LawgistThe Indian Christian Marriage Act
42Oath before issue of certificate
The certificate mentioned in section 41 shall not be issued by any Marriage Registrar, until one of the parties intending marriage appears personally before such Marriage Registrar, and makes oath1
(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
(b) that both the parties have, or (where they have dwelt in the districts of different Marriage Registrars) that the party making such oath has, had their, his or her usual place of abode within the district of such Marriage Registrar,
and, where either or each of the parties is a minor,
(c) that the consent or consents to such marriage required by law has or have been obtained thereto, or that there is no person resident in India authorized to give such consent, as the case may be.
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1. Subs. by Act 6 of 1886, s. 30, for "Secretary to the Local Government".
All sections
- 1 Short title
- 2 [Repealed.]
- 3 Interpretation-clause
- 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 [Omitted.]
- 9 Licensing of persons to grant certificates of marriage between Indian Christians
- 10 Time for solemnizing marriage
- 11 Place for solemnizing marriage
- 12 Notice of intended marriage
- 13 Publication of such 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 Indian Christians
- 24 Form of certificate
- 25 Solemnization of marriage
- 26 Certificate void if marriage not solemnized within two months
- 27 Marriages when to be registered
- 28 Registration of marriages solemnized by Clergymen of Church of England
- 29 Quarterly returns to Archdeaconry
- 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 Marriages 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 Indian Christians, by persons referred to in clauses (1), (2) and (3) of section 5
- 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 Petition to High Court to order certificate in less than fourteen days
- 44 Consent of father or guardian
- 45 Petition where person whose consent is necessary is insane, or unjustly withholds consent
- 46 Petition when Marriage Registrar refuses certificate
- 47 [Omitted.]
- 48 Petition when Registrar doubts authority of person forbidding
- 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 marriages solemnized under part V
- 55 Certificates to be sent monthly to Registrar General
- 56 [Omitted.]
- 57 Registrars to ascertain that notice and certificate are understood by Indian Christians
- 58 Indian Christians to be made to understand declarations
- 59 Registration of marriages between Indian Christians
- 60 On what conditions marriages of Indian 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 Indian Christians under Part I or Part III are registered
- 65 Part VI not to apply to Roman Catholics
- 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
- 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 certificate against authorized prohibitio
- 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 license
- 75 Destroying or falsifying register-book
- 76 Limitation of prosecutions under Ac
- 77 What matters need not be proved in respect of marriage in accordance with Ac
- 78 Corrections of errors
- 79 Searches and copies of entrie
- 80 Certified copy of entry in marriage register, etc., to be evidenc
- 81 Certificates of certain marriages to be sent to Central Government
- 82 State Government to prescribe fees
- 83 Power to make rule
- 84 Omitted.
- 85 Power to declare who shall be District Judg
- 86 Omitted
- 87 Saving of Consular marriage
- 88 Non-validation of marriages within prohibited degrees
