of such certificate is not authorized by law so to do, such Judge of the High Court or District Judge, as the case may be, shall declare that the person forbidding the issue of such certificate is not authorized as aforesaid,

and thereupon such certificate shall be issued, and like proceedings may be had in relation to such marriage as if the issue had not been forbidden.

[ii][* * *]

49. Liability for frivolous protest against issue of certificate.

49. Liability for frivolous protest against issue of certificate.—Every person entering a protest with the Marriage Registrar, under this Part, against the issue of any certificate, on grounds which such Marriage Registrar, under Section 44, or a Judge of the High Court or the District Judge, under Section 45 or 46 declares to be frivolous and such as ought not to obstruct the issue of the certificate, shall be liable for the costs of all proceedings in relation thereto and for damages, to be recovered by suit by the person against whose marriage such protest was entered.

50. Form of certificate.

50. Form of certificate.—The certificate to be issued by the Marriage Registrars under the provisions of Section 41 shall be in the form contained in the Second Schedule to this Act annexed or to the like effect,

and the State Government shall furnish to every Marriage Registrar a sufficient number of forms of certificate.

51. Solemnization of marriage after issue of certificate.

51. Solemnization of marriage after issue of certificate.—After the issue of the certificate of the Marriage Registrar,

or, where notice is required to be given under this Act to the Marriage Registrars for different districts, after the issue of the certificates of the Marriage Registrars for such districts,

marriage may, if there be no lawful impediment to the marriage of the parties described in such certificate or certificates, be solemnized between them, according to such form and ceremony as they think fit to adopt.

But every such marriage shall be solemnized in the presence of some Marriage Registrar (to whom shall be delivered such certificate or certificates as aforesaid), and of two or more credible witnesses besides the Marriage Registrar.

And in some part of the ceremony each of the parties shall declare as follows, or to the like effect:—

“I do solemnly declare that I know not of any lawful impediment why I, A.B., may not be joined in matrimony to C.D.”

And each of the parties shall say to the other as follows or to the like effect:—

“I call upon these persons here present to witness that I, A.B., do take thee, C.D., to be my lawful wedded wife [or husband].”

52. When marriage not had within two months after notice, new notice required.

52. When marriage not had within two months after notice, new notice required.—Whenever a marriage is not solemnized within two months after the copy of the notice has been entered by the Marriage Registrar, as required by Section 40, the notice and the certificate, if any, issued thereupon, and all other proceedings thereupon, shall be void;

and no person shall proceed to solemnize the marriage, nor shall any Marriage Registrar enter the same, until new notice has been given, and entry made, and certificate thereof given, at the time and in the manner aforesaid.

53. Marriage Registrar may ask for particulars to be registered.

53. Marriage Registrar may ask for particulars to be registered.—A Marriage Registrar before whom any marriage is solemnized under this Part may ask of the persons to be married the several particulars required to be registered touching such marriage.

54. Registration of marriages solemnized under Part V.

54. Registration of marriages solemnized under Part V.—After the solemnization of any marriage under this Part, the Marriage Registrar present at such solemnization shall forthwith register the marriage in duplicate; that is to say, in a marriage-register-book, according to the form of the Fourth Schedule hereto annexed, and also in a certificate attached to the marriage-register-book as a counterfoil.

The entry of such marriage in both the certificate and the marriage-register-book shall be signed by the person by or before whom the marriage has been solemnized if there be any such person, and by the Marriage Registrar present at such marriage, whether or not it is solemnized by him, and also by the parties married, and attested by two credible witnesses other than the Marriage Registrar and person solemnizing the marriage.

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.

55. Certificates to be sent monthly to Registrar General.

55. Certificates to be sent monthly to Registrar General.—The Marriage-Registrar shall forthwith separate the certificate from the marriage-register, book and send it, at the end of every month to the [iii][Registrar General of Births, Deaths and Marriages].

Custody of register-book.—The Marriage Registrar shall keep safely the said register-book until it is filled, and shall then send it to the [iv][Registrar General of Births, Deaths and Marriages], to be kept by him with the records of his office.

56. Officers to whom Registrars in Indian States shall send certificates.

56. Officers to whom Registrars in Indian States shall send certificates.—[Rep. by the A.O. 1950.]

57. Registrars to ascertain that notice and certificate are understood by Indian Christians.

57. Registrars to ascertain that notice and certificate are understood by Indian Christians.—When any [v][Indian] Christian about to be married gives a notice of marriage, or applies for a certificate from a Marriage Registrar, such Marriage Registrar shall ascertain whether the said [vi][Indian] Christian understands the English language, and, if he does not, the Marriage Registrar shall translate, or cause to be translated, such notice or certificate, or both of them, as the case may be, to such [vii][Indian] Christian into a language which he understands;

or the Marriage Registrar shall otherwise ascertain whether the [viii][Indian] Christian is cognizant of the purport and effect of the said notice and certificate.

58. Indian Christians to be made to understand declarations.

58. Indian Christians to be made to understand declarations.—When any [ix][Indian] Christian is married under the provisions of this Part, the person solemnizing the marriage shall ascertain whether such [x][Indian] Christian understands the English language, and, if he does not, the person solemnizing the marriage shall, at the time of the solemnization, translate, or cause to be translated, to such [xi][Indian] Christian, into a language which he understands, the declarations made at such marriage in accordance with the provisions of this Act.

59. Registration of marriages between Indian Christians.

59. Registration of marriages between Indian Christians.—The registration of marriages between [xii][Indian] Christians under this Part shall be made in conformity with the rules laid down in Section 37 (so far as they are applicable), and not otherwise.

[disclaimer]