Taxmann's Indian Christian Marriage Act 1872

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INDIAN CHRISTIAN MARRIAGE ACT, 1872

1. Short title

[Repealed by the Repealing Act, 1938]

Interpretation clause

PART I

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 marriages

7. Marriage Registrars

8. Marriage Registrars in Indian States

9. Licensing of persons to grant certi cates of marriage between Indian Christians

PART II TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED 10. Time for solemnizing marriage

11. Place for solemnizing marriage

PART III

PART IV

REGISTRATION

CONTENTS

35. Copies of certi cates to be entered and numbered 20

36. Registrar to add number of entry to certi cate, and send to Registrar General 20

37. Registration of marriages between Indian Christians by persons referred to in clauses (1), (2) and (3) of section 5 21

PART V

MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR

38. Notice of intended marriage before-Marriage Registrar 21

39. Publication of notice 23

40. Notice to be led and copy entered in Marriage Notice Book 23

41. Certi cate of notice given and oath made 23

42. Oath before issue of certi cate 25

43. Petition to High Court to order certi cate in less than fourteen days 25

44. Consent of father or guardian 26

45. Petition where person whose consent is necessary is insane, or unjustly withholds consent 27

46. Petition when Marriage Registrar refuses certi cate 28

47. [Repealed by the Adaptation of Laws Order 1950, w.e.f. 26-1-1950] 29

48. Petition when Registrar doubts authority of person forbidding 29

49. Liability for frivolous protest against issue of certi cate 29

50. Form of certi cate 30

51. Solemnization of marriage after issue of certi cate 30

52. When marriage not held within two months after notice, new notice required 31

53. Marriage Registrar may ask for particulars to be registered 32

54. Registration of marriages solemnized under Part V 32

55. Certi cate to be sent monthly to Registrar-General 33

56. [Repealed by the Adaptation of Laws Order 1950, w.e.f. 26-1-1950] 34

57. Registrars to ascertain that notice and certi cate are understood by Indian Christians 34

58. Indian Christians to be made to understand declarations 35

59. Registration of marriages between Indian Christians 35

PART VI

MARRIAGE OF INDIAN CHRISTIANS

60. On what conditions marriages of Indian Christians may be certi ed 36

61. Grant of certi cate 37

62. Keeping of register-book and deposit of extracts therefrom with Registrar-General 38

63. Searches in register-book and copies of entries 38

64. Books in which marriages of Indian Christians under Part I or Part III are registered 38

65. Part VI not to apply to Roman Catholics 38

PART VII PENALTIES

66. False oath, declaration, notice or certi cate for procuring marriage 39

67. Forbidding by false personation, issue of certi cate by Marriage Registrar 39

68. Solemnizing marriage without due authority 40

69. Solemnizing marriage out of proper time, or without witnesses 41

70. Solemnizing without notice or within fourteen days after notice, marriage with minor 42

71. Issuing certi cate, or marrying, without publication of notice 42

72. Issuing certi cate after expiry of notice, or, in case of minor, within fourteen days after notice, or against authorized prohibition 44

73. Persons authorized to solemnize marriage (other than Clergy of Churches of England, Scotland or Rome) 45

74. Unlicensed person granting certi cate pretending to be licensed 46

75. Destroying or falsifying register-books 46

76. Limitation of prosecutions under Act 47

PART VIII

MISCELLANEOUS

77. What matters need not be proved in respect of marriage in accordance with Act 48

78. Corrections or errors 48

79. Searches and copies of entries 49

CONTENTS

80. Certi ed copy of entry in marriage-register, etc., to be evidence 49

81. Certi cates of certain marriages to be sent to Central Government 50

82. State Government to prescribe fees 50

83. Power to make rules 51

84. [Omitted by the Adaptation of Laws Order, 1950, w.e.f. 26-1-1950] 51

85. Power to declare who shall be District Judge 51

86. [Omitted by the Adaptation of Laws Order, 1950, w.e.f. 26-1-1950] 51

87. Saving of Consular marriages 51

88. Non-validation of marriages within prohibited degrees 51

SCHEDULE I: Notice of Marriage

SCHEDULE II: Certi cate of Receipt of Notice

SCHEDULE III: Form of Register of Marriages

SCHEDULE V: [Repealed by the Repealing Act, 1938]

Indian Christian Marriage Act, 1872

[15 OF 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:—

PRELIMINARY

Short title.

1. This Act may be called the Indian Christian Marriage Act, 18721 Extent.

2[It extends to the whole of India 3[except 4[the territories which, immediately before the 1st November, 1956, were comprised in the States] of Travancore-Cochin, Manipur and 5[***]].]

Commencement.—[Repealed by the Repealing Act, 1874:]

6[Provided that nothing contained in this Act shall apply to the Renoncants of the Union territory of Pondicherry.]

1. Dated 18-7-1872.

2. Substituted by the Adaptation of Laws Order, 1950, w.e.f. 26-1-1950. Prior to substitution, second paragraph as amended by the Government of India (Adaptation of Indian Laws) Order, 1937 and the Indian Independence (Adaptation of Central Acts and Ordinances) Order, 1948.

Note : The Act does not extend to the State of Manipur vide Act 30 of 1950, as amended by Act 68 of 1956; The Act has been extended to and brought into force in Dadra and Nagar Haveli, by the Dadra and Nagar Haveli (Laws) Regulation, 1963, w.e.f. 1-7-1965.

3. Substituted for “except Part B States” by the Part B States (Laws) Act, 1951, w.e.f. 1-4-1951.

4. Substituted for “the States” by the Adaptation of Laws (No. 2) Order, 1956, w.e.f. 1-11-1956.

5. Words “except the State of Jammu and Kashmir” omitted by the Jammu and Kashmir Reorganisation Act, 2019, w.e.f. 31-10-2019.

6. Inserted by the Pondicherry (Extension of Laws) Act, 1968, w.e.f. 24-5-1968.

S. 3

INDIAN CHRISTIAN MARRIAGE ACT, 1872 2

COMMENTS

SECTION NOTES

1.1 Short title of the Act

In legal documents, cases, and references, this Act will be referred to simply as the Indian Christian Marriage Act, 1872.

1.2 Extent of application

“It extends to the whole of India”.

1.2-1 Exception

The Act does not apply to the territories that, as of 1st November 1956, were part of the States of Travancore-Cochin, Manipur, and certain other areas, as clarified by the exclusion clause.

Enactments repealed.

2. [Repealed by the Repealing Act, 1938.] Interpretation clause.

3. In this Act unless there is something repugnant in the subject or context,— “Church of England” and “Anglican” mean and apply to the Church of England as by law established; “Church of Scotland” means the Church of Scotland as by law established; “Church of Rome” and “Roman Catholic” mean and apply to the Church which regards the Pope of Rome as its spiritual head; “Church” includes any chapel or other building generally used for public Christian worship; 7[“India” means the 8[territories] to which this Act extends;] “minor” means a person who has not completed the age of twenty-one years and who is not a widower or a widow;

8a[***]

“christians” the expression “Christian” means persons professing the Christian religion; “Indian christians”.

9[and the expression “Indian Christians” includes the Christian descendants of natives of India converted to Christianity, as well as such converts;]

7. Inserted by the Part B States (Laws) Act, 1951, w.e.f. 1-4-1951.

8. Substituted for “territory comprised in the States” by the Adaptation of Laws (No. 2) Order, 1956, w.e.f. 1-11-1956.

8a. Definition of “Native State” omitted by the Government of India (Adaptation of Indian Laws) Order, 1937.

9. Substituted by the Adaptation of Laws Order, 1950, w.e.f. 26-1-1950.

3

INDIAN CHRISTIAN MARRIAGE ACT, 1872 S. 3

9a[“Registrar General of Births, Deaths and Marriages” means a Registrar General of Births, Deaths and Marriages appointed under the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886).]

COMMENTS

SECTION NOTES

3.1 “Church of Rome” and “Roman Catholic”

These terms refer to the Roman Catholic Church, which recognizes the Pope of Rome as its spiritual head.

3.2 “Church”

The term “Church” encompasses not only large places of Christian worship but also includes any chapel or building regularly used for public Christian worship.

3.3 “Minor”

A minor is a person who: Has not yet reached the age of 21 years. Is not a widower or widow.

3.4 “Christians”

The term Christians refers to persons who profess the Christian religion.

3.5 “Indian Christians”

This term includes:

The Christian descendants of people native to India who converted to Christianity. The converts themselves (people who have converted from other religions to Christianity).

STATE AMENDMENTS

Section 3

- For the definition of “Registrar General of Births, Deaths and Marriages”, substitute:— “Registrar General of Births, Deaths and Marriages” means the Registrar General of Births, Deaths and Marriages appointed under the Mysore Registrar General of Births, Deaths and Marriages Act, 1956. — [Vide Mysore Act No. 20 of 1956, w.e.f. 29-10-1956, read with Act No. 31 of 1973, w.e.f. 1-11-1973.]

WEST BENGAL

Section 3

- For the definition of “Registrar General of Births, Deaths and Marriages”, substitute:— “Registrar General of Marriages means the Registrar General of Marriages of the State of West Bengal”. — [Vide West Bengal Act No. 22 of 1999.]

9a. Inserted by the Births, Deaths and Marriages Registration Act, 1886.

KARNATAKA

Rs. 115/-

INDIAN CHRISTIAN MARRIAGE ACT 1872 – BARE ACT WITH SECTION NOTES

AUTHOR : Taxmann's Editorial Board

PUBLISHER : Taxmann

DATE OF PUBLICATION : May 2025

EDITION : 2025 Edition

ISBN NO : 9789364559294

NO. OF PAGES : 72

BINDING TYPE : Paperback

DESCRIPTION

Indian Christian Marriage Act 1872 [Bare Act with Section Notes] by Taxmann is a succinct legal publication that reproduces the full, amended text of the Act. Alongside the bare act, this edition o ers concise commentary and explanatory notes on each section, making it an essential reference for readers seeking a precise understanding of Christian marriage laws in India.

This book is intended for the following audience:

• Legal Professionals

• Government O cials & Marriage Registrars

• Law Students & Academics

• Clergy & Religious Institutions

• General Readers

The Present Publication is the 2025 Edition, covering the amended and updated text of the Indian Christian Marriage Act [Act No. 15 of 1872], with the following noteworthy features:

• [Authoritative Text] Presents the current, consolidated law

• [Section-wise Notes] Clear annotations for each provision

• [User-friendly Layout] Bold headings, spaced text, and logical numbering

• [Periodic Updates & Amendments] Reflects both national and state-specific changes

• [Pre-amendment References] Indicates prior text in footnotes for historical context

• [Practical Aids] Tables, schedules, and o cial forms for compliance clarity

• [Subject Index] Facilitates swift topic/location searches

• [Portable Format] Handy size for easy reference

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