77. What matters need not be proved in respect of marriage in accordance with Act.—Whenever
any marriage has been solemnized in accordance with the provisions of sections 4 and 5, it shall not be
void merely on account of any irregularity in respect of any of the following matters, namely:—
(1) any statement made in regard to the dwelling of the persons married, or to the consent of any
person whose consent to such marriage is required by law;
(2) the notice of the marriage;
(3) the certificate or translation thereof;
(4) the time and place at which the marriage has been solemnized;
(5) the registration of the marriage.
78. Corrections of errors.—Every person charged with the duty of registering any marriage, who
discovers any error in the form or substance of any such entry, may within one month next after the
discovery of such error, in the presence of the persons married, or, in case of their death or absence, in the
presence of two other credible witnesses, correct the error by entry in the margin, without any alteration
of the original entry, and shall sign the marginal entry, and add thereto the date of such correction, and
such person shall make the like marginal entry in the certificate thereof.
1. Ins. by Act 2 of 1891, s. 9.
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And every entry made under this section shall be attested by the witnesses in whose presence it was
made.
And, in case such certificate has been already sent to the 1
[Registrar General of Births, Deaths and
Marriages], such person shall make and send in like manner a separate certificate of the original
erroneous entry, and of the marginal correction therein made.
79. Searches and copies of entries.—Every person solemnizing a marriage under this Act, and
hereby required to register the same,
and every Marriage Registrar or 1
[Registrar General of Births, Deaths and Marriages] having the
custody for the time being of any register of marriages, or of any certificate, or duplicate, or copies of
certificate, under this Act,
shall, on payment of the proper fees, at all reasonable times, allow searches to be made in such register, or
for such certificate, or duplicate or copies, and give a copy under his hand of any entry in the same.
80. Certified copy of entry in marriage-register, etc., to be evidence.—Every certified copy,
purporting to be signed by the person entrusted under this Act with the custody of any marriage-register
or certificate, or duplicate, required to be kept or delivered under this Act, of any entry of a marriage in
such register or of any such certificate or duplicate, shall be received as evidence of the marriage
purporting to be so entered, or of the facts purporting to be so certified therein, without further proof of
such register or certificate, or duplicate, or of any entry therein, respectively, or of such copy.
2
[81. Certificates of certain marriages to be sent to Central Government.—The Registrar General
of Births, Deaths and Marriages 3
*** shall, at the end of every quarter in each year, select, from the
certificates of marriages forwarded to 4
[him], during such quarter, the certificates of the marriages of
which 5
[the Government by whom he was appointed] may desire that evidence shall be transmitted to
England, and shall send the same certificates, signed by 4
[him] to the 6
[Central Government].]
82. State Government to prescribe fees.—Fees shall be chargeable under this Act for—
receiving and publishing notices of marriages;
issuing 7
[certificates for marriage] by Marriage Registrars, and registering marriages by the same;
entering protests against, or prohibitions of, the issue of 8
[certificates for marriage] by the said
Registrars;
searching register-books or certificates, or duplicates, of copies thereof;
giving copies of entries in the same under sections 63 and 79.
The State Government shall fix the amount of such fees respectively,
and may from time to time vary or remit them either generally or in special cases, as to it may seem
fit.
83. Power to make rules.—9
[(1)] The State Government 10[ may, by notification in the Official
Gazette, make rules] in regard to the disposal of the fees mentioned in section 82, the supply of
register-books, and the preparation and submission of returns of marriages solemnized under this Act.
11[(2) Every rule made by the State Government under this section shall be laid, as soon as may be
after it is made, before the State Legislature.]
1. Subs. by Act 6 of 1886, s. 30, for “Secretary to a Local Government”.
2. Subs. by Act 13 of 1911, s. 2, for s. 81.
3. The words and figures “and the officers appointed under section 56” omitted by Act 48 of 1952, s. 3 and the Second Schedule.
4. Subs. by s. 3 and the Second Schedule, ibid., for “them respectively”.
5. Subs. by the A.O. 1937, for “the G. G. in C.”.
6. Subs. by the A.O. 1948, for “Secretary of State for India”.
7. Subs. by Act 1 of 1903, s. 3 and the Second Schedule, for “certificates of marriage”.
8. Subs. by s. 3 and the Second Schedule, ibid., for “marriage certificates”.
9. Section 83 re-numbered as sub-section (1) thereof by Act 20 of 1983, s. 2 and the Schedule (w.e.f. 15-3-1984).
10. Subs. by s. 2 and the Schedule, ibid., for “may make rules” (w.e.f. 15-3-1984).
11. Ins. by s. 2 and the Schedule, ibid. (w.e.f. 15-3-1984).
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84. [Power to prescribe fees and rules for Indian States.] Omitted by the A.O. 1950.
85. Power to declare who shall be District Judge.—The State Government may, by notification in
the Official Gazette, declare who shall, in any place to which this Act applies, be deemed to be the
District Judge.
86. [Powers and functions exercisable as regards Indian States.] Omitted by the A.O. 1950.
87. Saving of Consular marriages.—Nothing in this Act applies to any marriage performed by any
Minister, Consul, or Consular Agent between subjects of the State which he represents and according to
the laws of such State.
88. Non-validation of marriages within prohibited degrees.—Nothing in this Act shall be deemed
to validate any marriage which the personal law applicable to either of the parties forbids him or her to
enter into.