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THE INDIAN CHRISTIAN MARRIAGE ACT, 1872

Title : THE INDIAN CHRISTIAN MARRIAGE ACT, 1872

Year : 1872



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 Schedule 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,

(c) The time during which each has dwelt there, and

(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.



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.



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.



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.



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.



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:

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.



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 parties is or are a minor or minors,

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



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



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.



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.



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.



When any 1*[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 1*[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 1*[Indian] Christian into some language which he understands.

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1. Subs. by the A. O. 1950, for " Native".

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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.



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 be solemnized in the presence of at least two witnesses besides the Minister.



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 proceedings (if any) thereon shall be void and no person shall proceed to solemnize the said marriage until new notice has been given and a certificate thereof issued in manner aforesaid.
Last updated on April, 2016

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