Vidhi Codex

The Indian Christian Marriage Act

The Indian Christian Marriage Act

Civil187289 sections8 chapters

The Indian Christian Marriage Act, 1872 provides the legal framework for solemnizing and registering Christian marriages across India. It applies to all marriages where at least one party professes the Christian religion, covering various denominations such as Anglican, Roman Catholic, and Presbyterian, as well as civil ceremonies conducted by licensed ministers or Marriage Registrars. The statute outlines procedural requirements, including written notices, parental consent for minors, witness requirements, and proper record-keeping. This act matters because it secures the legal validity and official registration of marriages, protecting spousal rights and preventing unlawful or fraudulent unions through strict enforcement and penalties.

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Part I THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED

  1. 6Grant and revocation of licenses to solemnize marriages
  2. 7Marriage Registrars
  3. 8Marriage Registrars in Indian States
  4. 9Licensing of persons to grant certificates of marriage between Indian Christians

Part II TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED

  1. 10Time for solemnizing marriage
  2. 11Place for solemnizing marriage

Part III MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LICENSED UNDER THIS ACT

  1. 12Notice of intended marriage
  2. 13Publication of such notice
  3. 14Notice of intended marriage in private dwelling
  4. 15Sending copy of notice to Marriage Registrar when one party is a minor
  5. 16Procedure on receipt of notice
  6. 17Issue of certificate of notice given and declaration made
  7. 18Declaration before issue of certificate
  8. 19Consent of father, or guardian, or mother
  9. 20Power to prohibit by notice issue of certificate
  10. 21Procedure on receipt of notice
  11. 22Issue of certificate in case of minority
  12. 23Issue of certificates to Indian Christians
  13. 24Form of certificate
  14. 25Solemnization of marriage
  15. 26Certificate void if marriage not solemnized within two months

Part IV REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION

  1. 27Marriages when to be registered
  2. 28Registration of marriages solemnized by Clergymen of Church of England
  3. 29Quarterly returns to Archdeaconry
  4. 30Registration and returns of marriages solemnized by Clergymen of Church of Rome
  5. 31Registration and returns of marriages solemnized by Clergymen of Church of Scotland
  6. 32Certain marriages to be registered in duplicate
  7. 33Entries of such marriages to be signed and attested
  8. 34Certificate to be forwarded to Marriage Registrar, copied and sent to Registrar General
  9. 35Copies of certificates to be entered and numbered
  10. 36Registrar to add number of entry to certificate, and send to Registrar General
  11. 37Registration of marriages between Indian Christians, by persons referred to in clauses (1), (2) and (3) of section 5

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

  1. 38Notice of intended marriage before Marriage Registrar
  2. 39Publication of notice
  3. 40Notice to be filed and copy entered in Marriage Notice Book
  4. 41Certificate of notice given and oath made
  5. 42Oath before issue of certificate
  6. 43Petition to High Court to order certificate in less than fourteen days
  7. 44Consent of father or guardian
  8. 45Petition where person whose consent is necessary is insane, or unjustly withholds consent
  9. 46Petition when Marriage Registrar refuses certificate
  10. 48Petition when Registrar doubts authority of person forbidding.
  11. 49Liability for frivolous protest against issue of certificate.
  12. 50Form of certificate.
  13. 51Solemnization of marriage after issue of certificate.
  14. 52When marriage not had within two months after notice, new notice required.
  15. 53Marriage Registrar may ask for particulars to be registered.
  16. 54Registration of marriages solemnized under part V.
  17. 55Certificates to be sent monthly to Registrar General.
  18. 57Registrars to ascertain that notice and certificate are understood by Indian Christians.
  19. 58Indian Christians to be made to understand declarations.
  20. 59Registration of marriages between Indian Christians

Part VI MARRIAGE OF

  1. 60On what conditions marriages of Indian Christians may be certified
  2. 61Grant of certificate
  3. 62Keeping of register-book and deposit of extracts therefrom with Registrar General
  4. 63Searches in register book and copies of entries
  5. 64Books in which marriages of Indian Christians under Part I or Part III are registered
  6. 65Part VI not to apply to Roman Catholics. Saving of certain marriages

Part VII PENALTIES

  1. 66False oath, declaration, notice or certificate for procuring marriage
  2. 67Forbidding, by false personation issue of certificate by Marriage Registrar
  3. 68Solemnizing marriage without due authority
  4. 69Solemnizing marriage out of proper time, or without witnesses. Saving of marriages solemnized under special licence
  5. 70Solemnizing without notice or within fourteen days after notice, marriage with minor
  6. 71Issuing certificate, or marrying, without publication of notice
  7. 72Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after notice, or against authorized prohibition
  8. 73Persons authorized to solemnize marriage (other than Clergy of Churches of England, Scotland or Rome)
  9. 74Unlicensed person granting certificate pretending to be licensed
  10. 75Destroying or falsifying register-books
  11. 76Limitation of prosecutions under Act

Part VIII MISCELLANEOUS

  1. 77What matters need not be proved in respect of marriage in accordance with Act
  2. 78Corrections of errors
  3. 79Searches and copies of entries
  4. 80Certified copy of entry in marriage-register, etc., to be evidence
  5. 81Certificates of certain marriages to be sent to Central Government
  6. 82State Government to prescribe fees
  7. 83Power to make rules
  8. 85Power to declare who shall be District Judge
  9. 87Saving of Consular marriages
  10. 88Non-validation of marriages within prohibited degrees

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