Christian Marriage Act, 1872

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THE CHRISTIAN MARRIAGE ACT, 1872 
 
 
 
CONTENTS 
 
PRELIMINARY 
 
1.  Short title 
 
2.  Enactments repealed 
 
3.  Interpretation-clause 
 
PART I 
THE 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 marriage 
 
7.  Marriage Registrars 
 
8.  Marriage Registrars in Acceding States 
 
9.  Licensing of persons to grant certificates of marriage between Native Christians 
 
PART II 
TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED 
 
10.  Time for solemnizing marriage 
 
11.  Place for solemnizing marriage 
 
PART III 
MARRIAGES SOLEMNIZED BY MINISTERS 
OF RELIGION LICENSED UNDER THIS ACT  
 
12.  Notice of intended marriage 

 
 
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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 certificate to Native Christians 
 
24.  Form of certificate 
 
25.  Solemnization of marriage 
 
PART IV 
REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS  
OF RELIGION 
 
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 Marriage Registrar, copied and sent to Registrar General 
 
35.  Copies of certificates to be entered and numbered 
 
 
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36.  Registrar to add number of entry to certificate, and send to Registrar General 
 
37.  Registration of Marriages between Native Christians by persons referred to in clauses (1), (2) 
 and (3) of section 5 
 Custody and disposal of register-book 
 
PART V 
MARRIAGES SOLEMNIZED BY, OR IN 
THE PRESENCE OF, A MARRIAGE REGISTRAR. 
 
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 where Marriage Registrar refuses certificate 
 
47.  Petition when Marriage Registrar in Acceding State refuses certificate 
 
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 marriage solemnized under Part V  
 
55.  Certificates to be sent monthly to Registrar General 
 
56.  Officers to whom Registrars in Acceding States shall send certificates.  
 
57.  Registrars to ascertain that notice and certificate are understood by Native Christians 
 
 
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58.  Native Christians to be made to understand declarations 
 
59.  Registration of marriages between Native Christians 
 
PART VI 
MARRIAGE OF NATIVE CHRISTIANS 
 
60.  On what conditions marriages of Native 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 of Native Christians under Part I or Part III are registered 
 
65.  Part VI not to apply to Roman Catholics. Saving of certain marriages 
 
PART VII 
PENALTIES 
 
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 prohibition 
 
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) 
 
74.  Unlicensed person granting certificate pretending to be licensed 
 
75.  Destroying or falsifying register-books 
 
76.  Limitation of prosecutions under Act 
 
 
 
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PART VIII 
MISCELLANEOUS 
 
77.  What matters need not be proved in respect of marriage in accordance with Act 
 
78.  Correction of errors 
 
79.  Searches and copies of entries 
 
80.  Certified copy of entry in marriage-register, etc., to be evidence 
 
81.  Certificates of certain marriages for Federal Government 
 
82.  Provincial Government to prescribe fees  
 
83.  Power to make rules 
 
84.  Power to prescribe fees and rules for Acceding States 
 
85.  Power to declare who shall be District Judge 
 
86.  Powers and functions exercisable as regards Acceding States 
 
87.  Saving of Consular marriages 
 
88.  Non-validation of marriages within prohibited degrees 
 
 
 
 
SCHEDULE I.—NOTICE OF MARRIAGE 
 
SCHEDULE II.—CERTIFICATE OF RECEIPT OF NOTICE 
 
SCHEDULE III.—FORM OF REGISTER OF MARRIAGES 
 
SCHEDULE IV.—MARRIAGE REGISTER-BOOK 
 
SHEDULE V.—[Repealed.]  
 
 
 
 
 
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THE CHRISTIAN MARRIAGE ACT, 1872 
 
lAct No. XV OF 1872 
 
[18th July, 1872] 
An Act to consolidate and amend the law relating to the solemnization 
2* * of the marriages of Christian. 
 
 Preamble. WHEREAS it is expedient to consolidate and amend the law relating to the 
solemnization 2* * of the marriages of persons professing the Christian religion; It is hereby enacted 
as follows:__ 
 
PRELIMINARY 
 
 1. Short title. This Act may be called the 3 * Christian Marriage Act, 1872. 
 
 Extent. It extends4 to 5[the whole of Pakistan] 6 * * * 
 
 7[*           *           *           *           *           *           *] 
 
 2. [Enactments repealed.] Rep. by the Repealing Act, 1938 (1 of 1938), s. 2 and Sch. 
 
 3. Interpretation-clause. In this Act, unless there is something repug nant 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; 
 
 “minor” means a person who has not completed the age of twenty-one years and who is 
not a widower or a widow; 
 
 8[*           *           *           *           *           *           *] 
 
1For the Statement of Objects and Reasons, see Gazette of India, 1871, Pt. V, p. 473 ; for Proceedings in Council, see ibid., 1870, Supplement, p. 1077 ; 
ibid., 1871, Supplement, pp. 1426, 1643 ; ibid., 1872, Supplement, pp. 257, 728, 742, 805, 813 and 858. This Act is based on 14 and 15 Vict., c. 40, and 
58 Geo. III, c. 84 (both Statutes relate to marriages in India and are now no longer in force), and Acts 5 of 1852 and 5 of 1865; the last two Acts were 
rep. by this Act. 
2The words “in India” omitted by A.O., 1949, Sch. 
3The word “Indian” omitted, ibid. 
4This Act has been declared to be in force in Balochistan by the British Balochistan Laws Regulation, 1913 (2 of 1913), s. 3. 
It has also been extended to the Leased Areas of Balochistan, see the Leased Areas (Laws) Order, 1950 (G.G. 0, 3 of 1950); also applied in the 
Federated Areas of Balochistan, see Gazette of India, 1937, Pt. I, p. 1499. 
5Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 1955), fo r “all the 
Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, Arts. 3(2) and 4, for” the whole of British India”. 
6Certain words omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch. 
7The commencement clause was rep. by the Repealing Act, 1874 (16 of 1874). 
8The definition of “Native State” which read “Native State means the territories of any Native Prince or State in alliance with Her Majesty” was rep. by 
A.O., 1937. 
 
 
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 the expression “Christians” means persons professing the Christian religion; 
 
 and the expression “Native Christians” includes the Christian descendants of Natives of 
1[Indo-Pakistan subcontinent] converted to Christianity, as well as such converts; 
 
 2[“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 (VI 
of 1886).] 
 
PART I 
THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED 
 
 4. Marriages to be solemnized according to Act.  Every marriage between persons, one or 
both of whom is 3[or are] a Christian or Christians, sh all be solemnized in accord ance with the 
provisions of the next following section; and any such marriage solemnized otherwise than in 
accordance with such provisions shall be void. 
 
 5. Persons by whom marriages may be solemnized. Marriages may be solemni zed in 
4[Pakistan]. 
 
 (1) by any person who has received episcopal ordination, provided that the marriage be 
solemnized according to the rules, rites, ceremonies and customs of the Church of which he is a 
Minister; 
 
 (2) by any Clergyman of the Church of t he Scotland, provi ded that such marriage be 
solemnized according to the rules, rites, ceremonies and customs of the Church of Scotland  
 
 (3) by any Minister of Religion licensed under this Act to solemnize marriages; 
 
 (4) by; or in the presence of, a Marriage Registrar appointed under this Act; 
 
 (5) by any person licensed under this Act to grant certificates of marriage between Native 
Christians. 
 
 5[6. Grant and revocation of licenses to solemnize marriage. The Provincial Government 
may, by notificatio n in the official Gazette, grant licences to Ministers of Religion to solem nize 
marriages, and may, by a like notification, revoke such licences]. 
 
 7. Marriage Registrars. The 6[Provincial Government] may appoint one or more Christians, 
either by name or as holding any office for the time being, to be the Marriage Registrar or Marriage 
Registrars for any district subject to its administration. 
 
 Senior Marriage Registrar. Where there are more Marriage Registrars than one in any 
district, the 6[provincial Government] shall appoint one of them to be the Senior Marriage Registrar. 
 
 
1Subs. by A. O., 1949, Sch., for “India”. 
2Ins. by the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886), s. 30. 
3Ins. by the Amending Act, 1891 (12 of 1891), s. 2 and Sch. II. 
4Subs. by A. O., 1949, Sch., for “India”. 
5Section 6 previously amended by various enactments have been subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 
3 and 2nd Sch., to read as above. 
6Subs. by A. O., 1937, for “L.G.”. 
 
 
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 Magistrate when to be Marriage Registrar. When there is only one Marriage Registrar in a 
district, and such Registrar is absent from such district, or ill, or when his office is temporarily 
vacant, the Magistrate of the district shall act as, and be, Marriage Registrar thereof during such 
absence, illness or temporary vacancy. 
 
 8. 1[Marriage Registrars in Acceding States.] Omitted by the Federal Laws (Revision and 
Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and 2nd Sch. 
 
 9. Licensing of persons to grant certificates of marriage between Native Christians. The 
2[Provincial Government]3* * * may grant a license to any Christian, either by name or as holding 
any office for the time being, authorizing him to grant certificate of marriage between Native 
Christians. 
 
 Any such license may be revoked by the authority by which it was granted, and every such 
grant or revocation shall be notified in the official Gazette. 
 
PART II 
TIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED 
 
 10. Time for solemnizing marriage. Every marriage under this Act shall be solemnized bet-
ween the hours of six in the morning and seven in the evening: 
 
 Exceptions. Provided that nothing in this section shall apply to− 
 
 (1) a Clergyman of the Church of England solemnizing a marriage under a special license 
permitting him to do so at any hour other than between six in the morning and seven in the evening, 
under the hand and seal of the Anglican Bishop of the Diocese or his Commissary, or 
 
 (2) a Clergyman of the Church of Rome solemnizing a marriage between the hours of seven 
in the evening and six in the morning, when he has received a general or special license in that behalf 
from the Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is so 
solemnized, or from such person as the same Bishop has authorized to grant such license, 4[or a 
Clergyman of the Church of Scotland solemnizing a marriage according to the rules, rites, 
ceremonies and customs of the Church of Scotland.] 
 
 11. Place for solemnizing marriage. No Clergyman of the Church of England shall solemn -
ize a marriage in any place other than a church 4[where worship is generally held according to the 
forms of the Church of England], 
 
 unless there is no  4[such] church within five miles di stance by the shortest road from such 
place, or unless he has received a special license authorizing him to do so under the hand and seal of 
the Anglican Bishop of the Diocese or his Commissary. 
 
 Fee for special license. For such special license, the Regi strar of the Diocese may charge 
such additional fee as the said Bishop from time to time authorizes. 
 
 
1This section was previously amended by A. O., 1937, and the Federal Laws (Revision and Declaration) Act, 1956 (26 of 1951), s. 4 and IIIrd Sch. 
2 Subs. by A. O., 1937, for “L. G.”. 
3Certain words previously amended by various enactments have been omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 
1981), s. 3 and 2nd Sch. 
4Ins. by the Indian Christian Marriage Act (1872) Amdt. Act, 1891 (2 of 1891), s. 2. 
  
 
 
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PART III 
MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LICENSED 
UNDER THIS ACT 
 
 12. Notice of intended marriage. Whenever a marriage is intended to be solemnized by a 
Minister of Religion licensed to solemnize marriages under this Act− 
 
 one of the persons intending marriage shall give notice in writing, according to the form 
contained in the first schedule hereto annexed, or to the like effect, to the Minister of Religion whom 
he or she desire to solemnize the marriage, and shall state therein− 
 
(a)  the name and surname, and the profession or condition, of each of the person 
intending marriage, 
 
(b)  the dwelling-place of each of them, 
 
(c)  the time during which each has dwelt there, and 
 
(d)  the church or private dwelling in which the marriage is to be solemnized: 
 
 Provided that, if either of such persons has dwelt in the place mentioned in the notice during 
more than one month, it may be stated therein that he or she has dwelt there one month and upwards. 
 
 13. Publication of such notice. If the persons intending marriage desire it to be solemnized 
in a particular church, and if the Minister of Religion to whom such notice has been delivered be 
entitled to officiate therein, he shall cause the notice to be affixed in some conspicuous part of such 
church. 
 
 Return or transfer of notice. But if he is not entitled to officiate as a Minister in such 
church, he shall, at his option, either return the notice to the person who delivered it to him, or 
deliver it to some other Minister entitled to officiate therein, who shall thereupon cause the notice to 
be affixed as aforesaid. 
 
 14. Notice of intended marriage in private dwelling. If it be intended that the marriage 
shall be solemnized in a private dwelling, the Minister of Religion, on receiving the notice prescribed 
in section 12, shall forward it to the Marriage Registrar of the district, who shall affix the same to 
some conspicuous place in his own office. 
 
 15. Sending copy of notice to Marriage Registrar when one party is a minor. When one 
of the persons intending marriage is a minor, every Minister receiving such notice shall, unless 
within twenty-four hours after its receipt he returns the same under the provisions of section 13, send 
by the post or otherwise a copy of such notice to the Marriage Registrar of the district, or, if there be 
more than one Registrar of such district, to the Senior Marriage Registrar. 
 
 16. Procedure on receipt of notice. The Marriage Registrar or Senior Marriage Registrar, as 
the case may be, on receiving any such notice, shall affix it to some conspicuous place in his own 
office, and the latter shall further cause a copy of the said notice to be sent to each of the other Mar-
riage Registrars in the same district, who shall likewise publish the same in the manner above 
directed. 
 
 
 
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 17. Issue of certificate of notice given and declaration made. Any Minister of Religion 
consenting or intending to solemnize any such marriage as aforesaid, shall, on being required so to 
do by or on behalf of the person by whom the notice was given, and upon one of the persons 
intending marriage making the declaration hereinafter required, issue under his hand a certificate of 
such notice having been given and of such declaration having been made: 
 
 Proviso. Provided− 
 
 (1) that no such certificate shall be issued until the expiration of four days after the date of the 
receipt of the notice by such Minister; 
 
 (2) that no lawful impediment be shown to his satisfaction why such certificate should not 
issue; and 
 
 (3) that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, 
by any person authorized in that behalf. 
 
 18. Declaration before issue of certificate. The certificate mentioned in section 17 shall not 
be issued until one of the persons intending marriage has appeared personally before the Minister 
and made a solemn declaration− 
 
(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, when either or both of the 
parties is or are a minor or minors, 
 
(b)  that the consent or consents required by law has or have been obtained thereto, 
or that there is no person resident in l[Pakistan] having authority to give such 
consent, as the case may be. 
 
 19. Consent of father, or guardian, or mother. The father, if living, of any minor, or, if the 
father be dead, the guardian of the person of such minor, and, in case there be no such guardian, then 
the mother of such minor, may give consent to the minor’s marriage,  and such consent is hereby 
required for the same marriage, unless no person authorized to give such  consent be resident in 
1[Pakistan]. 
 
 20. Power to prohibit by notice issue of certificate. Every person whose consent to a 
marriage is required under section 19 is hereby authorized to prohibit the issue of the certificate by 
any Minister, at any time be fore the issue of the same, by notice in writing to such Minister, 
subscribed by the person so authorised with his or her name and place of abode and position with 
respect to either of the person intending marriage, by reason of which he or she is so autho rized as 
aforesaid. 
 
 21. Procedure on receipt of notice. If any such notice be received by such Minister, he shall 
not issue his certificate and shall not solemnize the said marriage until he has examined into the 
matter of the said prohibition, and is sa tisfied that the person prohibiting the marriage has no lawful 
authority for such prohibition, 
 
 or until the said notice is withdrawn by the person who gave it. 
 
1Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and 3rd Sch., for “India”. 
 
 
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 22. Issue of certificate in case of minority. When either of the persons intending marriage is 
a minor, and the Minister is not satisfied that the consent of the person whose consent to such 
marriage is required by section 19 has been obtained, such Minister shall not issue such certificate 
until the expiration of fourteen days after the receipt by him of the notice of marriage. 
 
 23. Issue of certificate to Native Christians. When any Native Christian about to be married 
takes a notice of Marriage to a Minister of Religion, or applies for a certificate from such Minister 
under section 17, such Minister shall, before issuing the certificate, ascertain whether such Native 
Christian is cognizant of the purport and effect of the said notice or certificate, as the case may be, 
and, if not, shall translate or cause to be translated the notice or certificate to such Native Christian 
into some language which he understands. 
 
 24. Form of certificate. The certificate to be issued by such Minister shall be in the form 
contained in the second schedule hereto annexed, or to the like effect. 
 
 25. Solemnization of marriage. After the issue of the certificate by the Minister, marriage 
may be solemnized between the persons therein described according to such form or ceremony as the 
Minister thinks fit to adopt: 
 
 Provided that the marriage be solemnized in the presence of at least two witnesses besides the 
Minister. 
 
 26. Certificate void if marriage not solemnized within two months. Whenever a marriage 
is not solemnized within two months after the date of the certificate issued by such Minister as 
aforesaid, such certificate and all proceedings (if any) thereon shall be void, and no person shall 
proceed to solemnized the said marriage until new notice has been given and a certificate thereof 
issued in manner aforesaid. 
 
PART IV 
REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OR RELIGION. 
 
 27. Marriages when to be registered. All marriages hereafter solemnized in l[Pakistan] 
between persons one or both of whom professes or profess the Christian religion, except marriages 
solemnized under Part V or Part VI of this Act, shall be registered2 in manner hereinafter prescribed. 
 
 28. Registration of marriages solemnized by Clergymen of Church of England. Every 
Clergyman of the Church of England shall keep a register of marriages and shall register therein, 
according to the tabular form set forth in the third schedule hereto annexed, every marriage which he 
solemnizes under this Act. 
 
 29. Quarterly returns to Archdeaconry. Every Clergyman of the Church of England shall 
send four times in every year returns in duplicate, authenticated by his signature, of the entries in the 
register of marriages solemnized at any place where he has any spiritual charge, to the Registrar of 
the Archdeaconry to which he is subject, or within the limits of which such place is situate. 
 
Contents of returns. Such quarterly returns shall contain all the entries of marriages contained in the 
said register from the first day of January to the thirty-first day of March, from the first day of April 
to the thirtieth day of June, from the first day of July to the thirtieth day of September, and from the 
first day of October to the thirty-first day of December, of each year respectively, and shall be sent 
by such Clergyman within two weeks from the expiration of each of the quarters above specified. 
 
1Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and 3rd Sch., for “India”. 
2As to the establishment of general registry offices of births, deaths and marriages, see the Births, Deaths and Marriages Registration Act,  1886 
(6 of 1886), Ch. II. 
 
 
 
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 The said Registrar upon receiving the said returns shall send one copy thereof to the 
1[Registrar General of Births, Deaths and Marriages.] 
 
 30. Registration and returns of marriages solemnized by Clergymen of Church of 
Rome. Every marriage solemnized by a Clergyman of the Church of Rome shall be registered by the 
person and according to the form directed in that behalf by the Roman Catholic Bishop of the 
Diocese or Vicariate in which such marriage is solemnized, 
 
 and such person shall forward quarterly to the 3[Registrar General of Births, Deaths and 
Marriages] returns of the entries of all marriages registered by him during the three months next 
preceding. 
 
 31. Registration and returns of marriages solemnized by Clergymen of Church of 
Scotland. Every Clergyman of the Church of Scotland shall keep a register of marriages, 
 
 and shall register therein, according to the tabul ar form set forth in the third schedule hereto 
annexed, every marriage which he solemnizes under this Act, 
 
 and shall forward quarterly to the 2[Registrar General of Births, Deaths and Marriages], 
through the Senior Chaplain of the Church of Scotland, ret urns, similar to those prescribed in section 
29, of all such marriages. 
 
 32. Certain marriages to be registered in duplicate. Every marriage solemnized by any 
person who has received episcopal ordination, but who is not a Clergyman of the Church of Englan d, 
or of the Church of Rome, or by any Minister of Religion licensed under this Act to solemnize 
marriages, shall, immediately after the solemnization thereof, be registered in duplicate by the person 
solemnizing the same; (that is to say) in a marriage -register-book to be kept by him for that purpose, 
according to the form contained in the fourth schedule hereto annexed, and also in a certificate 
attached to the marriage-register-book as a counterfoil. 
 
 33. Entries of such marriages to be signed and attested. The entry of such marriage in both 
the certificate and marriage -register-book shall be signed by the person solemnizing the marriage, 
and also by the persons married, and shall be attested by two credible witnesses, other than the 
person solemnizing the marriage, present at its solemnization. 
 
 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. 
 
 34. Certificate to  be forwarded to Marriage Registrar, copied and sent to Registrar 
General. The person solemnizing the marriage shall forthwith separate the certificate from the 
marriage-register-book and send it, within one month from the time of the solemnization, to the  
Marriage Registrar of the district in which the marriage was solemnized, or, if there be more 
Marriage Registrars than one, to the Senior Marriage Registrar, 
 
 who shall cause such certificate to be copied into a book to be kept by him for that purpose, 
 
1Subs. by Act 6 of 1886, s. 30 (b), for “Secretary to the L.G.”. 
2Subs. by the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886), s. 30 (b), for the words “Secretary to the L.G.”. 
 
 
 
 
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 and shall send all the certificates which he has received during the month, with such number 
and signature or initials added thereto as are hereinafter required, to the l[Registrar General of Births, 
Deaths and Marriages]. 
 
 35. Copies of certificates to be entered and numbered. Such copies shall be entered in 
order from the beginning to the end of the said book, and shall bear both the number of the certificate 
as copied, and also a number to be entered by the Marriage Registrar, indicating the number of the 
entry of the said copy in the said book according to the order in which he receives each certificate. 
 
 36. Registrar to add number of entry to certificate, and send to Registrar General. The 
Marriage Registrar shall also add such last-mentioned number of the entry of the copy in the book to 
the certificate, with his signature or initials, and shall, at the end of every month, send the same to the 
l[Registrar General of Births, Deaths and Marriages]. 
 
 37. Registration of marriages between Native Christians by persons referred to in 
clauses (1), (2) and (3) of section 5. When any marriage between Native Christians is solemnized 
2[by any such person, Clergyman or Minister of Religion as is referred to in clause (1), clause (2) or 
clause (3) of section 5], the person solemnizing the same shall, instead of proceeding in the manner 
provided by sections 28 to 36, both inclusive, register the marriage in a separate register-book, and 
shall keep it safely until it is filled, or, if he leave the district in which he solemnized the marriage 
before the said book is filled, shall make over the same to the person succeeding to his duties in the 
said district. 
 
 Custody and disposal of register-book. Whoever has the control of the book at the time 
when it is filled, shall send it to the Marriage Registrar of the district, or, if there be more Marriage 
Registrars than one, to the Senior Marriage Registrar, who shall send it to the l[Registrar General of 
Births, Deaths and Marriages], to be kept by him with the records of his office. 
 
PART V 
MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE 
REGISTRAR 
 
 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. 
 
lSubs. by the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886), s. 30 (b), for “Secretary to the L.G.”. 
2Subs. by the Repealing and Amending Act, 1928 (18 of 1928), s. 2 and Sch. I, for “under Part I or Part III of this Act”. 
 
 
 
 
Page 14 of 28 
 
 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 
twenty-four 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 1[Provincial 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. 
 
 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: 
 
 Provisio. 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 
 
(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 3[Pakistan] authorized to 
give such consent, as the case may be. 
 
lSubs. by A. O., 1937, for “L. G.”. 
2As to meaning of “oath” see s. 3,cl. (36) and s. 4 of the General Clauses Act, 1897 (10 of 1897). 
3Subs. by A. O, 1949, Sch. for “India”. 
 
 
 
Page 15 of 28 
 
 43. [Petition to High Court to order certificate in less than fourteen days.] Omitted by A.O. 
1949, Schedule. 
 
 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 “for bidden” 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, 1* * * to the District Judge: 
 
 Procedure on petition. And the said 2* * * District Judge 3* * * may examine the allegations 
of the petition in a summary way: 
 
 And, if upon examination such marriage appears proper, such 2* * * District Judge 3* * * 
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 where Marriage Registrar refuses certificate. Whenever a Marriage Registrar 
refuses to issue a certi ficate under this Part, either of the parties intending marriage may apply by 
petition 4* * * to the District Judge. 
 
 Procedure of petition. The said 5* * * District Judge 6* * * may examine the alleg ations of 
the petition in a summary way, and shall decide thereon. 
 
1The words “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” omitted by A. O, 1949, Sch. 
2The words “Judges of the High Court, or” omitted, ibid. 
3The words and commas, “, as the case may be,” omitted by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with 
effect from the 14th October 1955). 
4The words “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” omitted by A.O., 1949, Sch. 
5The words “Judges of the High Court, or” omitted, ibid. 
6The words and commas, “as the case may be,”omitted by the Cen tral Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2 nd Sch., (with 
effect from the 14th October, 1955). 
 
 
 
Page 16 of 28 
 
 The decision of such 1* * * District Judge 2* * * 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. 
 
 347. [Petition when Marriage Registrar in Acceding State refuses certificate.] Omitted by the 
Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981) s. 3 and IInd Sch. 
 
 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, 4* * * 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 1* * * District Judge 2* * * shall examine into the allegations of the petition and 
the circumstances of the case; 
 
 and,  if  up on  such  examination,  it  appears,  that  the  person  forbidding  the  issue  
of  such  certificate  is  not  authorized  by  law  so to do, such 3* * * District Judge 4* * * 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. 
 
 5[*          *           *           *           *           *           *] 
 
 49. Liability for frivolous protest against issue of certificate. Every person entering a 
protest with the Marriage Re gistrar, under this Part, against the issue of any certificate, on gro unds 
which such Marriage Registrar, under section 44 6* * *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 7[Provincial Government] shall furnish to every Marriage Registrar a sufficient 
number of forms of certificate. 
 
1The words “Judge of the High Court, or” omitted by A. O., 1949), Sch.  
2The words and commas, “as the case may be,” omitted by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., (with 
effect from the 14th October, 1955). 
3This section was previously amended by A. O., 1937, F.A.O., 1975, Art. 2 and Table and the Federal Laws (Revision and Declaration) Act, 1951 (26 
of 1951), s. 4 and 3rd Sch. 
4The words “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” omitted by A. O., 1949, Sch. 
5Paragraphs 6, 7 and 8 previously amended by various laws have been omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 ( 27 of 
1981), s. 3 and 2nd Sch. 
6The words “or a Judge of the High Court” omitted by A. O., 1949 Sch. 
7Subs. by A.O.,1937, for “L.G.” 
 
 
 
 
Page 17 of 28 
 
 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 Registrar 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.” 
 
 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 the, 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 bas 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 marriage 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 certificate 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. 
 
 
 
Page 18 of 28 
 
 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 l[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 l[Registrar General of Births, Deaths and Marriages], to 
be kept by him with the records of his office. 
 
 2[56. Officers to whom Registrars in Acceding States shall send certificates.] Omitted by the 
Federal Laws. (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and IInd Sch. 
 
 57. Registrars to ascertain that notice and certificate are understood by Native 
Christians. When any Native Christian about to be married gives a notice of marriage, or applies for 
a certificate from a Marriage Registrar, such Marriage Registrar shall ascertain whether the said 
Native Christian 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 Native Christian into a language which he understands; 
 
 or the Marriage Registrar shall otherwise ascertain whether the Native Christian is cognizant 
of the purport and effect of the said notice and certificate. 
 
 58. Native Christians to be made to understand declarations. When any Native Christian 
is married under the provisions of this Part, the person solemnizing the marriage shall ascertain 
whether such Native Christian 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 Native Christian, 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 Native Christians. The registration of marriages 
between Native 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. 
 
3PART VI 
MARRIAGE OF NATIVE CHRISTIANS 
 
 60. On what conditions marriages of Native Christians may be certified . Every marriage 
between Native 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 intend ing to be married shall exceed *[sixteen] years, and the age of 
the woman intending to be married shall exceed *[thirteen] years; 
 
  
 (2) neither of the persons intending to be married shall have a wife or husband still living; 
 
 
1Subs. by the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886), s. 30 (b) for” Secretary to the L. G”. 
2This section was previously amended by Act 6 of 1886, s.30, A. O., 1937 and Act 26 of 1951, s. 4 and 3rd Sch. 
3As to validation of past marriages solemnized under Part VI between persons of whom one only was a Native Christian, and penalty for solemnizing 
such marriages under Part VI in future, see the Marriages Validation Act, 1892 (2 of 1892). 
*The word “eighteen” substituted with the word “sixteen” and the word “thirteen” to the extent of Islamabad Capital Territory by Act No. XIV of 2024, 
s. 2. Thus, the sub-section (1) to the extent of Islamabad Capital Territory reads as under :  
“(1) the age of the man intending to be married shall exceed [eighteen] years, and the age of the woman intending to be married shall exceed [eighteen] 
years;”. 
 
 
 
Page 19 of 28 
 
 (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 I, 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: 
 
 Provided that no marriage shall be certified under this Part when either of the parties 
intending to be married has not completed his or her eighteenth year, unless such consent as is men-
tioned in section 19 has been given to the intended marriage, or unless it appears that there is no 
person living authorized to give such consent. 
 
 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. 
 
 1[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  2* * in which  the  marriage  was  
solemnized,  and  in such  form  as the  3[Provincial  Government]  by which  he was  licensed  
may  from  time  to time  prescribe 4, 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 3[Provincial Government] in such 
form and at such intervals as th at Government may prescribe, true and duly authenticated extracts 
from his register-book of all entries made therein since the last of those intervals. 
 
 5*   *   *   *   *   *   * 
 
 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 an entry therein. 
 
 64. Books in which marriages of Native Christians under Part I or Part III are 
registered. The provisions of sections 62 and 63, as to the form of the register -book, depositing 
extracts therefrom, allowing searches thereof, and giv ing 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. XXV of 1864 6, 
previous to the twenty-third day of February, 1865. 
1Subs. by the Indian Christian Marriage Act (1872) Amdt. Act, 1891(2 of 1891), s. 4, for the original s. 62. 
2The words “or State” omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch. 
3Subs. by A.O., 1937, for “L. G.”. 
4For notifications issued by different Governments, see the different Local R. and O. 
5Sub-section (2) omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch. 
6Act XXV of 1864 rep. by Act V of 1865, which was rep. by this Act. 
 
 
 
Page 20 of 28 
 
PART VII 
PENALTIES 
 
 1[66. False oath declaration, notice or certificate for procuring marriage. Whoever, for 
the purpose of procuring a marriage or license of marriage, intentionally,— 
 
(a)  where an oath or declaration is required by this Act, or by any rule or custom 
of a Church according to the rites and ceremonies of which a marriage is 
intended to be solemnized, such Church being the Church of England or of 
Scotland or of Rome, makes a false oath or declaration, or, 
 
(b)  where a notice or certificate is required by this Act, signs a false notice or 
certificate, shall be deemed to have committed the offence punishable under 
section 193 of the Pakistan Penal Code (XLV of 1860) with imprisonment of 
either description for a term which may extend to three years and, at the 
discretion of the Court, with fine.] 
 
 67. Forbidding, by false personation issue of certificate by Marriage Registrar. Whoever 
forbids the issue, by a Marriage Registrar, of a certificate,  by falsely representing himself to be a 
person whose consent to the marriage is required by law, knowing or believing such representation to 
be false, or not having reason to believe it to be true, shall be deemed guilty of the offence described 
in section 205 of the Pakistan Penal Code (XLV of 1860). 
 
 2[68. Solemnizing marriage without due authority. Whoever, not being authorised by 
section 5 to solemnize marriages, solemnizes or professes to solemnize in the abse nce of a Marriage 
Registrar of the dist rict in which the ceremony takes place, a marriage between persons one or both 
of whom is or are a Christian or Christians, shall be punished with imprison ment which may extend 
to ten years, and shall also be liable to fine.] 
 
 69. Solemnizing marriage ou t of proper time, or without witnesses. Whoever knowingly 
and wilfully solemnizes a marriage between persons one or both of whom is or are a Christian or 
Christians, at any time other than between the hours of six in the morning and seven in the evening, 
or in the absence of at least two credible witnesses other than the person solemnizing the marriage, 
shall be punished with imprisonment for a term which may extend to three years, and shall also be 
liable to fine. 
 
 Saving of marriages solemnized under spe cial license. This section does not apply to 
marriages solemnized under special licenses granted by the Anglican Bishop of the Diocese or by his 
Commissary, nor to marriages performed between the hours of seven in the evening and six in the 
morning by a Clergyman of the Church of Rome, when he has received the general or special license 
in that behalf mentioned in section 10. 
 
 3[Nor does this section apply to marriages solemnized by a Clergyman of the Church of 
Scotland according to the rules, rites, ceremonies, and customs of the Church of Scotland.] 
 
 
1Subs. by the Indian Christian Marriage Act (1872) Amdt. Act 1891 (2 of 1891), s. 5, for the original s. 66. 
2Section 68 as amended by the Indian Christian Marriage Act, (1872) Amdt. Act, 1891 (2 of 1891), s .6, A. O.,1961, Art. 2 and Sch. (w.e.f. 23-3-1956), 
has been subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and 2nd Sch., to read as  above. 
3Ins. by s. 7 of Act 2 of 1891. 
 
 
 
Page 21 of 28 
 
 70. Solemnizing without notice or within fourteen days after notice, marriage with 
minor. Any Minister of Religion licensed to solemnize marriages under this Act, who, without a 
notice in writing, or, when one of the parties to the marriage is a minor, and the required consent of 
the parents or guardians to such marriage has not been obtained. within fourteen days after the 
receipt by him of notice of such marriage, knowingly and wilfully solemnizes a marriage under Part 
III, shall be punished with imprisonment for a term which may extend to three years, and shall also 
be liable to fine. 
 
 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 prohibition. A Marriage 
Registrar under this Act, who commits any of the following offences:__ 
 
 (1) knowingly and wilfully issues any certificate for marriage, or solemnizes any marriage, 
without publishing the notice of such marriage as directed by this Act; 
 
 1[(2) after the expiration of two months after the copy of the notice has been entered as 
required by section 40 in respect of any marriage, solemnizes such marriage;] 
 
 (3) solemnizes, without any order of a competent Court authorizing him to do so, any 
marriage, when one of the parties is a minor, before the expiration of fourteen days after the receipt 
of the notice of such marriage, or without sending by the post or otherwise, a copy of such notice to 
the Senior Marriage Registrar of the district if there be more Marriage Registrars of the district than 
one, and if he himself be not the Senior Marriage Registrar; 
 
 (4) issues any certificate the issue of which has been prohibited, as in this Act provided, by 
any person authorized to prohibit the issue thereof, 
 
 shall be punished with imprisonment for a term which may extend to five years, and shall 
also be liable to fine. 
 
 72. Issuing certificate after expiry of notice, or, in case of minor, within fourteen days 
after notice, or against authorized prohibition. Any Marriage Registrar knowingly and wilfully 
issuing any certificate for marriage after the expiration of 2[two months] after the notice has been 
entered by him as aforesaid, 
 
 or knowingly and wilfully issuing, without the order of a competent Court authorizing him so 
to do, any certificate for marriage, where one of the parties intending marriage is a minor, before the 
expiration of fourteen days after the entry of such notice, or any certificate the issue of which has 
been forbidden as aforesaid by any person authorized in this behalf, shall be deemed to have 
committed an offence under section 166 of the Pakistan Penal Code. (XLV of 1860). 
 
 73. Persons authorized to solemnize marriage(other than Clergy of Churches of Enland, 
Scotland or Rome); Whoever, being authorized under this Act to solemnize a marriage, 
 
 and not being a Clergyman of the Church of England, solemnizing a marriage after due 
publication of banns, or under a license from the Anglican Bishop of the Diocese or a Surrogate duly 
authorized in that behalf, 
 
1Subs. by the Indian Christian Marriage Act (1872) Arndt. Act, 1891 (2 of 1891) s. 8 (1) for the original clause (2). 
2Subs. ibid. s. 8 (2), for “three months”. 
 
 
Page 22 of 28 
 
 or, not being a Clergyman of the Church of Scotland, solemnizing a marriage according to 
the rules, rites, ceremonies and customs of that church, 
 
 or, not being a Clergyman of the Church of Rome, solemnizing a marriage according to the 
rites, rules, ceremonies and customs of that church, 
 
 Issuing certificate or marrying, without publishing notice, of after expiry of certificate; 
knowingly and wilfully issues any certificate for marriage under this Act, or solemnizes any 
marriage between such persons as aforesaid, without publishing, or causing to be affixed, the notice 
of such marriage as directed in Part III of this Act, or after the expiration of two months after the 
certificate has been issued by him; 
 
 Issuing certificate for, or solemnizing, marriage with minor, within fourteen days after 
notice; or knowingly and wilfully issues any certificate for marriage, or solemnizes a marriage 
between such persons when one of the persons intending marriage is a minor, before the expiration 
of fourteen days after the receipt of notice of such marriage, or without sending, by the post or 
otherwise, a copy of such notice to the Marriage Registrar, or, if there be more Marriage Registrar 
than one, to the Senior Marriage Registrar of the district; 
 
 Issuing certificate authorizedly forbidden; or knowingly and wilfully issues any certificate 
the issue of which has been forbidden, under this Act, by any person authorized to forbid the issue; 
 
 Solemnizing marriage authorizedly forbidden. or knowingly and wilfully solemnizes any 
marriage forbidden by any person authorized to forbid the same; 
 
 shall be punished with imprisonment for a term which may extend to four years, and shall 
also be liable to fine. 
 
 74. Unlicensed person granting certificate pretending to be licensed. Whoever, not being 
licensed to grant a certificate of marriage under Part VI of this Act, grants such certificate intending 
thereby to make it appear that he is so licensed, shall be punished with imprisonment for a term 
which may extend to five years ,and shall also be liable to fine. 
 
 1[Whoever, being licensed to grant certificates of marriage under Part VI of this Act, without 
just cause refuses, or wilfully neglects or omits, to perform any of the duties imposed upon him by 
that Part shall be punished with fine which may extend to one hundred rupees.] 
 
 75. Destroying or falsifying register-books. Whoever, by himself or another, wilfully 
destroys or injures any register-book or the counterfoil certificates thereof, or any part thereof, or any 
authenticated extract therefrom, 
 
 or falsely makes or counterfeits any part of such register-book or counterfoil certificates, 
 
 or wilfully inserts any false entry in any such register -book or counterfoil certificate or 
authenticated extract, 
 
 shall be punished with impris onment for a term which may extend to seven years, and shall 
also be liable to fine. 
 
1Ins. by the Indian Christian Marriage Act (1872) Amdt. Act, 1891 (2 or 1891), s. 9. 
 
 
Page 23 of 28 
 
 76. Limitation of prosecutions under Act. The prosecution for every offence punishable 
under this Act shall be commenced within two years after the offence is committed. 
 
PART VIII 
MISCELLANEOUS 
 
 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. Correction 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. 
 
 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 o r 
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. 
 
lSubs by the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886), s. 30 (b), for “Secretary to the L. G.”and “Secretary to a L. G.” 
respectively. 
 
 
 
Page 24 of 28 
 
 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 an 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 for Federal Government. The Registrar General of 
Birth, 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[Federal Government]. 
 
 82. Provincial 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 Registrar; 
 
 searching register-books or certificates, or duplicates of copies thereof; 
 
 giving copies of entries in the same under sections 63 and 79. 
 
The 9[Provincial 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. The 9[Provincial Government] may make rules 10 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. 
 
 84. 11[Power to prescribe fees and rules for Acceding States.] Omitted by the Federal Laws 
(Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and IInd Sch. 
 
1Subs. by the Births, Deaths and Marriages Registration Act, 1886 (6 of 1886), s. 30 (b), for “Secretary to the L.G.” and “Secretary to a L.G.”, 
respectively. 
2Subs. by the Indian Christian Marriage (Amdt.) Act, 1911 (13 of 1911), s. 2, for the original s. 81. 
3The words and figure “and the officers appointed under section 56” omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981(27 of 
1981), s. 3 and 2nd Sch. 
4Subs. ibid., for “them, respectively”. 
5Subs. by A. O., 1937, for “the G.G. in C.”. 
6Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government” which was subs. by A.O., 1949, Sch., for “Secretary of State for India”. 
7Subs. by the Repealing and Amending Act, 1903 (1 of 1903), s. 3 and 2nd Sch., for “certificate of marriages”. 
8Subs. ibid., for “marriage certificates” . 
9Subs. by A. O., 1937, for “ L. G.”. 
10For rules made under s. 83 by different Govts. see the different Local Rules and Orders. 
11This section was amended by A. O.,1937 and the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and 3rd Sch. 
 
 
 
 
Page 25 of 28 
 
 
 85. Power to declare who shall be District Judge. The l[provincial 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. 2[Powers and functions exercisable as regards Acceding States.] Omitted by the Federal 
Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and IInd Sch. 
 
 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. 
 
SCHEDULE I 
(See sections 12 and 38) 
NOTICE OF MARRIAGE 
To 
a Minister [or Registrar] of 
 I hereby give you notice that a marriage is intended to be had, within three calendar months 
from the date thereof, between me and the other party herein named and described (that is to say):— 
Names 
Condition. 
Rank or profession. 
Age. 
Dwelling place. 
Length of residence. 
Church, chapel or place of 
worship in which the marriage is 
to be solemnized. 
District in which the other party 
resides, when the parties dwell in 
different districts. 
 
James 
Smith 
Widower. 
Carpenter. 
Of full age. 
16, Clive 
Street. 
23 days 
 
Free Church of Scotland Church, 
Calcutta. 
 
 
 
Martha Green. 
Spinster. 
… 
Minor 
20, Hastings Street. 
More than a month  
Witness my hand,         this day of seventy-two. 
 
(Signed) JAMES SMITH 
 
 [The italics in this schedule are  to be filled up, as the case may be, and the blank division 
thereof is only to be filled up when one of the parties lives in another district.] 
1Subs. by A. O., 1937, for “ L. G.”. 
2This section was amended by A. O., 1937, Act 38 of 1920 and Act 26 of 1951. 
 
 
Page 26 of 28 
 
SCHEDULE II 
(See sections 24 and 50) 
CERTIFICATE OF RECEIPT OF NOTICE 
 
 I, do hereby certify that, on the day of, notice 
was duly entered in my Marriage Notice Book of the marriage intended between the parties therein 
named and described, delivered under the hand of one of the parties (that is to say) :___ 
 
 and that the declaration, 1[or oath] required by section 17 or 41 of the Christian Marriage Act, 
1872 (XV of 1872) has been duly made by the said (James Smith). 
 
 The issue of this certificate has not been prohibited by any person authorized to forbid the 
issue thereof. 
 
 Date of notice entered 
 Date of certificate given 
 Witness my hand, this day of seventy-two 
(Signed) 
 This certificate will be void, unless the marriage is solemnized on or before the day of 
 
 [The italics in the schedule are to be filled up, as the case may be, and the blank division 
thereof is only to be filled up when one of the parties lives in another district.] 
 
 
 
 
 
1Ins. by the Repealing and Amending Act, 1903 (1 of 1903), s.3. 
 
Names 
Condition. 
Rank or 
profession. 
Age. 
Dwelling place. 
Length of 
residence. 
Church, chapel or 
place of worship 
in which the 
marriage is to be 
solemnized. 
District in which 
the other party 
resides, when the 
parties dwell in 
different districts. 
James Smith. 
Widower. 
Carpenter. 
Of full age. 
16, Clive Street. 
23 days 
 
Free Church of Scotland Church, 
Calcutta. 
 
 
Martha Green. 
Spinster. 
… 
Minor 
20, Hastings 
Street. 
More than a 
month 
 
 
Page 27 of 28 
 
SCHEDULE III 
(See sections 28 and 311) 
 
FORM OF REGISTER OF MARRIAGES 
Quarterly  Returns 
 
of 
 MARRIAGES 
 
for 
 
 The Archdeaconry of 2* * * 
 
 I,        , Registrar of the Archdeaconry of 2* * * do hereby certify that the annexed are correct 
copies of the originals and Official Quarterly Returns of Marriage within the Archdeaconry of 2* * * 
as made and transmitted to me for the quarter commencing the                 day of             ending the 
day of                             in the year of Our Lord 
 
[Signature of Registrar] 
 
Registrar of the Archdeaconry of 2* * * 
 
MARRIAGES solemnized at 2* * * 
 
When Married Names of 
Parties 
Age. 
Condition. 
Rank of profession. 
Residence at the time of 
marriage. 
Father’ s name and 
surname. 
By banns or license. 
Signatures of the parties. 
Signatures of two or more 
witnesses present. 
Signature of the person 
solemnizing the marriage. 
Year. 
Month. 
Day. 
Christian. 
Surname. 
 
 
 
 
 
 
 
 
          
 
SCHEDULE IV 
(See sections 32 and 54) 
MARRIAGE REGISTER BOOK 
 
 
1Subs. by the Second Schedule of the Amending Act, 1891 (12 of 1891), for the original reference. 
2Names of certain cities (Indian) omitted by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s.3 and 2nd Sch. 
Number. When Married. Names of parties. 
 
Age. Condition. Rank or 
profession. 
Residence 
at the 
time of 
marriage. 
Father’s 
name 
and 
surname. 
Christian 
name. 
 
Surname. 
 
 
1 
 
Day. 
 
Month. 
 
Year. 
       
 
 
  
James 
Martha. 
White 
Duncan. 
26 
years 
17 
years. 
Widower 
Spinster. 
Carpenter 
… 
Agra 
Agra. 
William 
White 
John 
Duncan. 
 
 
Page 28 of 28 
 
 
Married in the       
               
This marriage was solemnized between us  James White,         in the presence of us 
                                                                      Martha Duncan        
 
 
CERTIFICATE OF MARRIAGE 
 
 
 
 
Married in the 
, 
This marriage was solemnized between us  James White,          in the presence of us 
                                                                     Martha Duncan, 
 
 
 
 
SCHEDULE V.—[ENACTMENTS REPEALED.] Rep. by the Repealing Act, 1938 (I of 1938), s. 2 
and Sch. 
 
 
 
 
 
 
 
 
 
 
 
 
                                                                                                                                 Date: 11-09-2024 
Number. When Married. Names of parties 
 
Age. Condition. Rank or 
profession. 
Residence 
at the 
time of 
marriage. 
Father’s 
name 
and 
surname. 
Christian 
name. 
 
Surname. 
 
 
1 
 
Day. 
 
Month. 
 
Year. 
       
 
 
  
James 
Martha 
White 
Duncan 
26 
years 
17 
years 
Widower 
Spinster 
Carpenter 
… 
Agra 
Agra 
William 
White 
John 
Duncan 
John Smith. 
 
John Green, 
John Smith 
John Green.