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1 THE CHRISTIAN MARRIAGE ACT, 1872

(ACT NO. XV OF 1872).
  Part No : Chapter No : Section No: [ 18th July, 1872  
  
     2 An Act to consolidate and amend the law relating to the solemnization of the marriages of Christians.
 
Preamble
    WHEREAS it is expedient to consolidate and amend the law relating to the solemnization of the marriages of persons professing the Christian religion; It is hereby enacted as follows:-
 
CONTENTS
 
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 [Repealed]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 marriage
7. Marriage Registrars
Senior Marriage Registrar
Magistrate when to be Marriage Registrar
8. [Omitted]
9. Licensing of persons to grant certificates of marriage between Native 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
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 Native 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 Native 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
42. Oath before issue of certificate
43. [Omitted]
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 where Marriage Registrar refuses certificate. Procedure on petition
47. [Omitted]
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 marriage solemnized under Part V
55. Certificates to be sent monthly to Registrar General.
Custody of register-book
56. [Omitted]
57. Registrars to ascertain that notice and certificate are understood by Native Christians
58. Native Christians to be made to understand declarations
59. Registration of marriages between Native Christians
PART VI
MARRIAGE OF NATIVE CHRISTIANS
60. On what conditions marriages of Native Christians may be certified
61. Grant of certificate
62. Keeping of register-book and deposit of extracts therefrom with Registrar General
63. Searches in register-book and copies of entries
64. Books in which marriages of Native 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 license
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 cert
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
MISCELLANEOUS
77. What matters need not be proved in respect of marriage in accordance with Act
78. Correction of errors
79. Searches and copies of entries
80. Certified copy of entry in marriage-register, etc., to be evidence
81. Certificates of certain marriages for Government
82. Government to prescribe fees
83. Power to make rules
84. [Omitted]
85. Power to declare who shall be District Judge
86. [Omitted]
87. Saving of Consular marriages
88. Non-validation of marriages within prohibited degrees
SCHEDULE
 
 

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