THE INDIAN CHRISTIAN MARRIAGE ACT, 1872

THE INDIAN CHRISTIAN MARRIAGE ACT, 1872

[Act 15 of 1872]

Arrangement of Sections

Sections

PRELIMINARY

1. Short title, extent

2. [Repealed.]

3. Interpretation-clause

PART I

THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED

4. Marriages to be solemnized according to Act

5. Persons by whom marriages may be solemnized

6. Grant and revocation of licenses to solemnize marriages

7. Marriage Registrars

Senior Marriage Registrar

Magistrate when to be Marriage Registrar

8. [Repealed.]

9. Licensing of persons to grant certificates of marriage between Indian Christians

PART II

TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED

10. Time for solemnizing marriage Exceptions

11. Place for solemnizing marriage Fee for special license

PART III

MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LICENSED UNDER THIS ACT

12. Notice of intended marriage

13. Publication of such notice Return or transfer of notice

14. Notice of intended marriage in private dwelling

15. Sending copy of notice to Marriage Registrar when one party is a minor

16. Procedure on receipt of notice

17. Issue of certificate of notice given and declaration made Proviso

18. Declaration before issue of certificate

19. Consent of father, or guardian, or mother

20. Power to prohibit by notice issue of certificate

21. Procedure on receipt of notice

22. Issue of certificate in case of minority

23. Issue of certificates to Indian Christians

24. Form of certificate

25. Solemnization of marriage

26. Certificate void if marriage not solemnized within two months

PART IV

REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION

27. Marriages when to be registered

28. Registration of marriages solemnized by Clergymen of Church of England

29. Quarterly returns to Archdeaconry Contents of returns

30. Registration and returns of marriages solemnized by Clergymen of church of Rome

31. Registration and returns of marriages solemnized by Clergymen of church of Scotland

32. Certain marriages to be registered in duplicate

33. Entries of such marriages to be signed and attested

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

35. Copies of certificates to be entered and numbered

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

37. Registration of marriages between Indian Christians, by persons referred to in clauses (1), (2) and (3) of Section 5

Custody and disposal of register-book

PART V

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

38. Notice of intended marriage before Marriage Registrar

39. Publication of notice

40. Notice to be filed and copy entered in Marriage Notice Book

41. Certificate of notice given and oath made Proviso

42. Oath before issue of certificate

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

Order on petition

44. Consent of father or guardian

Protest against issue of certificate Effect of protest

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

Procedure on petition

46. Petition when Marriage Registrar refuses certificate Procedure on petition

47. [Repealed.]

48. Petition when Registrar doubts authority of person forbidding

Procedure on petition

49. Liability for frivolous protest against issue of certificate

50. Form of certificate

51. Solemnization of marriage after issue of certificate

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

53. Marriage Registrar may ask for particulars to be registered

54. Registration of marriages solemnized under Part V

55. Certificates to be sent monthly to Registrar General Custody of register-book

56. [Repealed.]

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

Christians

58. Indian Christians to be made to understand declarations.

59. Registration of marriages between Indian Christians

PART VI

MARRIAGE OF INDIAN CHRISTIANS

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

61. Grant of certificate

62. Keeping of register-book and deposit of extracts there from with Registrar

General

63. Searches in register-book and copies of entries

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

registered

65. Part VI not to apply to Roman Catholics, Saving of certain marriages

PART VII

PENALTIES

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

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

68. Solemnizing marriage without due authority

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

Saving of marriages solemnized under special licence

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

71. Issuing certificate, or marrying, without publication of notice

Marrying after expiry of notice

Solemnizing marriage with minor within fourteen days, without authority of Court, or

without sending copy of notice

Issuing certificate against authorized prohibition

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

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

Issuing certificate, or marrying, without publishing notice, or after expiry of certificate

Issuing certificate for, or solemnizing, marriage with minor, within fourteen days after

Notice

Issuing certificate authorizedly forbidden

Solemnizing marriage authorizedly forbidden

74. Unlicensed person granting certificate pretending to be licensed

75. Destroying or falsifying register-books

76. Limitation of prosecutions under Act

PART VIII

MESCELLANEOUS

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

78. Corrections errors

79. Searches and copies of entries

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

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

82. State Government to prescribe fees

83. Power to make rules

84. [Repealed.]

85. Power to declare who shall be District Judge

86. [Repealed.]

87. Saving of Consular marriages

88. Non-validation of marriages within prohibited degrees

SCHEDULE I. --- NOTICE OF MARRIAGE

SCHEDULE II. --- CERTIFICATE OF RECEIPT OF NOTICE

SCHEDULE III --- FORM OF REGISTER OF MARRIAGES

SCHEDULE IV --- MARRIAGE REGISTER BOOK CERTIFICATE OF MARRIAGE

SCHEDULE V --- [Repealed.]

APPENDIX.- Indian Christian Marriage (Extension of Transferred Territory) Act, 1995 [T.N.Act

27 of 1995].

THE INDIAN CHRISTIAN MARRIAGE ACT, 1872

[Act 15 of 1872]

An Act to consolidate and amend the law relating to the solemnization in India of the marriages of Christians.

Preamble.- Whereas it is expedient to consolidate and amend the law relating to the solemnization in India of the marriages of persons professing the Christian religion; it is hereby enacted as follows.-

Statement of Objects and Reasons

“The law relating to solemnization in India of marriages of persons professing the Christian religion is at present distributed over two English Acts of Parliament and three Acts of the Indian legislature.

The objects of this Bill is to reduce into a smaller compass and simplify the existing law on this subject by the consolidation of the different enactments referred to, and at the same time to amend the law in those matters in which it has been shown to be defective.

For example, by Act V of 1865 it is provided that marriages between Native Christians shall be valid where the ages of the contracting parties are not less than sixteen and thirteen years, respectively, and where they do not stand in relation to each other within the prohibited degrees of consanguinity or affinity.

It has been very forcibly represented by the President and several members of the Bengal Christian Association that this provision of the law works injuriously by freeing the children of Native Christian parents from the control which all other parents can legally exercise over their sons and daughters are the latter have attained their majority.

The Bill requires the consent of the parents or guardians of Native Christians to a marriage between them, where the age of either of the p[arties about to contract such marriage is less than eighteen years, except in cases in which the minors have been altogether separated from their parents or natural guardians, and by reason of such separation are not properly subject to their control.

There is also some ambiguity in regard to the provisions of the law respecting the submission of return, and the disposal of the records of the registration of marriages solemnized between Native Christians.

The Bill lays down distinctly how such marriages are to be recorded in all cases, and provides for the disposal of the record. It also substitutes for the fixed rates of fees in respect of marriages solemnized by or before Marriage Registrars, a power to the Local Government to regulate such fees and their remission; and lastly, extends the Marriage law to all places within the territories of Native Princes in alliance with Her Majesty, in respect of marriages between British subjects professing the Christian religion.” [Gazette of India, 1871, Part V, Page 473].

PRELIMINARY

1. Short title, extent.- This Act may be called the Indian Christian Marriage Act, 1872.

Extent.- [It extends to the whole of India [except [the territories which, immediately before the 1^st November, 1956, were comprised in the States] of Travancore-Cochin, Manipur and Jammu Kashmir.]]

Note.- See also Indian Christian Marriage (Extention to Transferred Territory) Act, 1995, Tamil Nadu Act 27 of 1995, in Appendix at the end.

State Amendments-[Pondicherry]. – In Section I add the following: Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry- [Act 26 of 1968, S.3.]

Meghalaya.- For the second para of Section I Substitute:

“It extends to the whole of Meghalaya”- Meghalaya A.L.O. (No.3), 1973.

2. Enactments Repealed.- [ Rep. by the Repealing Act, 1938 ( 1 of 19380, S. 2 and Sche., Pt.1.]

3. Interpretation-clause.- In this Act unless there is something repugnant in the subject or context,-

“Church of England” and “Anglican” mean and apply to the Church of England as by law established;

“Church of Sctoland” means the Church of Scotland as by law established;

“Church of Rome” and “Roman Catholic” means; and apply to the Church which regards the Pope of Rome as its spiritual head;

“Church” includes any chapel or other building generally used for public Christian worship;

“India” means the territories to which this Act extends;

“minor” means a person who has not completed the age of twenty-one years and who is not a widower or a widow;

the expression “Christian” means persons professing the Christian religion; and the expression “Indian Christians” includes the Christian descendants of natives of India converted to Christianity, as well as such converts;

“Registrar General of Births, Deaths and Marriages” means a Registrar General Births, Deaths and Marriages appointed under the Births Deaths and Marriages Registration Act, 1886 (6 of 1886).

It has been extended to Union territory of Pondicherry by the Pondicherry (Extension of Laws) Act, 1968 (26 of 1968) subject to the following proviso:

“Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.”

State Amendments- [Karnataka}. For the definition of “Registrar General of Births, Deaths and Marriages”, substitute the following:

“Registrar-General of Births, Deaths and Marriages means “the Registrar-General of Births, Deaths and Marriages appointed under the Mysore Registrar-General of Births, Deaths and Marriages Act, 1956,”-Mysore Act 20 of 1956, Section 10 (29.10.1956) r/w Act 31 of 1973, Section 5 (1.11.1973).

PART I

THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED

4. Marriages to solemnized according to Act.- Every marriage between persons, one or both of whom is or are a Christian or Christians, shall be solemnized in accordance with the provisions of the next following section; and any such marriage solemnized otherwise than in accordance with such provisions shall be void.

5. Persons by whom marriages may be solemnized.- Marriages may be solemnized in India-

(1) by any person who has received episcopal ordination, provided that the marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of which he is a Minister;

(2) by any Clergyman of the Church of Scotland, provided that such marriage be solemnized according to the rules, rites ceremonies and customs of the Church of Scotland;

(3) by any Minister of Religion licensed under this Act to solemnize marriages;

(4) by, or in the presence of, a Marriage Registrar appointed under this Act;

(5) by any person licensed under this Act to grant certificates of marriage between Indian Christians.

6. Grant and revocation of licences to solemnize marriages.- The State Government, so far as regards the territories under its administration, may, by notification in the Official Gazette, grant licences to Ministers of Religion to solemnize marriages within such territories and may, by a like notification, revoke such licences.

7. Marriage Registrars.- The State Government may appoint one or more Christians, either by name or as holding any office for the time being to be the Marriage Registrar or Marriage Registrars for any district subject to its administration.

Senior Marriage Registrar.- Where there are more Marriage Registrars than one in any district, the State Government shall appoint one of them to be the Senior Marriage Registrar.

Magistrate when to be Marriage Registrar.- When there is only one Marriage Registrar in a district, and such Registrar is absent from such district, or ill, or when his office is temporarily vacant, the Magistrate of the district shall act as, and be, Marriage Registrar thereof during such absence, illness, or temporary vacancy.

State Amendments-[Karnataka].- Substitute the words “District Magistrate” for the words “Magistrate of the district”.- Mysore Act 13 of 1965, Section 66 and Schedule (1.10.1965) r/w Act 31 of 1973, Section 5 (1.11.1973).

8. Marriage Registrars in Indian States.- [Rep.by the A.O.1950.]

9. Licensing of persons to grant certificates of marriage between Indian Christians.- The State Government may grant a licence to any Christian, either by name or as holding any office for the time being, authorizing him to grant certificates of marriage between Indian Christians.

Any such licence may be revoked by the authority by which it was granted, and every such grant or revocation shall be notified in the Official Gazette.

PART II

TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED

10. Time for solemnizing marriage.- Every marriage under this Act shall be solemnized between the hours of six in the morning and seven in the evening:

Exceptions.- Provide that nothing in this section shall apply to-

(1) a Clergyman of the Church of England solemnizing a marriage under a special licence permitting him to do so at any hour other than between six in the morning and seven in the evening under the hand and seal of the Anglican Bishop of the Diocese or his Commissary, or

(2) a Clergyman of the Church of Rome solemnizing a marriage between the hours of seven in the evening and six in the morning, when he has received a general or special licence in that behalf from the Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is so solemnized, or from, such person as the same Bishop has authorized to grant such licence, or

(3) a Clergyman of the Church of Scotland solemnizing a marriage according to the rules, rites, ceremonies and customs of the Church of Scotland.

11. Place for solemnizing marriage.- No Clergyman of the Church of England shall solemnize a marriage in any place other than a church where worship is generally held according to the forms of the Church of England.

Unless there is no such church within five miles distance by the shortest road from such place, or

Unless he has received a special licence authorizing him to do so under the hand and seal of the Anglican Bishop of the Diocese or his Commissary.

Fee for special licence.- For such special licence, the Registrar of the Diocese may charge such additional fee as the said Bishop from time to time authorizes.

PART III

MARRIAGES SOLEMNIZED BY MINITERS OF RELIGION

LICENSED UNDER THIS ACT

12. Notice of intended marriage.- Whenever a marriage is intended to be solemnized by a Minister of Religion licensed to solemnize marriages under this Act-

one of the persons intending marriage shall give notice in writing, according to the form contained in the First Scheduled hereto annexed, or to the like effect, to the Minister of Religion whom he or she desires to solemnize the marriage, and shall state therein-

(a) the name and surname, and the profession or condition, of each of the persons intending marriage;

(b) the dwelling-place of each of them;

(d) the church or private dwelling in which the marriage is to be solemnized:

Provided that, if either of such persons has dwelt in the place mentioned in the notice during more than one month, it may be stated therein that he or she has dwelt there one month and upwards.

13. Publication of such notice.- If the persons intending marriage desire it to be solemnized in a particular church, and if the Minister of Religion to whom such notice has been delivered be entitled to officiate therein, he shall cause the notice to be affixed in some conspicuous part of such church.

Return or transfer of notice.- But if he is not entitled to officiate as a Minister in such church, he shall, at his option, either return the notice to the person who delivered it to him, or deliver it to some other Minister entitled to officiate therein, who shall thereupon cause the notice to be affixed as aforesaid.

14.Notice of intended marriage in private dwelling.- If it be intended that the marriage shall be solemnized in a private dwelling, the Minister of Religion, on receiving the notice prescribed in Section 12, shall forward it to the Marriage Registrar of the district, who shall affix the same to some conspicuous place in his own office.

15. Sending copy of notice to Marriage Registrar when one party is a minor.- When one of the persons intending marriage is a minor, every Minister receiving such notice shall, unless within twenty-four hours after its receipt he returns the same under the provisions of Section 13, send by the post or otherwise a copy of such notice to the Marriage Registrar of the district, or, if there be more than one Registrar of such district, to the Senior Marriage Registrar.

16. Procedure on receipt of notice.- The Marriage Registrar or Senior Marriage Registrar as the case may be, on receiving any such notice, shall affix it to some conspicuous place in his own office, and the latter shall further cause a copy of the said notice to be sent to each of the other Marriage Registrars in the same district, who shall likewise publish the same in the manner above directed.

17. Issue of certificate of notice given and declaration made.- Any Minister of Religion consenting or intending to solemnize any such marriage as aforesaid, shall on being required so to do by or on behalf of the person by whom the notice was given, and upon one of the persons intending marriage making the declaration hereinafter required, issue under his hand a certificate of such notice having been given and of such declaration having been made:

Proviso.- Provided-

(1) that no such certificate shall be issued until the expiration of four days after the date of the receipt of the notice by such Minister;

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

(3) that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any person authorized in that behalf.

1. Declaration before issue of certificate.- The certificate mentioned in Section 17 shall not be issued until one of the persons intending marriage has appeared personally before the Minister and made a solemn declaration,-

(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, when either or both of the p[arties is or are a minor or minors,

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

2. Consent of father or guardian, or mother.- The father, if living, of any minor, or, if the father be dead, the guardian of the person of such minor, and, in case there be no such guardian, then the mother of such minor, may give consent to the minor’s marriage,

And such consent is hereby required for the same marriage, unless no person authorized to give such consent by resident in India.

3. Power to prohibit by notice issue of certificate.- Every person whose consent to a marriage is required under Section 19, is hereby authorized to prohibit the issue of the certificate by any Minister, at any time before the issue of the same, by notice in writing to such Minister, subscribed by the person so authorized 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 authorized as aforesaid.

4. Procedure on receipt of notice.- If any such notice be received by such Minister, he shall not issue his certificate and shall not solemnize the said marriage until he has examined into the matter of the said prohibition, and is satisfied that the person prohibiting the marriage has no lawful authority for such prohibition, or until the said notice is withdrawn by the person who gave it.

5. Issue of certificate in case of minority.- 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 such marriage is required by Section 19 has been obtained, such Minister shall not issue such certificate until the expiration of fourteen days after the receipt by him of the notice of marriage.

6. Issue of certificate to Indian Christians.- When any Indian Christian about to be married takes a notice of marriage to a Minister of Religion or applies for a certificate from such Minister under Section 17, such Minister shall, before issuing the certificate, ascertain whether such Indian Christian is cognizant of the purport and effect of the said notice or certificate, as the case may be, and, if not, shall translate or cause to be translated the notice or certificate to such Indian Christian into some language which he understands.

7. Form of Certificate.- The certificate to be issued by such Minister shall be in the form contained in the Second Schedule hereto annexed, or to the like effect.

8. Solemnization of marriage.- After the issue of the certificate by the Minister, marriage may be solemnized between the persons therein described according to such form or ceremony as the Minister thinks fit to adopt:

Provided that the marriage to solemnized in the presence of at least two witnesses besides the Minister.

9. Certificate void if marria