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Act15
Enacted 1872

The Indian Christian Marriage Act, 1872

In force 88 sections Law and Justice

An Act to consolidate and amend the law relating to the solemnization in India of the marriages of Christians.

Act 15 of 1872 Enacted 18 Jul 1872 In force 18 Jul 1872 Department Legislative Department

Administered by. Ministry of Law and Justice, Legislative Department · Other Acts of 1872

Preamble

THE INDIAN CHRISTIAN MARRIAGE ACT, 1872

ACT NO. 15 OF 1872

[18th July, 1872.] An Act to consolidate and amend the law relating to the solemnization in India of the marriages of Christians.

PREAMBLE.--WHEREAS it is expedient to consolidate and amend the law relating to the solemnization in India of the marriages of persons professing the Christian religion;

It is hereby enacted as follows:--

What this Act covers

Summary of the Indian Christian Marriage Act, 1872:

Key Provisions

1. Conditions for Marriage Certification (Section 60)

• Age: Man ≥ 21 years, Woman ≥ 18 years.

• Monogamy: Neither party to have a living spouse.

• Ceremony: Declaration in the presence of a licensed person and at least two credible witnesses.

2. Certificate and Registration

• Grant of Certificate (Section 61): Issued by the licensed person upon payment of a fee, serving as conclusive proof in validity suits.

• Register Book (Sections 62 & 64): Maintained by licensed persons, with extracts deposited with the Registrar General.

• Searches and Copies (Section 63): Allowed at reasonable times for a fee.

3. Exemptions and Savings

• Part VI Not Applicable to Roman Catholics (Section 65): With savings for certain marriages.

4. Penalties (Later Sections, e.g., 66, 68, 69, 70, 71)

• False Declarations/Oaths: Punishable under the Indian Penal Code (IPC).

• Solemnizing without Authority/Proper Procedure: Imprisonment and/or fine.

• Specific Offences for Minors and Non-compliance with Notice Procedures.

Amendments and Related Acts

• Amendments: Various, including Act 48 of 1952, Act 2 of 1978, and others, adjusting age limits and procedural aspects.

• Related Acts:

• The Special Marriage Act, 1954 (References in provided context, though detailed context not provided).

• Part B States Marriages Validating Act, 1952: Validates certain marriages under the Indian Christian Marriage Act, 1872, in specific Part B States during a defined period.

Sections

Type to filter. 88 sections.

  1. 1Short title
  2. 2[Repealed.]
  3. 3Interpretation-clause
  4. 4Marriages to be solemnized according to Act
  5. 5Persons by whom marriages may be solemnized
  6. 6Grant and revocation of licenses to solemnize marriages
  7. 7Marriage Registrars
  8. 8[Omitted.]
  9. 9Licensing of persons to grant certificates of marriage between Indian Christians
  10. 10Time for solemnizing marriage
  11. 11Place for solemnizing marriage
  12. 12Notice of intended marriage
  13. 13Publication of such notice
  14. 14Notice of intended marriage in private dwelling
  15. 15Sending copy of notice to Marriage Registrar when one party is a minor
  16. 16Procedure on receipt of notice
  17. 17Issue of certificate of notice given and declaration made
  18. 18Declaration before issue of certificate
  19. 19Consent of father, or guardian, or mother
  20. 20Power to prohibit by notice issue of certificate
  21. 21Procedure on receipt of notice
  22. 22Issue of certificate in case of minority
  23. 23Issue of certificates to Indian Christians
  24. 24Form of certificate
  25. 25Solemnization of marriage
  26. 26Certificate void if marriage not solemnized within two months
  27. 27Marriages when to be registered
  28. 28Registration of marriages solemnized by Clergymen of Church of England
  29. 29Quarterly returns to Archdeaconry
  30. 30Registration and returns of marriages solemnized by Clergymen of Church of Rome
  31. 31Registration and returns of marriages solemnized by Clergymen of Church of Scotland
  32. 32Certain marriages to be registered in duplicate
  33. 33Entries of such marriages to be signed and attested
  34. 34Certificate to be forwarded to Marriages Registrar, copied and sent to Registrar General
  35. 35Copies of certificates to be entered and numbered
  36. 36Registrar to add number of entry to certificate, and send to Registrar General
  37. 37Registration of marriages between Indian Christians, by persons referred to in clauses (1), (2) and (3) of section 5
  38. 38Notice of intended marriage before Marriage Registrar
  39. 39Publication of notice
  40. 40Notice to be filed and copy entered in Marriage Notice Book
  41. 41Certificate of notice given and oath made
  42. 42Oath before issue of certificate
  43. 43Petition to High Court to order certificate in less than fourteen days
  44. 44Consent of father or guardian
  45. 45Petition where person whose consent is necessary is insane, or unjustly withholds consent
  46. 46Petition when Marriage Registrar refuses certificate
  47. 47[Omitted.]
  48. 48Petition when Registrar doubts authority of person forbidding
  49. 49Liability for frivolous protest against issue of certificate
  50. 50Form of certificate
  51. 51Solemnization of marriage after issue of certificate
  52. 52When marriage not had within two months after notice, new notice required
  53. 53Marriage Registrar may ask for particulars to be registered
  54. 54Registration of marriages solemnized under part V
  55. 55Certificates to be sent monthly to Registrar General
  56. 56[Omitted.]
  57. 57Registrars to ascertain that notice and certificate are understood by Indian Christians
  58. 58Indian Christians to be made to understand declarations
  59. 59Registration of marriages between Indian Christians
  60. 60On what conditions marriages of Indian Christians may be certified
  61. 61Grant of certificate
  62. 62Keeping of register-book and deposit of extracts therefrom with Registrar General
  63. 63Searches in register-book and copies of entries
  64. 64Books in which marriages Indian Christians under Part I or Part III are registered
  65. 65Part VI not to apply to Roman Catholics
  66. 66False oath, declaration, notice or certificate for procuring marriage
  67. 67Forbidding, by false personation issue of certificate by Marriage Registrar
  68. 68Solemnizing marriage without due authority
  69. 69Solemnizing marriage out of proper time, or without witnesses
  70. 70Solemnizing without notice or within fourteen days after notice, marriage with minor
  71. 71Issuing 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 certificate against authorized prohibition
  72. 72Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after notice, or against authorized prohibition
  73. 73Persons 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. 74Unlicensed person granting certificate pretending to be licensed
  75. 75Destroying or falsifying register-books
  76. 76Limitation of prosecutions under Act
  77. 77What matters need not be proved in respect of marriage in accordance with Act
  78. 78Corrections of errors
  79. 79Searches and copies of entries
  80. 80Certified copy of entry in marriage register, etc., to be evidence
  81. 81Certificates of certain marriages to be sent to Central Government
  82. 82State Government to prescribe fees
  83. 83Power to make rules
  84. 84Omitted
  85. 85Power to declare who shall be District Judge
  86. 86Omitted
  87. 87Saving of Consular marriages
  88. 88Non-validation of marriages within prohibited degrees

Schedules

This Act has 5 schedules. A schedule is published as a document of its own; the text is reproduced on its page where it has been read, and the document is mirrored here either way.

Related Acts

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Every one of the 88 sections of this Act has its own page. This page is not a substitute for legal advice.