Indian Christian Marriage Act, 1872 | Family Law - CLAT PG PDF Download

Introduction

The Indian Christian Marriage Act, 1872, is a legislation that governs the marriage of Christians in India. It provides a legal framework for the solemnization and registration of Christian marriages, ensuring that such marriages are recognized and protected under Indian law.

Key Features of the Act:

• Short Title: The Act is officially called the Indian Christian Marriage Act, 1872.
• Extent: The Act applies to the whole of India, except for the territories that were part of the States of Travancore-Cochin, Manipur, and Jammu and Kashmir before November 1, 1956.
• Repeal of Enactments: Certain previous enactments have been repealed by this Act.
• Interpretation Clause: The Act contains definitions for key terms such as "Church of England," "Church of Scotland," "Church of Rome," "Church," "India," "minor," "Christian," and "Indian Christians."
• Registrar General: The Act mentions the Registrar General of Births, Deaths, and Marriages appointed under the Births, Deaths and Marriages Registration Act, 1886.

In summary, the Indian Christian Marriage Act, 1872, provides a legal framework for the solemnization and registration of Christian marriages in India, ensuring that these marriages are recognized and protected under Indian law.

The Persons by Whom Marriages may be Solemnized

Marriages to be solemnized according to Act

• Every marriage between persons, one or both of whom is or are a Christian, or Christians, shall be solemnized in accordance with the provisions of the next following section; and any such marriage solemnized otherwise than in accordance with such provisions shall be void.

Persons by whom marriages may be solemnized

Marriages may be solemnized in India by the following persons:

• Any person who has received episcopal ordination, provided that the marriage is solemnized according to the rules, rites, ceremonies, and customs of the Church of which he is a Minister.
• Any clergyman of the Church of Scotland, provided that the marriage is solemnized according to the rules, rites, ceremonies, and customs of the Church of Scotland.
• Any Minister of Religion licensed under this Act to solemnize marriages.
• By, or in the presence of, a Marriage Registrar appointed under this Act.
• Any person licensed under this Act to grant certificates of marriage between Indian Christians.

Grant and revocation of licenses to solemnize marriages

• The State Government may grant licenses to Ministers of Religion to solemnize marriages within its territories by notification in the Official Gazette.
• The State Government may also revoke such licenses by a similar notification.

Marriage Registrars

• The State Government may appoint one or more Christians as Marriage Registrars for any district under its administration.
• If there are multiple Marriage Registrars in a district, the State Government shall appoint one as the Senior Marriage Registrar.
• If there is only one Marriage Registrar in a district and he is absent, ill, or the office is temporarily vacant, the Magistrate of the district shall act as the Marriage Registrar during such absence, illness, or vacancy.

Marriage Registrars in Indian States

• The State Government may appoint one or more Christians, either by name or by holding a specific office, as Marriage Registrars for any district under its administration.
• If there are multiple Marriage Registrars in a district, the State Government shall designate one as the Senior Marriage Registrar.
• If there is only one Marriage Registrar in a district and he is absent, ill, or the position is temporarily vacant, the district Magistrate shall serve as the Marriage Registrar during that time.

Licensing of persons to grant certificates of marriage between Indian Christians

• The State Government may grant a license to any Christian, either by name or by holding a specific office, authorizing him to grant certificates of marriage between Indian Christians.
• The State Government can revoke such a license, and every grant or revocation shall be notified in the Official Gazette.

Time and Place for Solemnizing Marriages

Time for Solemnizing Marriage

• Every marriage under this Act must be solemnized between 6 AM and 7 PM.

Exceptions:

• Church of England: A clergyman can solemnize a marriage at any hour if he has a special license from the Anglican Bishop of the Diocese.
• Roman Catholic Church: A clergyman can solemnize a marriage between 7 PM and 6 AM with a license from the Roman Catholic Bishop of the Diocese.
• Church of Scotland: A clergyman can solemnize a marriage at any time according to the rules and customs of the Church of Scotland.

Place for Solemnizing Marriage

• A clergyman of the Church of England can only solemnize a marriage in a church where worship is regularly held according to Church of England norms.
• If there is no such church within five miles, or if the clergyman has a special license from the Anglican Bishop, he may solemnize the marriage elsewhere.
• The Registrar of the Diocese may charge an additional fee for issuing a special license as authorized by the Bishop.

Marriages Solemnized by Ministers of Religion Licensed under this Act

Notice of Intended Marriage

• When a marriage is planned to be solemnized by a licensed Minister of Religion under this Act, one of the individuals intending to marry must provide written notice to the chosen Minister of Religion.
• The notice should include the following details:
  • Names and Surnames: The full names and professions or conditions of both individuals.
  • Dwelling Places: The addresses where each person resides.
  • Duration of Residence: The length of time each person has lived at their current address.
  • Location of Marriage: The church or private dwelling where the marriage will take place.

Publication of Notice

• If the individuals intending to marry wish to have the ceremony in a specific church and the Minister of Religion is authorized to officiate there, the Minister will post the notice in a prominent place within the church.
• If the Minister is not authorized to officiate in that church, they can either return the notice to the person who submitted it or forward it to another Minister who is authorized to officiate in that church.

Notice of Intended Marriage in Private Dwelling

• If the marriage is to be solemnized in a private dwelling, the Minister of Religion who receives the notice must forward it to the Marriage Registrar of the district.
• The Marriage Registrar will then affix the notice in a conspicuous place in their office.

Sending Copy of Notice to Marriage Registrar When One Party is a Minor

• If one of the individuals intending to marry is a minor, the Minister receiving the notice must send a copy of the notice to the Marriage Registrar of the district within twenty-four hours, unless the notice is returned.
• If there are multiple Registrars in the district, the copy should be sent to the Senior Marriage Registrar.

Procedure in Receipt of Notice

• The Marriage Registrar or Senior Marriage Registrar, upon receiving the notice, will affix it in a visible location in their office.
• The Senior Marriage Registrar will also send a copy of the notice to all other Marriage Registrars in the district, who will publish it in the same manner.

Issue of Certificate of Notice Given and Declaration Made

• A Minister of Religion who agrees to solemnize the marriage must issue a certificate of notice and declaration when requested by one of the parties.
• The certificate can only be issued after four days from the receipt of notice, and if there are no lawful impediments or prohibitions.

Declaration Before Issue of Certificate

• Before issuing the certificate, one of the parties must make a solemn declaration to the Minister, stating:
• Impediments: That there are no legal hindrances to the marriage.
• Consent: If either party is a minor, that the necessary consents have been obtained or that there is no one in India who can give such consent.

Consent of Father, Guardian, or Mother

• The father, guardian, or mother of a minor must provide consent for the minor's marriage unless no one authorized to give consent is residing in India.

Power to Prohibit by Notice Issue of Certificate

• Individuals whose consent is required for the marriage can prohibit the issuance of the certificate by notifying the Minister in writing.
• The Minister must investigate the prohibition and ensure the person prohibiting has the legal authority to do so before issuing the certificate.

Issue of Certificate in Case of Minority

• If one party is a minor and the Minister is unsure about the required consent, the certificate will not be issued until fourteen days after receiving the notice of marriage.

Issue of Certificate to Indian Christians

• When an Indian Christian applies for a notice of marriage or certificate from a Minister of Religion, the Minister must ensure the Indian Christian understands the notice or certificate.
• If not, the Minister will translate the notice or certificate into a language the Indian Christian understands.

Form of Certificate

• The certificate issued by the Minister will follow the form outlined in the Second Schedule of the Act.

Solemnization of Marriage

• Once the certificate is issued by the Minister, the marriage can be solemnized between the individuals mentioned in the certificate.
• The solemnization can be done in any form or ceremony chosen by the Minister, but it must be witnessed by at least two witnesses in addition to the Minister.

Certificate Void if Marriage Not Solemnized Within Two Months

• If the marriage is not solemnized within two months of the certificate being issued, the certificate and all related proceedings become void.
• A new notice must be given, and a new certificate issued to proceed with the marriage.

Registration of Marriages Solemnized by Ministers of Religion

Here are the key points regarding the registration of marriages solemnized by ministers of religion in India, as outlined in the provided text:

Registration of Marriages

All marriages solemnized in India between individuals who profess the Christian religion, except those under Part V or Part VI of the Act, must be registered.

Registration by Clergymen of the Church of England

• Clergy of the Church of England must maintain a register of marriages and record every marriage they solemnize according to a specified tabular form.

Quarterly Returns to Archdeaconry

• Clergy of the Church of England are required to send quarterly returns of marriage entries to the Registrar of the Archdeaconry.
• Returns should include all marriage entries for each quarter of the year.
• The Registrar sends one copy of the returns to the Registrar General of Births, Deaths, and Marriages.

Registration by Clergymen of the Church of Rome

• Marriages solemnized by Clergymen of the Church of Rome are registered according to the form directed by the Roman Catholic Bishop of the Diocese.
• Quarterly returns of registered marriages must be sent to the Registrar General of Births, Deaths, and Marriages.

Registration by Clergymen of the Church of Scotland

• Clergymen of the Church of Scotland must keep a register of marriages and record them according to a specified tabular form.
• Quarterly returns of marriages must be sent to the Registrar General of Births, Deaths, and Marriages.

Registration in Duplicate

• Marriages solemnized by individuals with episcopal ordination, not belonging to the Church of England or the Church of Rome, or by licensed Ministers of Religion, must be registered in duplicate.
• The registration should be done in a marriage register-book and a certificate attached as a counterfoil.

Signing and Attesting Entries

• Entries in the certificate and marriage-register-book must be signed by the person solemnizing the marriage, the married couple, and two credible witnesses.
• Entries should be made in order, and the certificate number must correspond with the entry number.

Certificate Forwarding

• The person solemnizing the marriage must send the certificate to the Marriage Registrar within one month.
• The Marriage Registrar copies the certificate into a book and sends all certificates received during the month to the Registrar General of Births, Deaths, and Marriages.

Entering and Numbering Copies of Certificates

• Copies of certificates are entered in order in the Registrar's book, with both the copied certificate number and a unique entry number assigned by the Marriage Registrar.

Registrar's Responsibilities

• The Marriage Registrar adds the entry number to the certificate and sends it to the Registrar General at the end of each month.

Registration of Marriages between Indian Christians

• When a marriage between Indian Christians is solemnized by a person referred to in section 5, the marriage is registered in a separate register-book.
• The register-book is kept safely until filled, and if the person leaves the district before it is filled, they must transfer it to their successor.
• The completed register-book is sent to the Marriage Registrar, who forwards it to the Registrar General for record-keeping.

Marriages Solemnized by, or in the Presence of, a Marriage Registrar

Notice of Intended Marriage Before Marriage Registrar

• When a marriage is planned to be solemnized by or in the presence of a Marriage Registrar, one of the parties must give written notice to the Marriage Registrar of the district where they reside.
• If the parties live in different districts, notice must be given to the Marriage Registrar in each district.
• The notice should include the names, professions, dwelling places, duration of residence, and the place of marriage for both parties.
• If either party has lived in the stated place for more than a month, it can be mentioned that they have lived there for one month and upwards.

Publication of Notice

• Upon receiving the notice, the Marriage Registrar must affix a copy in a conspicuous place in his office.
• If one of the parties is a minor, the Marriage Registrar must send copies of the notice to other Marriage Registrars in the same district within twenty-four hours.

Filing and Entry of Notice

• The Marriage Registrar shall file all notices and keep them with office records.
• A true copy of all notices should be entered in the Marriage Notice Book, which is open for public inspection without a fee.

Certificate of Notice and Oath

• If requested and one party has made the required oath, the Marriage Registrar shall issue a certificate of notice and oath.
• The certificate will not be issued if there is a lawful impediment, if forbidden by authorized persons, or if the required time has not elapsed.

Oath Before Certificate Issuance

• One of the parties must personally appear before the Marriage Registrar and make an oath regarding the absence of legal impediments, residence, and, if applicable, consent for minors.

Petition to High Court for Early Certificate

• When one party is a minor and both reside in Calcutta, Madras, or Bombay, they may petition the High Court for an early certificate from the Marriage Registrar.
• If sufficient cause is shown, the Judge may order the Marriage Registrar to issue the certificate before the usual time.

Consent of Father or Guardian

• The provisions regarding consent apply to marriages where either party is a minor.
• Any person whose consent is required may protest against the issuance of the certificate before it is issued.
• The protest must be examined by the Marriage Registrar before issuing the certificate.

Petition in Case of Insanity or Unjust Withholding of Consent

• If a person whose consent is necessary is of unsound mind or unjustly withholds consent, the parties may petition the High Court or District Judge for a declaration of proper marriage.
• The declaration shall be as effective as if the necessary consent was obtained.

Petition When Marriage Registrar Refuses Certificate

• If a Marriage Registrar refuses to issue a certificate, either party may petition the High Court or District Judge for a decision.
• The decision shall be final, and the Marriage Registrar shall proceed accordingly.

Petition When Registrar Doubts Authority of Person Forbidding

• If a Marriage Registrar doubts the authority of a person forbidding the issuance of a certificate, he may petition the High Court or District Judge.
• The court will examine the case, and if the forbidding person is not authorized, the certificate shall be issued.

Liability for Frivolous Protest

• Any person entering a frivolous protest against the issuance of a certificate shall be liable for costs and damages.

Form of Certificate

• The certificate issued by the Marriage Registrar shall be in the prescribed form.

Solemnization of Marriage After Certificate Issuance

• After the issuance of the certificate, the marriage may be solemnized in the presence of a Marriage Registrar and witnesses.
• Each party must declare the absence of impediments and take each other as lawful wedded spouses.

New Notice Required When Marriage Not Held Within Two Months

• If a marriage is not solemnized within two months of the notice, a new notice is required.

Marriage Registrar May Ask for Registration Particulars

• The Marriage Registrar may request particulars for registration during the solemnization of marriage.

Registration of Marriages Solemnized Under Part V

• After the marriage solemnization, the Marriage Registrar shall register the marriage in duplicate.
• The entry in both the certificate and marriage-register-book must be signed by the person solemnizing the marriage, the Marriage Registrar, the parties married, and two credible witnesses.

Certificate to be Sent Monthly to Registrar-General

• The Marriage Registrar shall separate the certificate from the marriage-register-book and send it to the Registrar General at the end of every month.
• The register-book shall be kept safely until filled and then sent to the Registrar General.

Registrars to Ascertain Understanding of Notice and Certificate by Indian Christians

• The Marriage Registrar shall ensure that Indian Christians understand the notice and certificate, translating if necessary.

Indian Christians to Understand Declarations

• The person solemnizing the marriage shall ensure that Indian Christians understand the declarations made during the marriage.

Registration of Marriages Between Indian Christians

• The registration of marriages between Indian Christians shall conform to the rules of section 37.

Conditions for Certifying Marriages of Indian Christians

• Marriages between Indian Christians shall be certified under this Part if certain conditions are fulfilled, including age, absence of living spouse, and proper declaration in the presence of a licensed person and witnesses.

Grant of Certificate

• Upon fulfillment of conditions for marriages solemnized under this Part, a certificate of marriage shall be granted by the licensed person to either party upon application and payment of a fee.
• The certificate serves as conclusive proof of the marriage.

Keeping of Register-Book and Depositing Extracts with Registrar-General

• Licensed persons shall keep a register-book of marriages solemnized under this Part and deposit extracts with the Registrar General at prescribed intervals.

Searches in Register-Book and Copies of Entries

• Persons licensed to grant marriage certificates shall allow searches in the register-book and provide copies of entries on payment of a fee.

Books for Registration of Marriages of Indian Christians

• Provisions regarding register-books, depositing extracts, searches, and copies of entries shall apply to books kept under section 37.

Roman Catholic Marriages and Offences in Marriage Procedures

Roman Catholic Marriages

• Part VI of the Act, except for certain sections, does not apply to marriages between Roman Catholics.
• Marriages celebrated between Roman Catholics under Part V of Act No. 25 of 1864 before February 23, 1865, are not invalidated.

Offences in Marriage Procedures

• False Oath or Declaration: Intentionally making a false oath or declaration for procuring a marriage or marriage license may lead to punishment under section 193 of the Indian Penal Code, 1860, with imprisonment up to three years and possible fine.
• Forbidding Certificate by False Personation: Falsely representing oneself to prohibit the issue of a certificate by a Marriage Registrar is an offence under section 205 of the Indian Penal Code, 1860.
• Solemnizing Marriage Without Authority: Solemnizing a marriage without authorization, especially when one or both parties are Christians, can lead to imprisonment up to ten years and fines.
• Solemnizing Marriage Out of Proper Time or Without Witnesses: Solemnizing a marriage outside specified hours or without at least two credible witnesses can result in imprisonment up to three years and fines.
• Solemnizing Marriage with Minor Without Proper Notice: Ministers of Religion licensed to solemnize marriages must adhere to notice requirements, especially when one party is a minor. Failure to do so may result in imprisonment up to three years and fines.
• Marriage Registrar Offences: Marriage Registrars committing offences such as issuing certificates without proper notice or solemnizing marriages against regulations may face imprisonment up to five years and fines.
• Issuing Certificates Against Regulations: Issuing marriage certificates after notice expiration or without proper authority, particularly in cases involving minors, can lead to legal consequences under section 166 of the Indian Penal Code, 1860.
• Authorized Persons Solemnizing Marriage: Individuals authorized to solemnize marriages must adhere to publication and notice requirements. Violations may result in imprisonment up to four years and fines.
• Unlicensed Person Granting Certificate: Unlicensed individuals granting marriage certificates pretending to be licensed may face imprisonment up to five years and fines.
• Destroying or Falsifying Register-Book: Wilfully destroying or falsifying register-books or counterfoil certificates can lead to imprisonment up to seven years and fines.
• Limitation of Prosecutions: Prosecutions for offences under this Act must be initiated within two years of the offence being committed.

Miscellaneous

What matters need not be proved in respect of marriage in accordance with Act.

• When a marriage is solemnized following the provisions of sections 4 and 5, it is not considered void due to irregularities in the following matters:
• Statements regarding the dwelling of the persons married or the consent of any legally required party.
• The notice of the marriage.
• The certificate or its translation.
• The time and place of the marriage solemnization.
• The registration of the marriage.

Corrections or errors

• If someone responsible for registering a marriage finds an error in the registration, they can correct it within one month of discovery.
• The correction is made in the presence of the married couple or, if they are unavailable, in the presence of two credible witnesses.
• The original entry remains unchanged, and the correction is noted in the margin.
• The person making the correction must sign and date the marginal entry.
• If the certificate has already been sent to the Registrar-General, a separate certificate of the erroneous entry and the correction must be sent.

Searches and copies of entries

• Individuals solemnizing a marriage under this Act, required to register it, along with the Marriage Registrar or Registrar General of Births, Deaths, and Marriages, must allow searches in the marriage register or for certificates, duplicates, or copies.
• These searches are permitted at reasonable times and for a fee.
• Copies of any entry in the register or certificate can be provided under the hand of the custodian.

Certified copy of entry in marriage-register, etc., to be evidence

• A certified copy of any entry in a marriage-register or certificate, signed by the custodian, serves as evidence of the marriage without needing further proof of the register or certificate.
• The copy is accepted as proof of the marriage details contained in it.

Certificates of certain marriages to be sent to Central Government

• The Registrar-General of Births, Deaths, and Marriages selects certain marriage certificates quarterly and sends them to the Central Government for transmission to England.

State Government to prescribe fees

• Fees under this Act are applicable for various services such as:
• Receiving and publishing notices of marriages.
• Issuing and registering certificates for marriages by Marriage Registrars.
• Entering protests against or prohibitions of certificate issuance by Registrars.
• Searching register-books or certificates and providing copies.
• The State Government determines and can modify these fees.

Power to make rules

• The State Government can create rules regarding the disposal of fees, supply of register books, and submission of marriage solemnization returns.
• These rules are presented to the State Legislature after being made.

Power to prescribe fees and rules for Indian States

• The government has the authority to set fees and rules for Indian States regarding the Act.

Power to declare who shall be District Judge

• The State Government can designate the District Judge for any area under this Act through a notification in the Official Gazette.

Powers and functions exercisable as regards Indian States

• The Act grants specific powers and functions related to Indian States, though details are not provided in the excerpt.

Saving of Consular marriages

• The Act does not apply to marriages performed by consular officials between subjects of the State they represent, according to the laws of that State.

Non-validation of marriages within prohibited degrees

• The Act does not validate marriages that are forbidden by the personal law applicable to either party.