60. On what conditions marriages of 1
[Indian Christians] may be certified.—Every marriage
between 1
[Indian Christians] applying for a certificate, shall, without the preliminary notice required
under Part III, be certified under this Part, if the following conditions be fulfilled, and not otherwise:—
(1) the age of the man intending to be a married 2
[shall not be under 3
[twenty-one years]], and the age
of the woman intending to be married 4
[shall not be under 5
[eighteen years]];
(2) neither of the persons intending to be married shall have a wife or husband still living;
(3) in the presence of a person licensed under section 9, and of at least two credible witnesses other
than such person, each of the parties shall say to the other—
“I call upon these persons here present to witness that. 1, A. B., in the presence of Almighty God,
and in the name of our Lord Jesus Christ, do take thee, C. D., to be my lawful wedded wife
[or husband]” or words to the like effect:
6
* * * * *
61. Grant of certificate.—When, in respect to any marriage solemnized under this Part, the
conditions prescribed in section 60 have been fulfilled, the person licensed as aforesaid, in whose
presence the said declaration has been made, shall, on the application of either of the parties to such
marriage, and, on the payment of a fee of four annas, grant a certificate of the marriage.
The certificate shall be signed by such licensed person, and shall be received in any suit touching the
validity of such marriage as conclusive proof of its having been performed.
7
[62. Keeping of register-book and deposit of extracts therefrom with Registrar
General.—(1) Every person licensed under section 9 shall keep in English, or in the vernacular language
in ordinary use in the district or State in which the marriage was solemnized, and in such form as the State
Government by which he was licensed may from time to time prescribe, a register-book of all marriages
solemnized under this Part in his presence, and shall deposit in the office of the Registrar General of
Births, Deaths and Marriages for the territories under the administration of the said State Government, in
such form and at such intervals as that Government may prescribe, true and duly authenticated extracts
from his register-book of all entries made therein since the last of those intervals.]
8
* * * * *
63. Searches in register book and copies of entries.—Every person licensed under this Act to grant
certificates of marriage, and keeping a marriage-register-book under section 62, shall at all reasonable
times, allow search to be made in such book, and shall, on payment of the proper fee, give a copy,
certified under his hand, of any entry therein.
64. Books in which marriages of Indian Christians under Part I or Part III are registered.—The
provisions of sections 62 and 63, as to the form of the of register-book, depositing extracts therefrom,
1. Subs. by the Act A.O. 1950, for “Native Christians”
2. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for “shall exceed sixteen years”.
3. Subs. by Act 2 of 1978, s. 6 and the Schedule, for “eighteen years” (w.e.f. 1-10-1978).
4. Subs. by Act 48 of 1952, s. 3 and the Second Schedule, for “shall exceed thirteen years”.
5. Subs. by Act 2 of 1978, s. 6 and Schedule, for “fifteen years” (w.e.f. 1-10-1978).
6. Proviso omitted by s. 6 and the Schedule, ibid., (w.e.f. 1-10-1978).
7. Subs. by Act 2 of 1891, s. 4, for s. 62.
8. Sub-section (2) omitted by the A.O. 1950.
16
allowing searches thereof, and giving copies of the entries therein, shall, mutatis mutandis, apply to the
books kept under section 37.
65. Part VI not to apply to Roman Catholics.
Saving of certain marriages.—This Part of this Act, except so much of sections 62 and 63 as are
referred to in section 64, shall not apply to marriages between Roman Catholics. But nothing herein
contained shall invalidate any marriage celebrated between Roman Catholics under the provisions of Part
V of Act No. 25 of 1864, previous to the twenty-third day of February, 1865.