CHRISTIAN MARRIAGE ACT, 1872

(XV OF 1872)
CONTENTS
PRELIMINARY
1. Short tt!", "#t"$%, &o''"$&"'"$t
2. E$(&t'"$t) r"*"(!"%
+. I$t"r*r"t(to$)
PART,I
THE PERSONS -Y .HOM MARRIAGES MAY -E SOLEMNI/E0
1. M(rr(2") to 3" )o!"'$4"% (&&or%$2 to A&t
5. P"r)o$) 36 7ho' '(rr(2") '(6 3" )o!"'$4"%
8. Gr($t ($% r"9o&(to$ o: !&"$)") to )o!"'$4" '(rr(2"
7. M(rr(2" R"2)tr(r)
8. M(rr(2" R"2)tr(r) $ A&&"%$2 St(t")
;. L&"$)$2 o: *"r)o$) to 2r($t &"rt:&(t") o: '(rr(2" 3"t7""$ N(t9" Chr)t($)
PART II
TIME AN0 PLACE AT .HICH MARRIAGES MAY -E SOLEMNI/E0
1<. T'" :or )o!"'$4$2 '(rr(2"
11. P!(&" o: )o!"'$4$2 '(rr(2"
PART III
MARRIAGES SOLEMNI/E0 -Y MINISTERS OF RELIGION LECENSE0 =N0ER THIS ACT
12. Not&" o: $t"$%"% '(rr(2"
1+. P>3!&(to$ o: )>&h $ot&"
11. Not&" o: $t"$%"% '(rr(2" $ *r9(t" %7"!!$2
15. S"$%$2 &o*6 o: $ot&" to M(rr(2" R"2)tr(r 7h"$ o$" *(rt6 ) ( '$or
18. Pro&"%>r" o$ r"&"*t o: $ot&"
17. I))>" o: &"rt:&(t" o: $ot&" 29"$ ($% %"&!(r(to$ '(%"
18. 0"&!(r(to$ 3":or" ))>" o: &"rt:&(t"
1;. Co$)"$t o: :(th"r or 2>(r%($ or 'oth"r
2<. Po7"r to *roh3t 36 $ot&" ))>" o: &"rt:&(t"
21. Pro&"%>r" o$ r"&"*t o: $ot&"
22. I))>" o: &"rt:&(t" $ &()" o: '$ort6
2+. I))>" o: &"rt:&(t" to N(t9" Chr)t($)
21. For' o: &"rt:&(t"
25. So!"'$4(to$ o: '(rr(2"
28. C"rt:&(t") 9o% : '(rr(2" $ot )o!"'$4"% 7th$ t7o 'o$th)
PART IV
REGISTRATION OF MARRIAGES SOLEMNI/E0 -Y MINISTERS OF RELIGION
27. M(rr(2") 7h"$ to 3" r"2)t"r"%
28. R"2)tr(to$ o: '(rr(2") )o!"'$4"% 36 C!"r26'"$ o: Ch>r&h o: E$2!($%
2;. ?>(rt"r!6 r"t>r$) to Ar&h%"(&o$r6
+<. R"2)tr(to$ ($% r"t>r$) o: '(rr(2") )o!"'$4"% 36 &!"r26'"$ o: Ch>r&h o: Ro'"
+1. R"2)tr(to$ ($% r"t>r$) o: '(rr(2") )o!"'$4"% 36 C!"r26'"$ o: Ch>r&h o:
S&ot!($%
+2. C"rt($ '(rr(2") to 3" r"2)t"r"% $ %>*!&(t"
++. E$tr") o: )>&h '(rr(2") to 3" )2$"% ($% (tt")t"%
+1. C"rt:&(t" to 3" :or7(r%"% to M(rr(2" R"2)tr(r, &o*"% ($% )"$t to R"2)tr(r
G"$"r(!
+5. Co*") o: &"rt:&(t") to 3" "$t"r"% ($% $>'3"r"%
+8. R"2)tr(r to (%% $>'3"r o: "$tr6 to &"rt:&(t" ($% )"$% to R"2)tr(r G"$"r(!
+7. R"2)tr(to$ o: '(rr(2") 3"t7""$ N(t9" Chr)t($) 36 *"r)o$) r":"rr"% to &!(>)")
(1), (2) ($% (+) o: )"&to$ 5
PART V
MARRIAGES SOLEMNI/E0 -Y, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR
+8. Not&" o: $t"$%"% '(rr(2" 3":or" M(rr(2" R"2)tr(r
+;. P>3!&(to$ o: $ot&"
1<. Not&" to 3" :!"% ($% &o*6 "$t"r"% $ M(rr(2" Not&" -oo@
11. C"rt:&(t" o: $ot&" 29"$ ($% o(th '(%"
12. O(th 3":or" ))>" o: &"rt:&(t"
1+. P"tto$ to H2h Co>rt to or%"r &"rt:&(t" $ !")) th($ :o>rt""$ %(6)
11. Co$)"$t o: :(th"r or 2>(r%($. Prot")t (2($)t ))>" o: &"rt:&(t"
15. P"tto$ 7h"r" *"r)o$ 7ho)" &o$)"$t ) $"&"))(r6 ) $)($", or >$A>)t!6 7thho!%)
&o$)"$t
18. P"tto$ 7h"r" M(rr(2" R"2)tr(r r":>)") &"rt:&(t"
17. P"tto$ 7h"$ M(rr(2" R"2)tr(r $ A&&"%$2 St(t" r":>)") &"rt:&(t"
18. P"tto$ 7h"$ R"2)tr(r %o>3t) (>thort6 o: *"r)o$ :or3%%$2
1;. L(3!t6 o: :r9o!o>) *rot")t (2($)t ))>" o: &"rt:&(t"
5<. For' o: &"rt:&(t"
51. So!"'$4(to$ o: '(rr(2" (:t"r ))>" o: &"rt:&(t"
52. .h"$ M(rr(2" $ot h(% 7th$ t7o 'o$th) (:t"r $ot&", $"7 $ot&" r"B>r"%
5+. M(rr(2" R"2)tr(r '(6 ()@ :or *(rt&>!(r) to 3" r"2)t"r"%
51. R"2)tr(to$ o: '(rr(2" )o!"'$4"% >$%"r P(rt V
55. C"rt:&(t") to 3" )"$t 'o$th!6 to R"2)tr(r G"$"r(!
58. O::&"r) to 7ho' R"2)tr(r) $ A&&"%$2 St(t") )h(!! )"$% &"rt:&(t"
57. R"2)tr(r to ()&"rt($ th(t $ot&" ($% &"rt:&(t" (r" >$%"r)too% 36 $(t9" Chr)t($)
58. N(t9" Chr)t($ to 3" '(%" to >$%"r)t($% %"&!(r(to$)
5;. R"2)tr(r o: '(rr(2" 3"t7""$ N(t9" Chr)t($
PART VI
MARRIGE OF NATIVE CHRISTIANS
8<. O$ 7h(t &o$%to$) '(rr(2") o: N(t9" Chr)t($ '(6 3" &"rt:&(t"%
81. Gr($t o: &"rt:&(t"
82. C""*$2 o: r"2)t"r,3oo@ ($% %"*o)t o: "#tr(&t th"r":ro' 7th R"2)tr(r
8+. S"(r&h") $ r"2)t"r,3oo@ ($% &o*") o: "$tr")
81. -oo@) $ 7h&h '(rr(2") o: $(t9" Chr)t($) >$%"r P(rt I or P(rt III (r" r"2)t"r"%
85. P(rt VI $ot to (**!6 to Ro'($ C(tho!&), )(9$2 o: &"rt($ '(rr(2")
PART VII
PENALTIES
88. F(!)" o(th, %"&!(r(to$, $ot&" or &"rt:&(t" :or *ro&>r$2 '(rr(2"
87. For3%%$2, 36 :(!)" *"r)o$(to$, ))>" o: &"rt:&(t" 36 M(rr(2" R"2)tr(r
88. So!"'$4$2 '(rr(2" 7tho>t %>" (>thort6
8;. So!"'$4$2 '(rr(2" o>t o: *ro*"r t'", or 7tho>t 7t$"))")
7<. So!"'$4$2 7tho>t $ot&" or 7th$ :o>rt""$ %(6) (:t"r $ot&" '(rr(2" 7th '$or
71. I))>$2 &"rt:&(t", or '(rr6$2 7tho>t *>3!&(to$ o: $ot&"D '(rr6$2 (:t"r "#*r6 o:
$ot&"E )o!"'$4$2 '(rr(2" 7th '$or 7th$ :o>rt""$ %(6) 7tho>t (>thort6 o:
Co>rt or 7tho>t )"$%$2 &o*6 o: $ot&"D ))>$2 &"rt:&(t" (2($)t (>thor4"%
*roh3to$
72. I))>$2 &"rt:&(t" (:t"r "#*r6 o: $ot&", or, $ &()" o: '$or 7th$ :o>rt""$ %(6)
(:t"r $ot&", or (2($)t (>thor4"% *roh3to$
7+. P"r)o$) (>thor4"% to )o!"'$4" '(rr(2"
71. =$!&"$)"% *"r)o$ 2r($t$2 &"rt:&(t" *r"t"$%$2 to 3" !&"$)"%
75. 0")tro6$2 or :(!):6$2 r"2)t"r 3oo@)
78. L't(to$ o: *ro)"&>to$) >$%"r th) A&t
PART VIII
MISCELLANEO=S
77. .h(t '(tt"r) $""% $ot 3" *ro9"% $ r")*"&t o: '(rr(2" $ (&&or%($&" 7th A&t
78. Corr"&to$ o: "rror)
7;. S"(r&h") ($% &o*") o: "$tr")
8<. C"rt:"% &o*6 o: "$tr6 $ '(rr(2",r"2)t"r, "t&., to 3" "9%"$&"
81. C"rt:&(t") o: &"rt($ '(rr(2") :or C"$tr(! Go9"r$'"$t
82. Pro9$&(! Go9"r$'"$t to *r")&r3" :"")
8+. Po7"r to '(@" r>!")
81. Po7"r to *r")&r3" :"") ($% r>!") :or A&&"%$2 St(t")
85. Po7"r to %"&!(r" 7ho )h(!! 3" 0)tr&t F>%2"
88. Po7"r) ($% :>$&to$) "#"r&)(3!" () r"2(r%) A&&"%$2 St(t")
87. S(9$2 o: &o$)>!(r '(rr(2"
88. No$,9(!%(to$ o: '(rr(2") 7th$ *roh3t"% %"2r"")
TEXT
CHRISTIAN MARRIAGE ACT, 1872
(XV OF 1872)
[18
th
July, 1872]
A$
A&t
to consolidate and amend the law relating to the solemnization of the
marriage of Christians.
Pr"('3!".G Whereas it is expedient to consolidate and amend the law relating to the
solemnization of the marriage of persons professing the Christian religion: It is hereby enacted as
follows:
PRELIMINARY
1. Short tt!", "#t"$%, &o''"$&"'"$t.G This Act may be called the Christian Marriage
Act, 1!"#
It extends to the whole of $a%istan and, so far only as regards Christian citizens of
$a%istan to the Acceding &tates#
'(epealed by the (epealing Act, )*I of 1!+,#
2. HE$(&t'"$t) r"*"(!"%I .G (ep# -y the (epealing Act, 1./ 0I of 1./1# &# " and &ch#
+. I$t"r*r"t(to$).G In this Act, 2nless there is something rep2gnant in the s2b3ect or
context:4
5Ch2rch of 6ngland7 and 5Anglican7 mean and apply to the Ch2rch of 6ngland as by law
established:
5Ch2rch of &cotland7 means the Ch2rch of &cotland as by law established8 5Ch2rch of
(ome7 and 5(oman Catholic7 mean and apply to the Ch2rch which regards the $ope of
(ome as its spirit2al head8
5Ch2rch7 incl2des any chappel or other b2ilding generally 2sed for p2blic Christian worship8
5minor7 means a person who has not completed the age of twenty one years and who is
not a widower or a widow8
the expression 5Christians7 means persons professing the Christian religion8
and the expression 59ati:e Christians7 incl2des the Christian descendants of 9ati:es of
Indo4$a%istan s2b4continent con:erted to Christianity, as well as s2ch con:erts8
5(egistrar ;eneral of -irths, <eaths and Marriages7 means a (egistrar ;eneral of -irths,
<eaths and Marriages appointed 2nder the -irths, <eaths and Marriages (egistration Act,
1=#
PART,I
THE PERSONS -Y .HOM MARRIAGES MAY -E SOLEMNI/E0
1. M(rr(2") to 3" )o!"'$4"% (&&or%$2 to A&t.G 6:ery marriage between persons, one
or both of whom is or are a Christian or Christians, shall be solemnized in accordance with
the pro:isions of next following section8 and any s2ch marriage solemnized otherwise than in
accordance with s2ch pro:isions shall be :oid#
5. P"r)o$) 36 7ho' '(rr(2") '(6 3" )o!"'$4"%.G Marriage may be solemnized in
$a%istan#
011 by any person who has recei:ed 6piscopal ordination, pro:ided that the
marriage be solemnized according to the r2les, rites, ceremonies and c2stoms of the
Ch2rch of which he is a minister8
0"1 by any Clergyman of the ch2rch of &cotland, pro:ided that s2ch marriage be
solemnized according to the r2les rites, ceremonies c2stoms of the Ch2rch of &cotland8
0/1 by any Minister of (eligion licensed 2nder this Act ot solemnize marriage8
0+1 by, or in the presence of a Marriage (egistrar appointed 2nder this Act8
0>1 by any person licensed 2nder this Act to grant certificates of marriage
between 9ati:e Christians#
8. Gr($t ($% r"9o&(to$ o: !&"$)") to )o!"'$4" '(rr(2".G The $ro:incial
;o:ernment so far as regards the territories 2nder its administration, and the Central
;o:ernment so far as regards any Acceding &tate may, by notification in the official
;azette, grant licenses to Ministers of (eligion to solemnize marriages within s2ch
territories and &tate, respecti:ely, and may by a li%e notification, re:o%e s2ch licenses#
7. M(rr(2" R"2)tr(r).G The $ro:incial ;o:ernment may appoint one or more
Christians, either by name or as holding any office for any district s2b3ect to its
administration#
&enior marriage (egistrars# Where there are more marriage (egistrars than one in any
district, the $ro:incial ;o:ernment shall appoint one of them to be the &enior Marriage
(egistrar#
Magistrate when to be Marriage (egistrar# When there is only one Marriage (egistrar in a
district, and s2ch (egistrar is absent from s2ch district, or, ill, or when his office is temporarily
:acant, the Magistrate of the district shall act, as, and be, Marriage (egistrar thereof d2ring
s2ch absence, illness or temporary :acancy#
8. M(rr(2" R"2)tr(r) $ A&&"%$2 St(t").G The Central ;o:ernment may, by
notification in the official ;azette appoint any Christian, either by name or asw holding any
office for the time being, to be a Marriage (egistrar in respect of any district or place within
any Acceding &tate#
;. L&"$)$2 o: *"r)o$) to 2r($t &"rt:&(t") o: '(rr(2" 3"t7""$ N(t9" Chr)t($).
G The $ro:i.ncial ;o:ernment or 0so far as regards and Acceding &tate1 the Central
;o:ernment may grant a license to any Christian, either by name or as holding any office
for the time being, a2thorizing him to grant certificate of marriage between 9ati:e
Christians#
Any s2ch license may be re:o%ed by the a2thority by which it was granted, and e:ery
s2ch grant or re:ocation shall be notified in the official ;azette#
PART II
TIME AN0 PLACE AT .HICH MARRIAGES MAY -E SOLEMNI/E0
1<. T'" :or )o!"'$4$2 '(rr(2".G 6:ery marriage 2nder this Act shall be solemnized
between the ho2rs of six in the morning and se:en in the e:ening:
$ro:ided that nothing in this section shall apply to?
011 a Clergyman of the Ch2rch of 6ngland solemnizing a marriage 2nder a special
license permitting him to do so at any ho2r other than between six in the morning and se:en
in the e:ening, 2nder the hand and seal of the Anglican -ishop of the Commissary, or
0"1 a Clergyman of the Ch2rch of (ome solemnizing a marriage between the ho2rs
of se:en in the e:ening and six in the morning, when he has recei:ed a general or
special license in that behalf from the (oman Catholic -ishop of the <iocese or *icariate
in which s2ch marriage is so solemnized, or from s2ch person as the same -ishop has
a2thorized to grant s2ch license, or
0/1 a Clergyman of the ch2rch of &cotland solemnizing a marriage according to the
r2le, rites, ceremonies and c2stoms of the Ch2rch of &cotland#
11. P!(&" o: )o!"'$4$2 '(rr(2".G 9o clergyman of the Ch2rch of 6ngland shall
solemnize a marriage in any place other than a ch2rch, where worship is generally held
according to the forms of the ch2rch of 6ngland:
2nless he has recei:ed a special license a2thorizing him to do so 2nder the hand and
seal of the Anglican -ishop of the <iocese or his Commissary#
@ee for special license# @or s2ch special license, the (egistrar of the <iocese may charge
s2ch additional fee as the said -ishop from time to time a2thorizes#
PART III
MARRIAGES SOLEMNI/E0 -Y MINISTERS OF RELIGION LECENSE0 =N0ER THIS ACT
12. Not&" o: $t"$%"% '(rr(2".G Whene:er a marriage is intended to be solemnized
by a Minister of (eligion licensed to solemnize marriage 2nder this Act, one of the persons
intending marriage shall gi:e notice in writing according to the form contained in the
@irst &ched2le hereto annexed, or the li%e effect, to the Minister of (eligion whom he or
she desires to solemnize the marriage, and shall state therein:44
0a1 the name and s2rname, and the profession or condition, of each of the persons
intending marriage#
0b1 The dwelling4place of each of them#
0c1 The time d2ring which each has dwelt there, and
0d1 The Ch2rch or pri:ate dwelling in which the marriage is to be solemnized: $ro:ided
that, if either of s2ch persons has dwelt in the place mentioned in the notice
d2ring more than one month, it may be stated therein that he or she has dwelt
there one month and 2pwards#
1+. P>3!&(to$ o: )>&h $ot&".G If the persons intending marriage desire it to be
solemnized in a partic2lar Ch2rch and if the Minister of (eligion to whom s2ch notice has
been deli:ered be entitled to officiate therein, he shall ca2se the notice to be affixed in some
conspic2o2s part of s2ch Ch2rch#
(et2rn or transfer of notice# -2t if he is not entitled to officiate as a Minister in s2ch
ch2rch, he shall, at his option, either ret2rn the notice to the person who deli:ered it to him,
or deli:er it to some other Minister entitled to officiate therein who shall there2pon
ca2se the notice to be affixed as aforesaid#
11. Not&" o: $t"$%"% '(rr(2" $ *r9(t" %7"!!$2.G If it be intended that the marriage
shall be solemnized in a pri:ate dwelling8 Minister of (eligion, on recei:ing the notice
prescribed in section 1> shall forward it to the Marriage (egistrar of the district, who
shall affix the same to some conspic2o2s place in his own office#
15. S"$%$2 &o*6 o: $ot&" to M(rr(2" R"2)tr(r 7h"$ o$" *(rt6 ) ( '$or.G When
one of the persons intending marriage is a minor, e:ery Minister recei:ing s2ch notice shall,
2nless within twenty4fo2r ho2rs after its receipt he ret2rns the same 2nder the pro:isions
of section 1/, send by the post or otherwise a copy of s2ch notice to the Marriage (egistrar
of the district, or, if there be more than one (egistrar of s2ch district, to the &enior
Marriage (egistrar#
18. Pro&"%>r" o$ r"&"*t o: $ot&".G The Marriage (egistrar, as the case may be, on
recei:ing any s2ch notice, shall affix it to some conspic2o2s place in his own office and
the latter shall f2rther ca2se a copy of the said notice to be sent to each of the other
Marriage (egistrar in the same district, who shall li%ewise p2blish the same in the manner
abo:e directed#
17. I))>" o: &"rt:&(t" o: $ot&" 29"$ ($% %"&!(r(to$ '(%".G Any Minister of (eligion
consenting or intending to solemnize any s2ch marriage as aforesaid, shall on being reA2ired
so to do by or on behalf of the person by whom the notice was gi:en, and 2pon one of the
persons intending marriage ma%ing the declaration hereinafter reA2ired iss2e 2nder his
hand a certificate of s2ch notice ha:ing been gi:en and of declaration ha:ing been made#
$ro:ided?
011 that no s2ch certificate shall be iss2ed 2ntil the expiration of fo2r days after the
date of the notice by s2ch Minister8
0"1 that no lawf2l impediment be shown to his satisfaction why s2ch certificate sho2ld
not iss2e8 and
0/1 that the iss2e of certificate has not been forbidden, in manner hereinafter
mentioned, by any person a2thorized#
18. 0"&!(r(to$ 3":or" ))>" o: &"rt:&(t".G The certificate mentioned in section 1! shall
not be iss2ed 2ntil one of the persons intending marriage has appeared personally before the
Minister and made a solemn declaration44
0a1 that he or she belie:es that there is not any impediment of %indred or affinity
or other lawf2l hindrance to the said marriage, and when either ore both of
the parties is or are minor or minors#
0b1 That the consent or consents reA2ired by law has or ha:e been obtained there
is no person resident in $a%istan ha:ing a2thority to gi:e s2ch consent, as the
case may be#
1;. Co$)"$t o: :(th"r or 2>(r%($ or 'oth"r.G The father, if li:ing, of any minor, or if,
the father be dead, the g2ardian of s2ch minor, and in case there be no s2ch g2ardian then
the mother of s2ch minor, may gi:e consent to the minorBs marriage, and s2ch consent is
hereby reA2ired for the same marriage 2nless no person a2thorized to gi:e s2ch consent be
resident in $a%istan#
2<. Po7"r to *roh3t 36 $ot&" ))>" o: &"rt:&(t".G 6:ery person whose consent to a
marriage is reA2ired 2nder section 1. is hereby a2thorized to prohibit the iss2e of the
certificate by any Minister, at any time before the iss2e of the same, by notice in writing to
s2ch Minister, s2bscribed by the person so a2thorized with his or her name and place of
abode and position with respect to either of the persons intending marriage by reason of
which he or she is so a2thorized as aforesaid#
21. Pro&"%>r" o$ r"&"*t o: $ot&".G If any s2ch notice be recei:ed by s2ch Minster he
shall not iss2e his certificate and shall not solemnize the said marriage 2ntil he has
examined into the matter of the said prohibition, and is satisfied that the person
prohibiting the marriage has not lawf2l a2thority for s2ch prohibition, or 2ntil the said notice is
withdrawn by the person who ga:e it#
22. I))>" o: &"rt:&(t" $ &()" o: '$ort6.G When either of the persons intending
marriage is a minor, and the Minister is not satisfied that the consent of the person
whose consent to s2ch marriage is reA2ired by section 1. has been obtained, s2ch Minister
shall not iss2e s2ch certificate 2ntil the expiration of fo2rteen days after the receipt by
him of the notice of marriage#
2+. I))>" o: &"rt:&(t" to N(t9" Chr)t($).G When any 9ati:e Christian abo2t to be
married ta%es notice of marriage to a Minister of (eligion, or applies for a certificate from
s2ch Minister 2nder section 1!, s2ch Minister shall, before iss2ing the certificate ascertain
whether s2ch 9ati:e Christian is cognizant of the p2rport and effect of the said notice or
certificate, as the case may be, and, if not, shall translate or ca2se to be translated the notice
or certificate to s2ch 9ati:e Christian into some lang2age which he 2nderstands#
21. For' o: &"rt:&(t".G The certificate to be iss2ed by s2ch Minister shall be in the form
contained in the &econd &ched2le hereto annexed, or to the li%e effect#
25. So!"'$4(to$ o: '(rr(2".G After the iss2e of the certificate by Minister, marriage
may be solemnized between the persons therein described according to s2ch form or
ceremony as the Minister thin%s fit to adopt:
$ro:ided that the marriage be solemnized in the presence of at least two witnesses
besides the Minister#
28. C"rt:&(t") 9o% : '(rr(2" $ot )o!"'$4"% 7th$ t7o 'o$th).G Whene:er a
marriage is not solemnized with two months after the date of the certificate iss2ed by s2ch
Minister as aforesaid s2ch certificate and all proceedings 0if any1, thereon shall be :oid#
And no person shall proceed to solemnize the said marriage 2ntil new notice has been
gi:en and a certificate thereof iss2ed in the manner aforesaid#
PART IV
REGISTRATION OF MARRIAGES SOLEMNI/E0 -Y MINISTERS OF RELIGION
27. M(rr(2") 7h"$ to 3" r"2)t"r"%.G All marriages hereafter solemnized in $a%istan
between persons one or both of whom professes or profess the Christian religion,
except marriages solemnized 2nder $art * or $art *I of this Act, be registered in the manner
hereinafter prescribed#
28. R"2)tr(to$ o: '(rr(2") )o!"'$4"% 36 C!"r26'"$ o: Ch>r&h o: E$2!($%.G 6:ery
Clergymen of the Ch2rch of 6ngland shall %eep a register of marriages and shall register
therein, according to the tab2lar form set forth in the Third &ched2le hereto, annexed, e:ery
marriage which he solemnizes 2nder this Act#
2;. ?>(rt"r!6 r"t>r$) to Ar&h%"(&o$r6.G 6:ery Clergyman of the Ch2rch of 6ngland
shall send fo2r times in e:ery year ret2rn in d2plicate, a2thenticated by his signat2re, of
the entries in the register of marriages solemnized any place where he has any spirit2al
charge, to the (egistrar of the Archdeaconry to which he is s2b3ect, or tithing the limits of
which s2ch place is sit2ate#
Contents of ret2rns# &2ch A2arterly ret2rns shall contain all the entries of
marriages contained in the said register form the first day of Can2ary to the thirty4first day of
March from the first day of April to the thirtieth day of C2ne, from the first day of C2ly to the
thirtieth day of &eptember, and from the first day of Dctober to the thirty4first day of
<ecember, of each year respecti:ely, and shall be sent by s2ch Clergyman within two wee%s
from the expiration of each of the A2arters abo:e specified#
The said (egistrar 2pon recei:ing the said ret2rns shall send one copy thereof to the
(egistrar ;eneral of -irth <eaths and Marriages#
+<. R"2)tr(to$ ($% r"t>r$) o: '(rr(2") )o!"'$4"% 36 &!"r26'"$ o: Ch>r&h o:
Ro'".G 6:ery marriage solemnized by a Clergyman of the Ch2rch of (ome shall be
registered by the person and according to the form directed in that behalf by the (oman
Catholic -ishop of the <iocese or *icariate, in which s2ch marriage is solemnized,
and s2ch person shall forward A2arterly to the (egister ;eneral of -irths, <eaths and
Marriages ret2rns of the entries of all marriages registered by him d2ring the three months
next preceding#
+1. R"2)tr(to$ ($% r"t>r$) o: '(rr(2") )o!"'$4"% 36 C!"r26'"$ o: Ch>r&h o:
S&ot!($%.G 6:ery Clergymen of the Ch2rch of &cotland shall %eep a register of marriages,
and shall register therein, according to the tab2lar form set forth in the Third &ched2le hereto
annexed, e:ery marriage which he solemnizes 2nder this Act, and shall forward A2arterly to the
(egistrar ;eneral of -irths, <eath and Marriages, thro2gh the &enior Chaplain of the Ch2rch of
&cotland, ret2rns, similar to those prescribed in section "., of all s2ch marriages#
+2. C"rt($ '(rr(2") to 3" r"2)t"r"% $ %>*!&(t".G 6:ery marriage solemnized by any
person who has recei:ed episcopal ordination, b2t who is not a Clergyman of the
Ch2rch of 6ngland, or of the Ch2rch of (ome, or by any Minister of (eligion licensed 2nder
this Act to solemnize marriages, shall, immediately after the solemnization thereof be
registered in d2plicated by the same8 0that is to say1 in a marriage register4boo% to
be %ept by him for that p2rpose, according to the form contained in the @o2rth
&ched2le hereto annexed and also in a certificate attached to be marriage4register4boo% as a
co2nterfoil#
++. E$tr") o: )>&h '(rr(2") to 3" )2$"% ($% (tt")t"%.G The entry of s2ch marriage
in both the certificate and marriage4register4boo% shall be signed by the person solemnizing
the marriage, and also by the persons married and shall be attested by two credible
witnesses, other than the person solemnizing the marriage, present at its solemnization#
6:ery s2ch entry shall be made in order from the beginning to the end of the boo%,
and the n2mber of the certificate shall correspond with that of the entry in the marriage4
register4boo%#
+1. C"rt:&(t" to 3" :or7(r%"% to M(rr(2" R"2)tr(r, &o*"% ($% )"$t to R"2)tr(r
G"$"r(!.G The person solemnizing the marriage shall forthwith separate the certificate
from the marriage4register4boo% and send it, within one month from the time of the
solemnization, to the Marriage (egistrar of the district in which the marriage was solemnized,
or, if there be more Marriage (egistrars than one, to the &enior Marriage (egistrar, who
shall ca2se s2ch certificate to be copied into a boo% to be %ept by him for that p2rpose#
And shall send all the certificates which he has recei:ed d2ring the month, with s2ch
n2mber and signat2re or initials added thereto as are hereinafter reA2ired, to the (egistrar
;eneral of -irths, <eaths and Marriages#
+5. Co*") o: &"rt:&(t") to 3" "$t"r"% ($% $>'3"r"%.G &2ch copies shall be entered
in order from the beginning to the end of the said boo% and shall bear both the n2mber of
the certificate as copied and also a n2mber to be entered by the Marriage (egistrar
indicating the n2mber of the entry of the said copy in the said boo%, according to the order in
which he recei:es each certificate#
+8. R"2)tr(r to (%% $>'3"r o: "$tr6 to &"rt:&(t" ($% )"$% to R"2)tr(r G"$"r(!.G
The Marriage (egistrar shall also add s2ch last mentioned n2mber of the entry of the in the
boo% to the certificate, with his signat2re or initials, and shall, at the end of e:ery month send
the same to the (egistrar ;eneral of birth <eaths and Marriages#
+7. R"2)tr(to$ o: '(rr(2") 3"t7""$ N(t9" Chr)t($) 36 *"r)o$) r":"rr"% to
&!(>)") (1), (2) ($% (+)o: )"&to$ 5.G When any marriage between 9ati:e Christians is
solemnized by any s2ch person, Clergyman or Minister of (eligion as is referred to in
cla2se 011 cla2se 0"1 or cla2se 0/E of section >, the person solemnizing the same shall,
instead of proceeding in the manner pro:ided by sections " to /=, both incl2si:e, register
the marriage in a separate register4boo%, and shall %eep it safely 2ntil it is filled, or, if he
lea:es the district in which he solemnized the marriage before the said boo% is filled, shall
ma%e o:er the same to the person s2cceeding to his d2ties in the said district#
C2stody and disposal of register4boo%# Whoe:er has the control of the boo% at the time
when it is filled, shall send it to the Marriage (egistrar of the district, or, if there be more
Marriage (egistrars than one, to &enior Marriage (egistrar, who shall send it to (egistrar
;eneral of -irth, <eaths and Marriages, to be %ept by %ept by him with the records of his
office#
PART V
MARRIAGES SOLEMNI/E0 -Y, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR
+8. Not&" o: $t"$%"% '(rr(2" 3":or" M(rr(2" R"2)tr(r.G When a marriage is
intended to be solemnized by, or in the presence of, a Marriage (egistrar, one, of the
parties to s2ch marriage shall gi:e notice in writing, in the form contained in the @irst
&ched2le hereto annexed, or to the li%e effect, to any Marriage (egistrar of the <istrict within
which the parties ha:e dwelt8
or if the parties dwell in different district, shall gi:e the li%e notice to a Marriage
(egistrar of each district,
and shall state therein the name and s2rname, and the profession or condition, of
each of the parties intending marriage, the dwelling4place of each of them, the time
d2ring which each has dwelt therein, and the place at which the marriage is to be
solemnized#
$ro:ided that, if either party has dwelt in the place stated in the notice for more than
one month, it may be stated therein that he or she has dwelt there one month and 2pwards#
+;. P>3!&(to$ o: $ot&".G 6:ery Marriage (egistrar shall, on recei:ing any s2ch notice,
ca2se a copy thereof to be affixed in some conspic2o2s place in his office#
When one of the parties intending marriage is minor, e:ery Marriage (egistrar
shall, within twenty4fo2r ho2rs after the receipt by him of the notice of s2ch marriage,
send, by post of otherwise, a copy of s2ch notice to each of the other Marriage (egistrars 0if
any1 in the same district who shall li%ewise affix the copy in some conspic2o2s place in his
own office#
1<. Not&" to 3" :!"% ($% &o*6 "$t"r"% $ M(rr(2" Not&" -oo@.G The Marriage
(egistrar shall file all s2ch notices and %eep them with the records of his office#
And shall also forthwith enter a tr2e copy of all s2ch notices in a boo% to be
f2rnished to him for that p2rpose by the $ro:incial ;o:ernment and to be called the
5Marriage 9otice -oo%7,
And the marriage 9otice -oo% shall be open at all reasonable times, witho2t fee, to a
persons desiro2s of inspecting the same#
11. C"rt:&(t" o: $ot&" 29"$ ($% o(th '(%".G If the party by whom the notice was
gi:en reA2ests the Marriage (egistrar to iss2e the certificate next hereinafter mentioned,
and if one of the parties intending marriage has made oath as hereinafter reA2ired, the
Marriage (egister shall iss2e 2nder his hand a certificate of s2ch notice ha:ing been
gi:en and of s2ch oath ha:ing been made:
$ro:iso pro:ided4
That no lawf2l impediment be shown to his satisfaction why s2ch certificate sho2ld not
iss2e8
That the iss2e of s2ch certificate has not been forbidden in manner hereinafter
mentioned, by any person a2thorized in that behalf by this Act8
That fo2r days after the receipt of the notice ha:e expired, and f2rther, That fo2r days after
the receipt of the notice ha:e expired, and f2rther,
That where, by s2ch oath it appears that one of the parties intending marriage is a
minor, fo2rteen days after the entry of s2ch notice ha:e expired#
12. O(th 3":or" ))>" o: &"rt:&(t".G The certificate mentioned in section +1 shall not be
iss2ed by any Marriage (egistrar, 2ntil one of the parties intending marriage appears
personally before s2ch Marriage (egistrar, and ma%es oath4
0a1 that he or she belie:es that there is not any impediment of %indred or affinity, or
other lawf2l hindrance, to the said Marriage and
0b1 that both the parties ha:e, or 0where they ha:e dwelt in the district of different
Marriage (egistrars1 that the party ma%ing s2ch oath has, had their, his
or her 2s2al place of abode within the district of s2ch marriage (egistrar#
And, where either or each of the parties is a minor,44
0c1 that the consent or consents to s2ch marriage reA2ired by law has or ha:e been
obtained thereto, or that there is no person resident in $a%istan a2thorized to gi:e
s2ch consent, as the case may be#
1+. HP"tto$ to H2h Co>rt to or%"r &"rt:&(t" $ !")) th($ :o>rt""$ %(6)I.G omitted by
A#D#, 1.+., &ched2le#
11. Co$)"$t o: :(th"r or 2>(r%($. Prot")t (2($)t ))>" o: &"rt:&(t".G The pro:ision
of section 1. apply to e:ery marriage 2nder this $art, either of the parties to which is a
minor8 and any person whose consent to s2ch marriage wo2ld be reA2ired there2nder
may enter a protest against the iss2e of the Marriage (egistrarBs certificate, by writing, at any
time before the iss2e of s2ch certificate, the word 5forbidden7 opposite to the entry of the
notice of s2ch intended marriage in the Marriage 9otice -oo%, and by s2bscribing thereto
his or her name and place of abode, and his or her position with respect to either of the
parties, by reason of which her or she is so a2thorized#
6ffect to protest# When s2ch protest has been entered, no certificate shall iss2e 2ntil
the Marriage (egistrar has examined into the matter of the protest, and is satisfied that it
o2ght not to obstr2ct the iss2e of the certificate for the said marriage, or 2ntil the protest be
withdrawn by the person who entered it#
15. P"tto$ 7h"r" *"r)o$ 7ho)" &o$)"$t ) $"&"))(r6 ) $)($", or >$A>)t!6 7thho!%)
&o$)"$t.G If any person whose consent is necessary to any marriage 2nder this part is of
2nso2nd mind, or if any s2ch person 0other than the father1 witho2t 32st ca2se withholds his
consent to the marriage, the parties, intending marriage may apply by petition, to the <istrict
C2dge#
$roced2re on petition# And the said <istrict C2dge may examine the allegations of the
petition in a s2mmary way:4
And, if 2pon examination s2ch marriage appears proper, s2ch <istrict 32dge shall
declare the marriage to be a proper marriage#
&2ch declaration shall be as effect2al as if the person whose consent was needed had
consented to the marriage8
And, if he has forbidden the iss2e of the Marriage (egistrarBs certificate, s2ch
certificate shall be iss2ed and the li%e proceeding may be had 2nder this $art in relation to the
Marriage as if the iss2e of s2ch certificate had not been forbidden#
18. P"tto$ 7h"r" M(rr(2" R"2)tr(r r":>)") &"rt:&(t".G Whene:er a Marriage
(egistrar ref2ses to iss2e a certificate 2nder this $art, either of the parties intending marriage may
apply by petition to the <istrict C2dge#
$roced2re on petition# The said <istrict C2dge may examine the allegations of the
petition in a s2mmary way, and shall decide thereon#
The decision of s2ch <istrict C2dge shall be final, and the Marriage (egistrar to whom
the application for the iss2e of a certificate was originally made shall proceed in accordance
therewith#
17. P"tto$ 7h"$ M(rr(2" R"2)tr(r $ A&&"%$2 St(t" r":>)") &"rt:&(t".G Whene:er
a Marriage (egistrar resident in any Acceding &tate ref2ses to iss2e his certificate either
of the parties intending marriage may apply by petition to the Central ;o:ernment, who shall
decide thereon#
&2ch decision shall be final, and the Marriage (egistrar to whom the application was
originally made shall proceed in accordance therewith#
18. P"tto$ 7h"$ R"2)tr(r %o>3t) (>thort6 o: *"r)o$ :or3%%$2.G $roced2re on
petition# Whene:er a Marriage (egistrar, acting 2nder the pro:isions of section ++, is do, the said
Marriage (egistrar shall apply by petition, to the <istrict C2dge# The said petition shall state all
the circ2mstances of the case, and pray for the order and direction of the Co2rt concerning the
same#
And the said <istrict 32dge shall examine into the allegations of the petition and the said
circ2mstances of the case:
And if, 2pon s2ch examination, it appears that the person forbidding the iss2e of s2ch
certificate is not a2thorized by law so to do, s2ch <istrict C2dge shall declare that the
person forbidding the iss2e of s2ch certificate is not a2thorized as aforesaid,
And there2pon s2ch certificate shall be iss2ed, and the li%e proceedings may be had in
relation to s2ch marriage as if the iss2e had not been forbidden#
(eference when Marriage (egistrar in Acceding &tate do2bts a2thority of person
forbidding# Whene:er a Marriage (egistrar appointed 2nder section to act within any
Acceding &tate is not satisfied that the person forbidding the iss2e of the certificate is
a2thorized by law so to do, the said Marriage (egistrar shall send a statement of all the
circ2mstances of the case, together with all doc2ments relating thereto to the Central
;o:ernment#
$roced2re on reference# If it appears to the Central ;o:ernment that the person
forbidding the iss2e of s2ch certificate is not a2thorized by law so to do, the Central
;o:ernment shall declare that the person forbidding the iss2e of s2ch certificate is not
a2thorized as aforesaid,
And there2pon s2ch certificate shall be iss2ed, and the li%e proceedings may be had in
relation to s2ch Marriage as if the iss2e of the certificate had not been forbidden#
1;. L(3!t6 o: :r9o!o>) *rot")t (2($)t ))>" o: &"rt:&(t".G 6:ery person entering a
protest with the Marriage (egistrar, 2nder this $art against the iss2e of any certificate, on
gro2nds which s2ch marriage (egistrar8 2nder section ++ or the <istrict C2dge, 2nder
section +> or +=, declares to be fri:olo2s and s2ch as o2ght not to obstr2ct the iss2e of the
certificate, shall be liable for the costs of all proceedings in relation thereto and for
damages, to be reco:ered by s2it by the person against whose marriage s2ch protest was
entered#
5<. For' o: &"rt:&(t".G The certificate to be iss2ed by the Marriage (egistrar 2nder the
pro:isions of pro:isions of section +1 shall be in the form contained in the &econd
&ched2le to this Act annexed or to the li%e effect, and the $ro:incial ;o:ernment shall f2rnish to
e:ery Marriage (egistrar a s2fficient n2mber of certificates#
51. So!"'$4(to$ o: '(rr(2" (:t"r ))>" o: &"rt:&(t".G After the iss2e of the
certificate of the Marriage (egistrar, or, where notice is reA2ired to be gi:en 2nder this Act to
the Marriage (egistrars for different districts, after the iss2e of the certificates, of the
Marriage (egistrars for s2ch districts, Marriage may, if there be no lawf2l impediment to
the marriage of the parties described in s2ch certificate or certificates, be solemnized
between them, according to s2ch form and ceremony as they thin% fit to adopt#
-2t e:ery s2ch marriage shall be solemnized in the presence of some Marriage
(egistrar 0to whom shall be deli:ered s2ch certificate or certificates as aforesaid1, and of two
or more credible witnesses besides the Marriage (egistrar#
And in some part of the ceremony each of the parties declare as follows, or to the li%e
effect:4
5I do not solemnly declare that I %now not of any lawf2l impediment why I, A#-#, may not
be 3oined in matrimony to C#<#7
And each of the parties shall say to the other as follows or to the li%e effect:45I call
2pon these persons here present to witness that I,A#-# do ta%e the, C#<#, to be my lawf2l
wedded wife 'or h2sband,#
52. .h"$ M(rr(2" $ot h(% 7th$ t7o 'o$th) (:t"r $ot&", $"7 $ot&" r"B>r"%.G
Whene:er a marriage is not solemnize the marriage nor shall any Marriage (egistrar
enter the same, 2ntil, new notice has been gi:en, and entry made, and certificate thereof
gi:en, at the time and the manner aforesaid#
5+. M(rr(2" R"2)tr(r '(6 ()@ :or *(rt&>!(r) to 3" r"2)t"r"%.G A Marriage (egistrar
before whom any marriage is solemnized 2nder this $art may as% of the persons to be
married the se:eral partic2lars reA2ired to be registered to2ching s2ch marriage#
51. R"2)tr(to$ o: '(rr(2" )o!"'$4"% >$%"r P(rt V.G After the solemnization of any
marriage 2nder this $art, the Marriage (egistrar present at s2ch solemnization shall
forthwith register the marriage in d2plicate that is to say, in a marriage4register4boo%,
according to the form of the &ched2le hereto annexed, and also in a certificate attached to the
marriage4boo% as a co2nterfoil#
The entry of s2ch marriage in both the certificate and the marriage4register4 boo% shall
be signed by the person by or before whom the marriage has been solemnized, if there be
any s2ch person, and by the Marriage (egistrar present at s2ch marriage, whether or
not it is solemnized by him, and also by the parties married, and attested by two credible
witness other than the Marriage (egistrar and person solemnizing the marriage#
6:ery s2ch entry shall be made in order from the beginning to the end of the boo%,
and the n2mber of the certificate shall correspond with that of the entry in the marriage4
register4boo%#
55. C"rt:&(t") to 3" )"$t 'o$th!6 to R"2)tr(r G"$"r(!.G The marriage shall forthwith
separate the certificate from the marriage4register4boo% and send it, at the end of e:ery
month, to the (egistrar ;eneral of -irths, <eaths and Marriages#
C2stody of register4boo%# The Marriage (egistrar shall %eep safely the said register4boo%
2ntil it is filled, and shall then send it to the (egistrar ;eneral of -irths, <eaths and
Marriages, to be %ept by him with the records of his office#
58. O::&"r) to 7ho' R"2)tr(r) $ A&&"%$2 St(t") )h(!! )"$% &"rt:&(t".G The
Marriage (egistrar in Acceding &tates shall send the certificates mentioned in section
>+ to s2ch officers as the Central ;o:ernment from time to time by notification in the official
;azette appoints in this behalf#
57. R"2)tr(r to ()&"rt($ th(t $ot&" ($% &"rt:&(t" (r" >$%"r)too% 36 $(t9"
Chr)t($).G When any 9ati:e Christian abo2t to be married gi:es a notice of marriage,
or applies for a certificate from a Marriage (egistrar, s2ch Marriage (egistrar shall ascertain
whether the said 9ati:e Christian 2nderstands the 6nglish lang2age, and, if he does not,
the Marriage (egistrar shall translate, or ca2se to be translated, s2ch notice or certificate, or
both of them as the case may be, to s2ch 9ati:e Christian into a lang2age which he
2nderstands8
Dr the Marriage (egistrar shall otherwise ascertain whether the 9ati:e Christian is
cognizant of the p2rport and effect of the said notice and certificate#
58. N(t9" Chr)t($ to 3" '(%" to >$%"r)t($% %"&!(r(to$).G When any 9ati:e
Christian is married 2nder the pro:isions of this $art, the person solemnizing the marriage
shall ascertain whether s2ch 9ati:e Christian 2nderstands the 6nglish lang2age, and if he
does not, the person solemnizing the marriage shall, at the time of the solemnization
translate, or ca2se to be translated, to s2ch 9ati:e Christian, into a lang2age which he
2nderstands, the declarations made at s2ch marriage in accordance with the pro:ision of
this Act#
5;. R"2)tr(r o: '(rr(2" 3"t7""$ N(t9" Chr)t($.G The registration of marriage
between 9ati:e Christian 2nder this $art shall be made in conformity with the r2les laid
down in section /! 0so far as they applicable1, and not otherwise#
PART VI
MARRIGE OF NATIVE CHRISTIANS
8<. O$ 7h(t &o$%to$) '(rr(2") o: N(t9" Chr)t($ '(6 3" &"rt:&(t"%.G 6:ery
marriage between 9ati:e Christians applying for a certificate shall witho2t the preliminary notice
reA2ired 2nder $art III be certified 2nder this $art, if the following conditions to be f2lfilled, and
not otherwise:4
011 the age of the man intending to be married shall exceed sixteen years, and the
age of the woman intending to be married shall exceed thirteen years#
0"1 9either of the persons intending to be married shall ha:e a wife or
h2sband still li:ing8
0/1 In the presence of a person licensed 2nder section ., and of at least two
credible witnesses other than s2ch person, each of the parties shall say to the other#
5I call 2pon these persons here present to witness that I, A#-# in the presence of Almighty
;od, and in the name of o2r Ford Ces2s Christ, do ta%e thee, C#<#, to be my lawf2l wedded
wife 'or h2sband,7 or words to the li%e effect:
$ro:ided that no marriage shall be certified 2nder this $art when either of parties
intending to be married has not completed his or her eighteenth years, 2nless s2ch consent as
is mentioned in section 1. has been gi:en to the intended marriage, or 2nless it appears that
there is no person li:ing a2thorized to gi:e s2ch consent#
81. Gr($t o: &"rt:&(t".G When, in respect to any marriage solemnized 2nder this $art,
the conditions, prescribed in section =E ha:e been f2lfilled, the person licensed as aforesaid,
in whose presence the said declaration has been made, shall, on the application of
either of the parties to s2ch marriage, and on the payment of a fee of fo2r annas, grant a
certificate of the marriage#
The certificate shall be signed by s2ch licensed person, and shall be recei:ed in any
s2it to2ching the :alidity of s2ch marriage as concl2si:e proof of its ha:ing been
performed#
82. C""*$2 o: r"2)t"r,3oo@ ($% %"*o)t o: "#tr(&t th"r":ro' 7th R"2)tr(r.G 011
6:ery person licensed 2nder section . shall %eep in 6nglish, or in the :ernac2lar lang2age
in ordinary 2se in the district or &tate in which the marriage was solemnized, and in
s2ch form as the $ro:incial ;o:ernment by which he was licensed may from time to time
prescribe, a register4boo% of all Marriage solemnized 2nder this $art in his presence, and
shall deposit in the territories 2nder the administration of the said $ro:incial ;o:ernment in
s2ch form and at s2ch inter:als as the ;o:ernment may prescribe, tr2e and d2ly
a2thenticated extracts from his register4boo% of all entries made therein since the last of those
inter:als#
0"1 Where the person %eeping the register4boo% was licensed as regards and
acceding &tate by the Central ;o:ernment, references in s2b4section 011 to the $ro:incial
;o:ernment therein mentioned shall be read as references to the $ro:incial ;o:ernment to
whose (egistrar ;eneral of -irths, <eaths and Marriages certified copies of entries in
registers of births and deaths are for the time being reA2ired to be sent 2nder section "+, s2b4
section 0"1 of the -irths, <eaths and Marriages (egistration Act, 1=#
8+. S"(r&h") $ r"2)t"r,3oo@ ($% &o*") o: "$tr").G 6:ery person licensed 2nder his
Act to grant certificates of marriages and %eeping a marriage4register4boo% 2nder section
=", shall, at all reasonable times allow search to be made in s2ch boo%, and shall payment of
the proper fee, fi:e a copy, certified 2nder his hand, of entry therein#
81. -oo@) $ 7h&h '(rr(2") o: $(t9" Chr)t($) >$%"r P(rt I or P(rt III (r"
r"2)t"r"%.G The pro:isions of sections =" and =/, as to the form of the register4 boo%,
depositing extracts therefrom, allowing searches thereof, and gi:ing copies of the entries
therein, shall, m2tandis, apply to the boo%s 2nder section /!#
85. P(rt VI $ot to (**!6 to Ro'($ C(tho!&), )(9$2 o: &"rt($ '(rr(2").G This $art
of this act, except so m2ch of sections =" and =/ as are referred to in section =+ shall not
apply to marriages between (oman Catholics# -2t nothing herein contained shall
in:alidate any marriage celebrated between (oman Catholics 2nder the pro:isions of $art
in:alidate any marriage celebrated between (oman Catholics 2nder the pro:isions of $art * of
Act 9o# ))* of 1=+, pre:io2s to the twenty4third day of @ebr2ary, 1=>#
PART VII
PENALTIES
88. F(!)" o(th, %"&!(r(to$, $ot&" or &"rt:&(t" :or *ro&>r$2 '(rr(2".G Whoe:er, for
the p2rpose of proc2ring a marriage or license of marriage, intentionally
0a1 where an oath or declaration is reA2ired by this Act, or by any r2le or c2stom
of a Ch2rch according to the rites and ceremonies of which a marriage is
intended to be solemnized, s2ch Ch2rch being the Ch2rch of 6ngland or of
(ome, ma%es a false oath or declaration, or,
0b1 Where a notice or certificate is reA2ired by this Act, signs a false notice or
certificate#
&hall be deemed to ha:e committed the offence p2nishable 2nder section 1./ of
the $a%istan $enal Code with imprisonment of either description for a term which
may extend to three years and, at the discretion of the Co2rt, with fine#
87. For3%%$2, 36 :(!)" *"r)o$(to$, ))>" o: &"rt:&(t" 36 M(rr(2" R"2)tr(r.G
Whoe:er forbids the iss2e, by a Marriage (egistrar, of a certificate, by falsely representing
himself to be a person whose consent to the marriage is reA2ired by law, %nowing or
belie:ing s2ch representation to be false or not ha:ing reason to belie:e it to be tr2e, shall
be deemed g2ilty of the offence described in section "E>of the $a%istan $enal Code#
88. So!"'$4$2 '(rr(2" 7tho>t %>" (>thort6.G Whoe:er, not being a2thorized by
section > of this Act to solemnize marriages, solemnizes or professes to solemnized the
absence of a Marriage (egistrar of the district in which the ceremony ta%es place#
Marriage between persons one or both of whom is or are a Christian or Christians, shall
p2nished with imprisonment which may extend to ten years, 0in lie2 of a sentence of
imprisonment for se:en years or 2pwards1with transportation for a term of not less than
se:en years, and not exceeding ten years, and shall also be liable to fine#
8;. So!"'$4$2 '(rr(2" o>t o: *ro*"r t'", or 7tho>t 7t$"))").G Whoe:er
%nowingly and willf2lly solemnizes a marriage between persons one or both of whom is or are
a Christian or Christians, at any time other than between the ho2rs of six in the morning
and se:en in the e:ening, or in the absence of at least two credible witnesses other
than the person solemnizing the marriage, shall be p2nished with imprisonment for a
term which may extend to three years, and shall also be liable to fine#
&a:ing of marriages solemnized 2nder special license# This section does not apply in
marriages solemnized 2nder special licenses granted by the Anglican -ishop of the
<iocese or by his Commissary, nor to marriages performed between the ho2rs of se:en in the
e:ening and six in the morning by Clergyman of the Ch2rch of (ome, when he has recei:ed
the general or special license in that behalf mentioned in section 1E#
9or does this section apply to marriages solemnized by a Clergyman of the Ch2rch
&cotland according to the r2les, rites, ceremonies and c2stoms of the Ch2rch of &cotland#
7<. So!"'$4$2 7tho>t $ot&" or 7th$ :o>rt""$ %(6) (:t"r $ot&" '(rr(2" 7th '$or.
G Any Minister of (eligion licensed to solemnize marriages 2nder this Act, who, witho2t a
notice in writing, or, when one of the parties to the marriage is a minor and the reA2ired
consent of the parents of g2ardians to s2ch marriage has not been obtain within fo2rteen days
after the receipt by him of notice of s2ch marriage %nowingly and willf2lly solemnizes a
marriage 2nder $art II, shall be p2nished with imprisonment for a term which may extend to
three years, and shall also be liable to fine#
71. I))>$2 &"rt:&(t", or '(rr6$2 7tho>t *>3!&(to$ o: $ot&"D '(rr6$2 (:t"r "#*r6
o: $ot&"E )o!"'$4$2 '(rr(2" 7th '$or 7th$ :o>rt""$ %(6) 7tho>t (>thort6 o:
Co>rt or 7tho>t )"$%$2 &o*6 o: $ot&"D ))>$2 &"rt:&(t" (2($)t (>thor4"% *roh3to$.
G A Marriage (egistrar 2nder this Act, who commits any of the following offences:4
011 %nowingly and willf2lly iss2es any certificate for marriage, or solemnize any
marriage, witho2t p2blishing the notice of s2ch marriage as directed by this Act8
0"1 after the expiration of two months after the copy of the notice has been
entered as reA2ired by section +E in respect of any marriage, solemnizes s2ch marriage#
0/1 &olemnizes, witho2t any order of a competent Co2rt a2thorizing him to do
so, any marriage, when one of the parties is a minor, before the expiration of fo2rteen
days after the receipt of the notice of s2ch marriage, or witho2t sending, by the post or
otherwise, a copy of s2ch marriage, or witho2t sending, by the post or otherwise, a copy of
s2ch notice to the &enior Marriage (egistrar of the district if there be more Marriage
(egistrars of the district than one, and if he himself be not the &enior Marriage
(egistrar8
0+1 Iss2e any certificate the iss2e of which had been prohibited, as in this Act
pro:ided, by any person a2thorized to prohibit the iss2e thereof,
&hall be p2nished with imprisonment for a term, which may extend to fi:e years, and
shall also be liable to fine#
72. I))>$2 &"rt:&(t" (:t"r "#*r6 o: $ot&", or, $ &()" o: '$or 7th$ :o>rt""$ %(6)
(:t"r $ot&", or (2($)t (>thor4"% *roh3to$.G Any Marriage (egistrar %nowingly and
willf2lly iss2ing any certificate for marriage after the expiration of two months after the
notice has been entered by him as aforesaid,
or %nowingly and willf2lly iss2ing, witho2t the order of a competent Co2rt
a2thorizing him so to do, any certificate for marriage, where one of the parties intending
marriage is a minor, before the expiration of fo2rteen days after the entry of s2ch notice, or
any certificate the iss2e of which has been forbidden as aforesaid by any person
a2thorized in his behalf, shall be deemed to ha:e committed an offence 2nder section 1== of
the $a%istan $enal Code#
7+. P"r)o$) (>thor4"% to )o!"'$4" '(rr(2".G 0other than Clergy of Ch2rches of
6ngland, &cotland or (ome18 Iss2ing certificate or marrying, witho2t p2blishing notice, or other
expiry of certificate8 iss2ing certificate for, or solemnizing marriage with minor8 within fo2rteen
days after notice8 iss2ing certificate a2thorizedly forbidden8 solemnizing marriage a2thorizedly
forbidden# Whoe:er, being a2thorized 2nder this Act to solemnize a marriage, and not being a
Clergyman of the Ch2rch of 6ngland, solemnizing a marriage after d2e p2blication of bans, or
2nder a license from the Anglican -ishop of the <iocese or a &2rrogate d2ly a2thorized in that
behalf#
Dr not being a Clergyman of the Ch2rch of &cotland, solemnizing a marriage according
to the r2les, rites, ceremonies and c2stoms of that Ch2rch,
Dr, not being a Clergyman of the Ch2rch of (ome, solemnizing a marriage according to the
rites, r2les, ceremonies and c2stoms of that Ch2rch,
Gnowingly and willf2lly iss2es any certificate for marriage 2nder this Act, or
solemnizes any marriage between s2ch persons as aforesaid, witho2t p2blishing, or
ca2sing to be affixed, the notice of s2ch marriage as directed in $art III of this Act, or after
the expiration of two months after the certificate has been iss2ed by him#
Dr %nowingly and willf2lly iss2es any certificate fro marriage, or solemnizes a
marriage between s2ch persons when one of the persons intending marriage is a minor,
before the expiration of fo2rteen days after the receipt of notice of s2ch marriage, or
witho2t sending, by the post or otherwise, a copy of s2ch notice to the Marriage
(egistrar, or, if there be more Marriage (egistrars than one, to the &enior Marriage
(egistrar of the district8
Dr %nowingly and willf2lly iss2es any certificate the iss2e of which has been
forbidden 2nder this Act, by any person a2thorized forbid the iss2e8
Dr %nowingly and willf2lly solemnizes any marriage forbidden by any person
a2thorized to forbid the same8
&hall be p2nished with imprisonment for a term which may extend to fo2r years and
shall also be liable to fine#
71. =$!&"$)"% *"r)o$ 2r($t$2 &"rt:&(t" *r"t"$%$2 to 3" !&"$)"%.G Whoe:er, not
being licensed to grant a certificate of marriage 2nder $art *I of this Act, grants s2ch
certificate intending thereby to ma%e it appear that he is licensed, shall be p2nished with
imprisonment for a term which may extend to fi:e years, and shall be liable to fine#
Whoe:er, being licensed to grant certificates of marriage 2nder $art *I of this Act,
witho2t 32st ca2se ref2ses, or willf2lly neglects or omits, to perform any of the d2ties imposed
2pon him by that $art shall be p2nished with fine which may extend to one h2ndred
r2pees#
75. 0")tro6$2 or :(!):6$2 r"2)t"r 3oo@).G Whoe:er, by himself or another willf2lly
destroys or in32res any register4boo% or the co2nterfoil certificate thereof, or any part thereof,
or any a2thenticated extract therefrom,
or falsely ma%es or co2nterfeits any part of s2ch register4boo% or co2nterfoil certificates,
or willf2lly inserts any false entry in any s2ch register4boo% or co2nterfoil certificate or
a2thenticated extract,
shall be p2nished with imprisonment for a term which may extend to se:en years, and
shall also be liable to fine#
78. L't(to$ o: *ro)"&>to$) >$%"r th) A&t.G The prosec2tion for e:ery offence
p2nishable 2nder this Act shall be commenced within two years after the offence is committed#
PART VIII
MISCELLANEO=S
77. .h(t '(tt"r) $""% $ot 3" *ro9"% $ r")*"&t o: '(rr(2" $ (&&or%($&" 7th A&t.G
Whene:er any marriage has been solemnized in accordance with the pro:ision of sections
+ and >, it shall not be :oid merely on acco2nt of any irreg2larity in respect of any of the
following matters, namely:4
011 any statement made in regard to the dwelling of the persons married, or to the
consent of any person whose consent to s2ch marriage is reA2ired by law:
0"1 the notice of the marriage#
0/1 The certificate or translation thereof:
0+1 The time and place at which the marriage has been solemnized:
0>1 The registration of the marriage#
78. Corr"&to$ o: "rror).G 6:ery person charged with the d2ty of registering any marriage
who disco:ers any error in the form or s2bstance of any s2ch entry, may , within one month
next after the disco:ery of s2ch error, in the presence of the persons married, correct the
error, by entry in the margin, witho2t any alteration of the original entry, and shall sign the
marginal entry, and add thereto the date of s2ch correction, and s2ch person shall ma%e the
li%e marginal entry in the certificate thereof#
And e:ery entry made 2nder this section shall be attested by the witnesses in whose
presence it was made#
And in case s2ch certificate has been already sent to the (egistrar ;eneral of
-irths, <eaths and Marriages s2ch person shall ma%e and send in li%e manner a separate
certificate of the original erroneo2s entry, and of the marginal correction therein made#
7;. S"(r&h") ($% &o*") o: "$tr").G 6:ery person solemnizing a marriage 2nder this Act,
and hereby reA2ired to register the same, and 6:ery Marriage (egistrar or (egistrar ;eneral of
-irths <eaths and Marriages ha:ing the c2stody for the time being of any register of
marriages or of any certificate, or d2plicate or copies of certificate, 2nder this Act,
shall on payment of the proper fees, at all reasonable times, allow searches to be made
in s2ch register, or for s2ch certificate, or d2plicate, or copies, and gi:e a copy 2nder his hand
of an entry in the same#
8<. C"rt:"% &o*6 o: "$tr6 $ '(rr(2",r"2)t"r, "t&., to 3" "9%"$&".G 6:ery certified
copy, p2rporting to be signed by the person entr2sted 2nder this Act with the c2stody of
any marriage4register or certificate, or d2plicate, reA2ired to be %ept or deli:ered 2nder this
Act, of an entry of a marriage in s2ch register, or of any s2ch certificate or d2plicate shall be
recei:ed as e:idence of the marriage p2rporting to be so entered, or of the facts p2rporting
to be so certified therein, witho2t f2rther proof of s2ch register or certificate or d2plicate, or of
any entry therein, respecti:ely or of s2ch copy#
81. C"rt:&(t") o: &"rt($ '(rr(2") :or C"$tr(! Go9"r$'"$t.G The (egister ;eneral of
-irths, <eaths, and Marriages and the officers appointed 2nder section >= shall, at the
end of e:ery A2arter in each year, select, from the certificates of marriages forwarded to
them, respecti:ely, d2ring s2ch A2arter, the certificates of the marriages of which the
;o:ernment by whom he was appointed may desire that e:idence shall be transmitted to
6ngland, and shall send the same certificate, signed by them respecti:ely, to the Central
;o:ernment#
82. Pro9$&(! Go9"r$'"$t to *r")&r3" :"").G @ees shall be chargeable 2nder this Act
for4 recei:ing and p2blishing notices of marriages8 iss2ing certificates for marriage by
Marriage (egistrars, and registering marriages by the same8
entering protests against, or prohibitions of, the iss2e of certificates for marriage by the
said (egistrars8
searching register4boo%s or certificates, or d2plicates of copies thereof, gi:ing copies of
entries in the same 2nder sections =/ and !.#
The $ro:incial ;o:ernment shall fix the amo2nt of s2ch fees respecti:ely
And may from time to time :ary or remit them either generally or in special cases as it
may seem fit#
8+. Po7"r to '(@" r>!").G The $ro:incial ;o:ernment may ma%e r2les in regard to the
disposal of the fees mentioned in sections ", the s2pply of register4boo%s, and the
preparation and s2bmission of ret2rns of marriages solemnized 2nder this Act#
81. Po7"r to *r")&r3" :"") ($% r>!") :or A&&"%$2 St(t").G The powers conferred on
the $ro:incial ;o:ernment by section " and / shall, so far as regards Acceding &tates,
be exercised by the Central ;o:ernment#
85. Po7"r to %"&!(r" 7ho )h(!! 3" 0)tr&t F>%2".G The $ro:incial ;o:ernment may, by
notification in the official ;azette, declare who shall, in any place to which this Act applies, be
deemed to be the <istrict C2dge#
88. Po7"r) ($% :>$&to$) "#"r&)(3!" () r"2(r%) A&&"%$2 St(t").G 011 The
powers and f2nctions exercisable by the Central ;o:ernment 2nder section =, , ., +!, +,
>= and + shall so far as regards any Acceding &tate which is within the political charge of a
$ro:incial go:ernment be exercisable by that $ro:incial ;o:ernment# The exercise 2nder this
section by any $ro:incial go:ernment of powers and f2nctions 2nder sections =,,. and
>= shall be by notification in the local official ;azette#
0"1 The powers and f2nctions exercisable 2nder this Act by the Central ;o:ernment
may be delegated to and exercised by s2ch officers as it may from time to time appoint in this
behalf#
87. S(9$2 o: &o$)>!(r '(rr(2".G 9othing in this Act applies to any marriage performed
by any Minister, Cons2l or Cons2lar Agent between s2b3ects of the &tate which he represent
and according to the laws of s2ch &tate#
88. No$,9(!%(to$ o: '(rr(2") 7th$ *roh3t"% %"2r"").G 9othing in this Act shall be
deemed to :alidate any marriage, which the personal law applicable to either of the parties
forbids him or her to enter into#