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1The Christian Marriage Act, 1872

( ACT NO. XV OF 1872 )

On what conditions marriages of Native Christians may be certified
60. Every marriage between Native Christians applying for a certificate shall, without the preliminary notice required under Part III, be certified under this Part, if the following conditions be fulfilled, and not otherwise:–
 
 
 
 
(1) the age of the man intending to be married shall exceed sixteen years, and the age of the woman intending to be married shall exceed thirteen years;
 
 
 
 
(2) neither of the persons intending to be married shall have a wife or husband still living;
 
 
 
 
(3) in the presence of a person licensed under section 9, and of at least two credible witnesses other than such person, each of the parties shall say to the other –
 
 
 
 
"I call upon these persons here present to witness that I, A. B., in the presence of Almighty God, and in the name of our Lord Jesus Christ, do take thee, C. D., to be my lawful wedded wife [or husband]" or words to the like effect:
 
 
 
 
Provided that no marriage shall be certified under this Part when either of the parties intending to be married has not completed his or her eighteenth year, unless such consent as is mentioned in section 19 has been given to the intended marriage, or unless it appears that there is no person living authorized to give such consent.
Grant of certificate
61. When, in respect to any marriage solemnized under this Part, the conditions prescribed in section 60 have been fulfiled, the person licensed as aforesaid, in whose presence the said declaration has been made, shall, on the application of either of the parties to such marriage, and on the payment of a fee of four annas, grant a certificate of the marriage.
 
 
The certificate shall be signed by such licensed person, and shall be received in any suit touching the validity of such marriage as conclusive proof of its having been performed.
Keeping of register-book and deposit of extracts therefrom with Registrar General
62. (1) Every person licensed under section 9 shall keep in English, or in the 2[Bangla language], and in such form as the Government, by which he was licensed may from time to time prescribe, a register-book of all marriages solemnized under this Part in his presence, and shall deposit in the office of the Registrar General of Births, Deaths and Marriages for the territories under the administration of the said Government in such form and at such intervals as that Government may prescribe, true and duly authenticated extracts form his register-book of all entries made therein since the last of those intervals.
 
 
 
 
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Searches in register-book and copies of entries
63. Every person licensed under this Act to grant certificates of marriage, and keeping a marriage-register-book under section 62, shall, at all reasonable times, allow search to be made in such book, and shall, on payment of the proper fee, give a copy, certified under his hand, of an entry therein.
Books in which marriages of Native Christians under Part I or Part III are registered
64. The provisions of sections 62 and 63, as to form of the register-book, depositing extracts therefrom, allowing searches thereof, and giving copies of the entries therein, shall, mutatis mutandis, apply to the books kept under section 37.
Part VI not to apply to Roman Catholics Saving of certain marriages
65. 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 nothing herein contained shall invalidate any marriage celebrated between Roman Catholics under the provisions of Part V of Act No. XXV of 1864, previous to the twenty-third day of February, 1865.
 
 

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Ministry of Law, Justice and Parliamentary Affairs