Short title Extent
This Act may be called the Indian Christian Marriage Act, 1872.1[It extends to the whole of India 2[except 3[the territories which, immediately before the 1s...
|2||Enactments repealed -Repealed by the Repealing Act, 1938s|
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 ...
Marriages to be solemnized according to Act
Every marriage between persons, one or both of whom is 11[or are] a Christian or Christians, shall be solemnized in accordance with the provisions of the next...
Persons by whom marriages may be solemnized
Marriages may be solemnized in 12[India]- (1) by any person who has received Episcopal ordination, provided that the marriage be solemnized according to the ...
Grant and revocation of licenses to solemnize marriages
The State Government, so far as regards the territories under its administration, 15[***] may, by notification in the Official Gazette 16[***], grant licenses...
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 ...
|Senior Marriage Registrars|
|Magistrate when to be Marriage Registrar|
Marriage Registrars in Indian States- Repealed by the A.O. 1950
Licensing of persons to grant certificates of marriage between Indian Christians
The State Government 18[***] may grant a license to any Christian, either by name or as holding any office for the time being, authorizing him to grant certif...
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 :that nothing in this section shall apply ...
Place for solemnizing marriage
No Clergyman of the Church of England shall solemnize a marriage in any place other than a church 20[where worship is generally held according to the forms of...
|Fee for special license|
|Part III||Marriages Solemnized By Ministers Of Religion Licensed Under This Act|
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 marri...
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...
|Return or transfer of notice|
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, sha...
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 return...
Procedure on receipt of notice
The Marriage Registrar or Senior Marriage Registrar, as he case may be, on receiving any such notice, shall affix it to some conspicuous place in his own offi...
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 ...
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...
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 moth...
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 he certificate by any Minister, at any ti...
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 m...
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 consent of the person whose consent to suc...
Issue of certificates to Indian Christians.
When any 13[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 ...
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....
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 t...
Certificate void if marriage not solemnized within two months
Whenever a marriage is not solemnized within two months after the date of the certificate issued by such Minister as aforesaid, such certificate and all pro...
|Part IV||Registration Of Marriages Solemnized By Ministers Of Religion|
Marriages when to be registered
All marriages hereafter solemnized in 12[India] between persons one or both of whom professes or profess the Christian religion, except marriages solemnized ...
Registration of marriages solemnized by Clergymen of Church of England
Every Clergyman of the Church of England shall keep a register of marriages and shall register therein, according to the tabular form set forth in the Third S...
Quarterly returns to Archdeaconry
Every Clergyman of the Church of England shall send four times in every year returns in duplicate, authenticated by his signature, of the entries in the regis...
|Contents of returns|
Registration and returns of marriages solemnized by Clergymen of Church of Rome
Every marriage solemnized by a Clergyman of the Church of Rome shall be registered by the person and according to the form directed in that behalf by the Roma...
Registration and returns of marriages solemnized by Clergymen of Church of Scotland
Every Clergyman of the Church of Scotland shall keep a register of marriages, and shall register therein, according to the tabular form set forth in the Third...
Certain marriages to be registered in duplicate
Every marriage solemnized by any person who has received Episcopal ordination, but who is not a Clergyman of the Church of England, or of the Church of Rome, ...
Entries of such marriages to be signed and attested
The entry of such marriage in both the certificate and marriage-register-book shall be signed by the person solemnizing the marriage, and also by the persons ...
Certificate to be forwarded to Marriage Registrar, copied, and sent to Registrar General
The person solemnizing the marriage shall forthwith separate the certificate from the marriage-register-book and send it, within one month from the time of th...
Copies of certificates to be entered and numbered
Such copies shall be entered in order from the beginning to the end of the said book, and shall bear both the number of the certificate as copied, and also a ...
Registrar to add number of entry to certificate, and send to Registrar General
The Marriage Registrar shall also add such last-mentioned number of the entry of the copy in the book to the certificate, with his signature or initials, and ...
Registration of marriages between Indian Christians, by persons referred to in clauses (1), (2) and (3) of section 5.
When any marriage between 13[Indian] Christians is solemnized 24[by any such person, Clergyman or Minister of Religion as is referred to in clause (1), claus...
|Custody and disposal of register-book|
|Part V||Marriages Solemnized By, Or In The Presence Of, A Marriage Registrar|
Notice of intended marriage before Marriage Registrar
When a marriage is intended to be solemnized by, or in the presence of, a Marriage Registrar, one of the parties to such marriage shall give notice in writing...
Publication of notice
Every Marriage Registrar shall, on receiving any such notice, cause a coy thereof to be affixed in some conspicuous place in his office. When one of the part...
Notice to be filed and copy entered in Marriage Notice Book
The Marriage Registrar shall file all such notices and keep them with the records of his office, and shall also forthwith enter a true copy of all such notice...
Certificate of notice given and oath made
If the party by whom the notice was given requests the Marriage Registrar to issue the certificate next hereinafter mentioned, and if one of the parties inten...
Oath before issue of certificate
The certificate mentioned in section 41 shall not be issued by any Marriage Registrar, until one of the parties intending marriage appears personally before s...
Petition to High Court to order certificate in less than fourteen days
When one of the parties intending marriage is a minor, and both such parties are at the time resident in any of the towns of Calcutta, Madras and Bombay, and ...
|Order on petition|
Consent of father or guardian
The provisions of section 19 apply to every marriage under this Part, either of the parties to which is a minor ;And any person whose consent to such marriag...
|Protest against issue of certificate|
|Effect of protest|
Petition where person whose consent is necessary is insane, or unjustly withholds consent
If any person whose consent is necessary to any marriage under this Part is of unsound mind, or if any such person (other than the father) without just cause ...
|Procedure on petition|
Petition when Marriage Registrar refuses certificate
Whenever a Marriage Registrar refuses to issue a certificate under this Part, either of the parties intending marriage may apply by petition, where the distri...
|Procedure on petition|
|47||Petition when Marriage Registrar in Indian State refuses certificate- Repealed by the A.O. 1950|
Petition when Registrar doubts authority of person forbidding
Whenever a Marriage Registrar, acting under the provisions of section 44, is not satisfied that the person forbidding the issue of the certificate is authoriz...
|Procedure on petition|
Liability for frivolous protest against issue of certificate
Every person entering a protest with the Marriage Registrar, under this Part, against the issue of any certificate, on grounds which such Marriage Registrar, ...
Form of certificate
The certificate to be issued by the Marriage Registrar under the provisions of section 41 shall be in the form contained in the Second Schedule to this Act an...
Solemnization of marriage after issue of certificate
After the issue of the certificate of the Marriage Registrar, or, where notice is required to be given under this Act to the Marriage Registrars for different...
When marriage not had within two months after notice, new notice required
Whenever a marriage is not solemnized within two months after the copy of the notice has been entered by the Marriage Registrar, as required by section 40, th...
Marriage Registrar may ask for particulars to be registered
A Marriage Registrar before whom any marriage is solemnized under this Part may ask of the persons to be married the several particulars required to be regist...
Registration of marriage solemnized under Part V
After the solemnization of any marriage under this Part, the Marriage Registrar present at such solemnization shall forthwith register the marriage in duplica...
Certificates to be sent monthly to Registrar General
The Marriage Registrar shall forthwith separate the certificate from the marriage-register-book and sent it, at the end of every month, to the 22[Registrar Ge...
|Custody of register-book|
|56||Officers to whom Registrars in Indian States shall send certificates- Repealed by the A.O. 1950|
Registrars to ascertain that notice and certificate are understood by Indian Christians
When any 13[Indian] Christian about to be married gives a notice of marriage, or applies for a certificate from a Marriage Registrar, such Marriage Registrar ...
Indian Christians to be made to understand declarations
When any 13[Indian] Christian is married under the provisions of this Part, the person solemnizing the marriage shall ascertain whether such 13[Indian] Christ...
Registration of marriages between Indian Christians
The registration of marriages between 13[Indian] Christians under this Part shall be made in conformity with the rules laid down in section 37 9so far as they...
|Part VI||Marriage Of [Indian] Christians|
On what conditions marriages of Indian Christians may be certified
Every marriage between 13[Indian] Christians applying for a certificate, shall, without the preliminary notice required under Part III, be certified under thi...
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...
Keeping of register-book and deposit of extracts there from 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 ...
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,...
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 there from, allowing searches thereof, and giving copies of the...
Part VI not to apply to Roman Catholics. Saving of certain marriages
This Part of this Act, except so much of sections 62 and 63 as are referred to in section 64, shall not apply to marriages between Roman Catholics. But nothin...
False oath, declaration, notice or certificate for procuring marriage
Whoever, for the purpose of procuring a marriage or license of marriage, intentionally,- (a) where an oath or declaration is required by this Act, or by any r...
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...
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...
Solemnizing marriage out of proper time, or without witnesses
69. Solemnizing marriage out of proper time, or without witnesses Whoever knowingly and willfully solemnizes a marriage between persons, one or both of whom i...
|Saving of marriages solemnized under special license|
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 m...
Issuing certificate, or marrying, without publication of notice
A Marriage Registrar under this Act who commits any of the following offences :- (1) knowingly and willfully issues any certificate for marriage, or solemnize...
|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|
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 willfully issuing any certificate for marriage after the expiration of 40[two months] after the notice has been entered b...
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 publicat...
|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 forbidden|
|Solemnizing marriage authorizedly forbidden|
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 ...
Destroying or falsifying register-books
Whoever, by himself or another, willfully destroys or injures any register book or the counterfoil certificates thereof, or any part thereof, or any authentic...
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....
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...
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 ...
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 42[Registrar General of Births,...
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, r...
Certificates of certain marriages to be sent to Central Government
The Registrar General of Births, Deaths and Marriages 44[***] shall, at the end of every quarter in each year, select, from the certificates of marriages forw...
State Government to prescribe fees
Fees shall be chargeable under this Act for- receiving and publishing notice of marriages; issuing 49[certificates for marriage] by Marriage Registrars, and ...
Power to make rules
51[(1) The State Government 52[may by notification in the Official Gazette make rules] in regard to the disposal of the fees mentioned, in section 82, the sup...
|84||Power to prescribe fees and rules for Indian States- Repealed by the A.O. 1950|
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 the District Judge....
|86||Powers and functions exercisable as regards Indian States- Repealed by the A.O. 1950|
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 accordi...
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....
Notice Of Marriage
(See sections 12 and 38)Toa Minister [or Registrar] of I hereby give you notice that a marriage is intended to be had, within three calendar months from ...
1 Substituted by A.O. 1950.The Act has been extended to and brought into force in Dadra and Nagar Haveli, w.e.f.1st. July, 1965 by Reg. 6 of 1963, section 2 ...