38. Notice of intended marriage before Marriage Registrar.—When a marriage is intended to be
solemnized by, or in the presence of, a Marriage Registrar, one of the parties to such marriage shall give
notice in writing, in the form contained in the First Schedule hereto annexed, or to the like effect, to any
Marriage Registrar of the district within which the parties have dwelt,
or, if the parties dwell in different districts, shall give the like notice to a Marriage Registrar of each
district,
and shall state therein the name and surname, and the profession or condition, of each of the parties
intending marriage, the dwelling-place of each of them, the time during which each has dwelt therein, and
the place at which the marriage is to be solemnized:
Provided that, if either party has dwelt in the place stated in the notice for more than one month, it
may be stated therein that he or she has dwelt there one month and upwards.
39. Publication of notice.—Every Marriage Registrar shall, on receiving any such notice, cause a
copy thereof to be affixed in some conspicuous place in his office.
When one of the parties intending marriage is a minor, every Marriage Registrar shall, within twentyfour hours after the receipt by him of the notice of such marriage, send, by post or otherwise, a copy of
such notice to each of the other Marriage Registrars (if any) in the same district, who shall likewise affix
the copy in some conspicuous place in his own office.
40. Notice to be filed and copy entered in Marriage Notice Book.—The Marriage Registrar shall
file all such notices and keep them with the records of his office,
and shall also forthwith enter a true copy of all such notices in a book to be furnished to him for that
purpose by the State Government, and to be called the “Marriage Notice Book”;
and the Marriage Notice Book shall be open at all reasonable times, without fee, to all persons
desirous of inspecting the same.
41. Certificate of notice given and oath made.—If the party by whom the notice was given requests
the Marriage Registrar to issue the certificate next hereinafter mentioned, and if one of the parties
intending marriage has made oath as hereinafter required, the Marriage Registrar shall issue under his
hand a certificate of such notice having been given and of such oath having been made:
Proviso.—Provided—
that no lawful impediment be shown to his satisfaction why such certificate should not issue;
that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any
person authorized in that behalf by this Act;
that four days after the receipt of the notice have expired, and further,
that where, by such oath, it appears that one of the parties intending marriage is a minor, fourteen
days after the entry of such notice have expired.
42. Oath 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 oath2 —
(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
1. Subs. by the A. O. 1950, for “Native Christians”.
2. Subs. by Act 6 of 1886, s. 30, for “Secretary to the Local Government.”.
12
(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.
43. Petition to High Court to order certificate in less than fourteen days.—When one of the
parties intending marriage is a minor, and both such parties are at the time resident in any of the towns of
Calcutta, Madras and Bombay, and are desirous of being married in less than fourteen days after the entry
of such notice as aforesaid, they may apply by petition to a Judge of the High Court, for an order upon the
Marriage Registrar to whom the notice of marriage has been given, directing him to issue his certificate
before the expiration of the said fourteen days required by section 41.
Order on petition.—And on sufficient cause being shown, the said Judge may, in his discretion,
make an order upon such Marriage Registrar, directing him to issue his certificate at any time to be
mentioned in the said order before the expiration of the fourteen days so required.
And the said Marriage Registrar, on receipt of the said order, shall issue his certificate in accordance
therewith.
44. Consent of father or guardian.—The provisions of section 19 apply to every marriage under this
Part, either of the parties to which is a minor;
Protest against issue of certificate.—And any person whose consent to such marriage would be
required thereunder may enter a protest against the issue of the Marriage Registrar’s certificate, by
writing, at any time before the issue of such certificate, the word “forbidden” opposite to the entry of the
notice of such intended marriage in the Marriage Notice Book, and by subscribing thereto his or her name
and place of abode, and his or her position with respect to either of the parties, by reason of which he or
she is so authorized.
Effect of protest.—When such protest has been entered, no certificate shall issue until the Marriage
Registrar has examined into the matter of the protest, and is satisfied that it ought not to obstruct the issue
of the certificate for the said marriage, or until the protest be withdrawn by the person who entered it.
45. Petition where person whose consent is necessary is insane, or unjustly withholds
consent.—If any person whose consent is necessary to any marriage under this Part is of unsound mind,
or if any such person (other than the father) without just cause withholds his consent to the marriage,
the parties intending marriage may apply by petition, where the person whose consent is necessary is
resident within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if he
is not resident within any of the said towns, then to the District Judge.
Procedure on petition.—And the said Judge of the High Court, or District Judge, as the case may be,
may examine the allegations of the petition in a summary way;
and, if upon examination such marriage appears proper such Judge of the High Court or District
Judge, as the case may be, shall declare the marriage to be a proper marriage.
Such declaration shall be as effectual as if the person whose consent was needed had consented to the
marriage;
and, if he has forbidden the issue of the Marriage Registrar’s certificate, such certificate shall be
issued and the like proceedings may be had under this Part in relation to the marriage as if the issue of
such certificate had not been forbidden.
46. Petition when Marriage Registrar refuses certificate.—Whenever a Marriage Registrar refuses
to issue a certificate under this Part, either of the parties intending marriage may apply by petition, where
the district of such Registrar is within any of the towns of Calcutta, Madras and Bombay, to a Judge of
the High Court, or if such district is not within any of the said towns, then to the District Judge.
13
Procedure on petition.—The said Judge of the High Court, or District Judge, as the case may be,
may examine the allegations of the petition in a summary way, and shall decide thereon.
The decision of such Judge of the High Court or District Judge, as the case may be, shall be final, and
the Marriage Registrar to whom the application for the issue of a certificate was originally made shall
proceed in accordance therewith.
47. [Petition when Marriage Registrar in Indian State refuses certificate.] Omitted by the A. O. 1950.
48. Petition when Registrar doubts authority of person forbidding.—Whenever a Marriage
Registrar, acting under the provisions of section 44, is not satisfied that the person forbidding the issue of
the certificate is authorized by law so to do, the said Marriage Registrar shall apply by petition, where his
district is within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if
such district be not within any of the said towns, then to the District Judge.
Procedure on petition.—The said petition shall state all the circumstances of the case, and pray for
the order and direction of the Court concerning the same,
and the said Judge of the High Court or District Judge, as the case may be, shall examine into the
allegations of the petition and the circumstances of the case,
and if, upon such examination, it appears, that the person forbidding the issue of such certificate is not
authorized by law so to do, such Judge of the High Court or District Judge, as the case may be, shall
declare that the person forbidding the issue of such certificate is not authorized as aforesaid,
and thereupon such certificate shall be issued, and the like proceedings may be had in relation to such
marriage as if the issue had not been forbidden.
1
* * * * *
49. Liability for frivolous protest against issue of certificate.—Every person entering a protest with
the Marriage Registrar, under this Part, against the issue of any certificate, on grounds which such
Marriage Registrar, under section 44, or a Judge of the High Court or the District Judge, under section 45
or 46, declares to be frivolous and such as ought not to obstruct the issue of the certificate, shall be liable
for the costs of all proceedings in relation thereto and for damages, to be recovered by suit by the person
against whose marriage such protest was entered.
50. Form of certificate.—The certificate to be issued by the Marriage Registrar under the provisions
of section 41 shall be in the form contained in the Second Schedule to this Act annexed or to the like
effect,
and the State Government shall furnish to every Marriage Registrar a sufficient number of forms of
certificate.
51. Solemnization of marriage after issue of certificate.—After the issue of the certificate of the
Marriage Registrar, or, where notice is required to be given under this Act to the Marriage Registrars for
different districts, after the issue of the certificates of the Marriage Registrars for such districts,
marriage may, if there be no lawful impediment to the marriage of the parties described in such
certificate or certificates, be solemnized between them, according to such form and ceremony as they
think fit to adopt.
But every such marriage shall be solemnized in the presence of some Marriage Registrar (to whom
shall be delivered such certificate or certificates as aforesaid), and of two or more credible witnesses
besides the Marriage Registrar:
And in some part of the ceremony each of the parties shall declare as follows, or to the like effect:—
“I do solemnly declare that I know not of any lawful impediment why I, A. B., may not be joined in
matrimony to C. D.”
1. Omitted by the A. O. 1950.
14
And each of the parties shall say to the other as follows or to the like effect: —
“I call upon these persons here present to witness that I, A. B., do take thee, C. D., to be my lawful
wedded wife [or husband].”
52. When marriage not had within two months after notice, new notice required. —Whenever a
marriage is not solemnized within two months after the copy of the notice has been entered by the
Marriage Registrar, as required by section 40, the notice and the certificate, if any, issued thereupon, and
all other proceedings thereupon, shall be void;
and no person shall proceed to solemnize the marriage, nor shall any Marriage Registrar enter the
same, until new notice has been given, and entry made, and certificate thereof given, at the time and in the
manner aforesaid.
53. Marriage Registrar may ask for particulars to be registered.—A Marriage Registrar before
whom any marriage is solemnized under this Part may ask of the persons to be married the several
particulars required to be registered touching such marriage.
54. Registration of marriages solemnized under part V.—After the solemnization of any marriage
under this Part, the Marriage Registrar present at such solemnization shall forthwith register the marriage
in duplicate; that is to say, in a marriage-register-book, according to the form of the Fourth Schedule
hereto annexed, and also in a certificate attached to the marriage-register-book as a counterfoil.
The entry of such marriage in both the certificates and the marriage-register-book shall be signed by
the person by or before whom the marriage has been solemnized, if there be any such person, and by the
Marriage Registrar present at such marriage, whether or not it is solemnized by him, and also by the
parties married, and attested by two credible witnesses other than the Marriage Registrar and person
solemnizing the marriage.
Every such entry shall be made in order from the beginning to the end of the book, and the number of
the certificate shall correspond with that of the entry in the marriage-register-book.
55. Certificates to be sent monthly to Registrar General.—The Marriage Registrar shall forthwith
separate the certificate from the marriage-register-book and send it, at the end of every month, to the
1
[Registrar General of Births, Deaths and Marriages].
Custody of register-book.—The Marriage Registrar shall keep safely the said register-book until it is
filled, and shall then send it to the 1
[Registrar General of Births, Deaths and Marriages], to be kept by him
with the records of his office.
56. [Officers to whom Registrars in Indian States shall send certificates.) Omitted by the A. O. 1950
57. Registrars to ascertain that notice and certificate are understood by Indian Christians.—
When any 2
[Indian Christians] about to be married gives a notice of marriage, or applies for a certificate
from a Marriage Registrar, such Marriage Registrar shall as certain whether the said 2
[Indian Christians]
understands the English language, and, if he does not, the Marriage Registrar shall translate, or cause to
be translated, such notice or certificate, or both of them, as the case may be, to such 2
[Indian Christians]
into a language which he understands;
or the Marriage Registrar shall otherwise ascertain whether the
2
[Indian Christians] is cognizant of
the purport and effect of the said notice and certificate.
58. Indian Christians to be made to understand declarations.—When any 2
[Indian Christians] is
married under the provisions of this Part, the person solemnizing the marriage shall ascertain whether
such 2
[Indian Christians] understands the English language, and, if he does not, the person solemnizing
the marriage shall, at the time of the solemnization, translate, or cause to be translated, to such 2
[Indian
Christians], into a language which he understands, the declarations made at such marriage in accordance
with the provisions of this Act.
59. Registration of marriages between Indian Christians.—The registration of marriages between
2
[Indian Christians] under this Part shall be made in conformity with the rules laid down in section 37
(so far as they are applicable), and not otherwise.