Christian Marriage Act, 1872- Sections 60 to 88

PART VI[i]

MARRIAGE OF [ii][INDIAN] CHRISTIANS

60. On what conditions marriages of Indian Christians may be certified.

60. On what conditions marriages of Indian Christians may be certified.—Every marriage between [iii][Indian] Christians applying for a certificate, shall, without the preliminary notice required under Part III, be certified under this Part, if the following conditions be fulfilled, and not otherwise:—

(1) the age of the man intending to be married [iv][shall not be under [v][twenty-one years]] and the age of the woman intending to be married [vi][shall not be under [vii][eighteen years]];

(2) neither of the persons intending to be married shall have a wife or husband still living;

(3) in the presence of a person licensed under Section 9, and of at least two credible witnesses other than such person, each of the parties shall say to the other—

“I call upon these persons here present to witness that I, A.B., in the presence of Almighty God, and in the name of our Lord Jesus Christ, do take thee, C.D., to be my lawful wedded wife or husband” or words to the like effect:

Provided that no marriage shall be certified under this Part when either of the parties intending to be married has not completed his or her eighteenth year, unless such consent as is mentioned in Section 19 has been given to the intended marriage, or unless it appears that there is no person living authorised to give such consent.

Other Contents of Christian Marriage Act, 1872
Sections 1 to 20 Sections 21 to 41 Sections 42 to 59 Sections 60 to 88 Schedules

61. Grant of certificate.

61. Grant of certificate.—When, in respect to any marriage solemnized under this Part, the conditions prescribed in Section 60 have been fulfilled, the person licensed as aforesaid, in whose presence the said declaration has been made, shall, on the application of either of the parties to such marriage, and, on the payment of a fee of four annas, grant a certificate of the marriage.

The certificate shall be signed by such licensed person, and shall be received in any suit touching the validity of such marriage as conclusive proof of its having been performed.

62. Keeping of register-book and deposit of extract therefrom with Registrar General.

[viii][62. Keeping of register-book and deposit of extract 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 extract from his register-book of all entries made therein since the last of those intervals.]

[ix][* * *]

63. Searches in register-book and copies of entries.

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.

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

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.

65. Part VI not to apply to Roman Catholics.—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.

Saving of certain marriages.—But nothing herein contained shall invalidate any marriage celebrated between Roman Catholics under the provisions of Part V of Act No. 25 of 1864[x], previous to the twenty-third day of February, 1865.

Part VII

PENALTIES

66. False oath, declaration, notice or certificate for procuring marriage.

[xi][66. False oath, declaration, notice or certificate for procuring marriage.—Whoever, for the purpose of procuring a marriage or licence 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 of 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 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.

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).

68. Solemnizing marriage without due authority.

[xii][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,

[* * *][xiii]

and shall also be liable to fine.

69. Solemnizing marriage out of proper time, or without witnesses.

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 licences granted by the Anglican Bishop of the Diocese or by his Commisary, 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 licence in that behalf mentioned in Section 10.

[xiv][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.]

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

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.

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;

[xv][(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;

(4) Issuing certificate against authorized prohibition.—issues any certificate the issue of which has been prohibited, as in this Act provided, by any person authorized to prohibit the issue thereof,

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

72. Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after notice, or against authorized prohibition.

72. Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after notice, or against authorized prohibition.—Any Marriage Registrar knowingly and wilfully issuing any certificate for marriage after the expiration of [xvi][two months] after the notice has been entered by him as aforesaid,

or knowingly and wilfully issuing, without the order of a competent Court authorizing him so to do, any certificate for marriage, where one of the parties intending marriage is a minor, before the expiration of fourteen days after the entry of such notice, or any certificate the issue of which has been forbidden as aforesaid by any person authorized in this behalf.

shall be deemed to have committed an offence under Section 166 of the Indian Penal Code (45 of 1860).

73. Persons authorized to solemnize marriage (other than Clergy of Churches of England, Scotland or Rome).

73. Persons authorized to solemnize marriage (other than Clergy of Churches of England, Scotland or Rome).—Whoever, being authorized under this Act to solemnize a marriage,

and not being a Clergyman of the Church of England solemnizing a marriage after due publication of banns, or under a licence from the Anglican Bishop of the Diocese or a Surrogate duly authorized in that behalf,

or, not being a Clergyman of the Church of Scotland, solemnizing a marriage according to the rules, rites, ceremonies and customs of that church,

or, not being a Clergyman of the Church of Rome, solemnizing a marriage according to the rites, rules, ceremonies and customs of that church,

Issuing certificate, or marrying, without publishing notice, or after expiry of certificate.—knowingly and wilfully issues any certificate for marriage under this Act, or solemnizes any marriage between such persons as aforesaid, without publishing, or causing to be affixed, the notice of such marriage as directed in Part III of this Act, or after the expiration of two months after the certificate has been issued by him;

Issuing certificate for, or solemnizing marriage with minor, within fourteen days after notice.—or knowingly and wilfully issues any certificate for marriage, or solemnizes a marriage between such persons when one of the persons intending notice of such marriage, or without sending, by the post or otherwise, a copy of such notice to the Marriage Registrar, or, if there be more Marriage Registrars than one, to the Senior Marriage Registrar of the district;

Issuing certificate authorizedly forbidden.—or knowingly and wilfully issues any certificate the issue of which has been forbidden, under this Act, by any person authorized to forbid the issue;

Solemnizing marriage authorizedly forbidden.—or knowingly and wilfully solemnizes any marriage forbidden by any person authorized to forbid the same; shall be punished with imprisonment for a term which may extend to four years, and shall also be liable to fine.

74. Unlicensed person granting certificate pretending to be licensed.

74. Unlicensed person granting certificate pretending to be licensed.—Whoever, not being licensed to grant a certificate of marriage under Part VI of this Act, grants such certificate intending thereby to make it appear that he is so licensed shall be punished with imprisonment for a term which may extend to five years, and shall also be liable to fine.

[xvii][Whoever, being licensed to grant certificates of marriage under Part VI of this Act, without just cause refuses, or wilfully neglects or omits, to perform any of the duties imposed upon him by that Part shall be punished with fine which may extend to one hundred rupees.]

75. Destroying or falsifying register-books.

75. Destroying or falsifying register-books.—Whoever, by himself or another, wilfully destroys or injures any register-book or the counterfoil certificates thereof or any part thereof, or any authenticated extract therefrom,

or falsely makes or counterfeits any part of such register-book or counterfoil certificates,

or wilfully insets any false entry in any such register-book or counterfoil certificate or authenticated extract,

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

76. Limitation of prosecutions under Act.

[76. Limitation of prosecutions under Act.—The prosecution for every offence punishable under this Act shall be commenced within two years after the offence is committed.

Part VIII

MISCELLANEOUS

77. What matters need not be proved in respect of marriage in accordance with Act.

77. What matters need not be proved in respect of marriage in accordance with Act.—Whenever any marriage has been solemnized in accordance with the provisions of Sections 4 and 5, it shall not be void merely on account of any irregularity in respect of any of the following matters, namely:—

(1) any statement made in regard to the dwelling of the persons married, or to the consent of any person whose consent to such marriage is required by law;

(2) the notice of the marriage;

(3) the certificate or translation thereof;

(4) the time and place at which marriage has been solemnized;

(5) the registration of the marriage.

78. Corrections of errors.

78. Corrections of errors.—Every person charged with the duty of registering any marriage, who discovers any error in the form or substance of any such entry, may within one month next after the discovery of such error, in the presence of the persons married, or, in case of their death or absence, in the presence of two other credible witnesses, correct the error by entry in the margin, without any alteration of the original entry, and shall sign the marginal entry, and add thereto the date of such correction, and such person shall make the like marginal entry in the certificate thereof.

And every entry made under this section shall be attested by the witnesses in whose presence it was made.

And, in case such certificate has been already sent to the [xviii][Registrar General of Births, Deaths and Marriages], such person shall make and send in like manner a separate certificate of the original erroneous entry, and of the marginal correction therein made.

79. Searches and copies of entries.

79. Searches and copies of entries.—Every person solemnizing a marriage under this Act, and hereby required to register the same,

and every Marriage Registrar or [xix][Registrar General of Births, Deaths and Marriages] having the custody for the time being of any register of marriages, or of any certificate, or duplicate, or copies of certificate, under this Act,

shall, on payment of the proper fees, at all reasonable times, allow searches to be made in such register, or for such certificate, or duplicate or copies, and give a copy under his hand of any entry in the same.

80. Certified copy of entry in marriage-register, etc.

80. Certified copy of entry in marriage-register, etc., to be evidence.—Every certified copy, purporting to be signed by the person entrusted under this Act with the custody of any marriage-register or certificate, or duplicate, required to be kept or delivered under this Act, of any entry of a marriage in such register or of any such certificate or duplicate, shall be received as evidence of the marriage purporting to be so entered, or of the facts purporting to be so certified therein, without further proof of such register or certificate or duplicate, or of any entry therein, respectively, or of such copy.

81. Certificates of certain marriages to be sent to Central Government.

[xx][81. Certificates of certain marriages to be sent to Central Government.—The Registrar General of Births, Deaths and Marriages [xxi][* * *] shall, at the end of every quarter in each year, select, from the certificates of marriages forwarded to [xxii][him], during such quarter, the certificates of the marriages of which [xxiii][the Government by whom he was appointed] may desire that evidence shall be transmitted to England, and shall send the same certificates, signed by [xxiv][him] to the [xxv][Central Government]].

82. State Government to prescribe fees.

82. State Government to prescribe fees.—Fees shall be chargeable under this Act for—

receiving and publishing notices of marriages;

issuing [xxvi][certificates for marriage] by Marriage Registrars, and registering marriages by the same;

entering protests against, or prohibitions of, the issue of [xxvii][certificates for marriage] by the said Registrars;

searching register-books or certificates, or duplicates, or copies thereof; giving copies of entries in the same under Sections 63 and 79.

The State Government shall fix the amount of such fees respectively, and may from time to time vary or remit them either generally or in special cases, as to it may seem fit.

83. Power to make rules.

83. Power to make rules.—[xxviii][(1)] The State Government [xxix][may, by notification in the Official Gazette, make rules] in regard to the disposal of the fees mentioned in Section 82, the supply of register-books, and the preparation and submission of returns of marriages solemnized under this Act.

[xxx][(2) Every rule made by the State Government under this section shall be laid, as soon as may be after if is made, before the State Legislature.]

84. Power to prescribe fees and rules for Indian States.

84. Power to prescribe fees and rules for Indian States.—[Rep. by the A.O. 1950.]

85. Power to declare who shall be District Judge.

85. Power to declare who shall be District Judge.—The State Government may, by notification in the Official Gazette, declare who shall, in any place to which this Act applies, be deemed to be the District Judge.

86. Powers and functions exercisable as regards Indian States.

[xxxi]86. Powers and functions exercisable as regards Indian States.—[Rep. by the A.O. 1950.]

87. Saving of Consular marriages.

87. Saving of Consular marriages.—Nothing in this Act applies to any marriage performed by any Minister, Consul, or Consular Agent between subjects of the State which he represents and according to the laws of such State.

88. Non-validation of marriages within prohibited degrees.

88. Non-validation of marriages within prohibited degrees.—Nothing in this Act shall be deemed to validate any marriage which the personal law applicable to either of the parties forbids him or her to enter into.

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