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CHRISTIAN MARRIAGE ACT, 1872

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CHRISTIAN MARRIAGE ACT, 1872 (XV of 1872)

TEXT CHRISTIAN MARRIAGE ACT, 1872 (XV of 1872) [18th July, 1872] An Act to consolidate and amend the law relating to the solemnization of the marriage of Christians. Preamble.– Whereas it is expedient to consolidate and amend the law relating to the solemnization of the marriage of persons professing the Christian religion: It is hereby enacted as follows:– PRELIMINARY

Section 1. Short title, extend, commencement

This Act may be called the Christian Marriage Act, 1872. It extends to the whole of Pakistan and, so far only as regards Christian citizens of Pakistan to the Acceding States. [Repealed by the Repealing Act, XVI of 1874].

Section 2. [Enactments repealed]

Rep. By the Repealing Act, 1938 (I of 1938). S. 2 and Sch.

Section 3. Interpretations

In this Act, unless there is something repugnant 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 chappel 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;

the expression “Christians” means persons professing the Christian religion; and the expression “Native Christians” includes the Christian descendants of Natives of Indo-Pakistan sub-continent converted to Christianity, as well as such converts;

“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.

PART-I THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED

Section 4. Marriages to be solemnized according to Act

Every marriage between persons, one or both of whom is or are a Christian or Christians, shall be solemnized in accordance with the provisions of next following section; and any such marriage solemnized otherwise than in accordance with such provisions shall be void.

Section 5. Persons by whom marriages may be solemnized

Marriage may be solemnized in 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 Scotland, provided that such marriage be solemnized according to the rules rites, ceremonies customs of the Church of Scotland;

(3) by any Minister of Religion licensed under this Act ot solemnize marriage;

(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.

Section 6. Grant and revocation of licenses to solemnize marriage

The Provincial Government so far as regards the territories under its administration, and the Central Government so far as regards any Acceding State may, by notification in the official Gazette, grant licenses to Ministers of Religion to solemnize marriages within such territories and State, respectively, and may by a like notification, revoke such licenses.

Section 7. Marriage Registrars

The Provincial Government may appoint one or more Christians, either by name or as holding any office for any district subject to its administration. Senior marriage Registrars. Where there are more marriage Registrars than one in any district, the Provincial Government shall appoint one of them to be the Senior Marriage Registrar. 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.

Section 8. Marriage Registrars in Acceding States

The Central Government may, by notification in the official Gazette appoint any Christian, either by name or asw holding any office for the time being, to be a Marriage Registrar in respect of any district or place within any Acceding State.

Section 9. Licensing of persons to grant certificates of marriage between Native Christians

The Provincial Government or (so far as regards and Acceding State) the Central Government 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

Section 10. Time for solemnizing marriage

Every marriage under this Act shall be solemnized between the hours of six in the morning and seven in the evening:

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 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, or

(3) a Clergyman of the church of Scotland solemnizing a marriage according to the rule, rites, ceremonies and customs of the Church of Scotland.

Section 11. Place of solemnizing marriage

No clergyman of the Church of England shall solemnize a marriage in any place other than a church, where worship is generally held according to the forms of the church of England: 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 Registrar of the Diocese may charge such additional fee as the said Bishop from time to time authorizes.

PART III

MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LECENSED UNDER THIS ACT

Section 12. Notice of intended marriage

Whenever a marriage is intended to be solemnized by a Minister of Religion licensed to solemnize marriage 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 the like effect, to the Minister of Religion whom he or she desires to solemnize the marriage, and shall state therein:–

(a) the name and surname, and the profession or condition, of each of the persons 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.

Section 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.

Section 14. Notice of intended marriage in private dwelling

If it be intended that the marriage shall be solemnized in a private dwelling; Minister of Religion, on receiving the notice prescribed in section 15 shall forward it to the Marriage Registrar of the district, who shall affix the same to some conspicuous place in his own office.

Section 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.

Section 16. Procedure on receipt of notice

The 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 Marriage Registrar in the same district, who shall likewise publish the same in the manner above directed.

Section 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 declaration having been made.

Provided–

(1) that no such certificate shall be issued until the expiration of four days after the date 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 certificate has not been forbidden, in manner hereinafter mentioned, by any person authorized.

Section 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 ore both of the parties is or are minor or minors.

(b) That the consent or consents required by law has or have been obtained there is no person resident in Pakistan having authority to give such consent, as the case may be.

Section 19. Consent of father or guardian or mother

The father, if living, of any minor, or if, the father be dead, the guardian 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 Pakistan.

Section 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 before the issue of the same, by notice in writing to such Minister, subscribed by the person so authorized with his or her name and place of abode and position with respect to either of the persons intending marriage by reason of which he or she is so authorized as aforesaid.

Section 21. Procedure on receipt of notice

If any such notice be received by such Minster 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 satisfied that the person prohibiting the marriage has not lawful authority for such prohibition, or until the said notice is withdrawn by the person who gave it.

Section 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.

Section 23. Issue of certificate to Native Christians

When any Native Christian about to be married takes 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.

Section 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.

Section 25. Solemnization of marriage

After the issue of the certificate by 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.

Section 26. Certificates void if marriage not solemnized within two months

Whenever a marriage is not solemnized with 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 solemnize the said marriage until new notice has been given and a certificate thereof issued in the manner aforesaid.

PART IV

REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION

Section 27. Marriages when to be registered

All marriages hereafter solemnized in 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, be registered in the manner hereinafter prescribed.

Section 28. Registration of marriages solemnized by Clergymen of Church of England

Every Clergymen 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.

Section 29. Quarterly returns to Archdeaconry

Every Clergyman of the Church of England shall send four times in every year return in duplicate, authenticated by his signature, of the entries in the register of marriages solemnized any place where he has any spiritual charge, to the Registrar of the Archdeaconry to which he is subject, or tithing 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 form 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. The said Registrar upon receiving the said returns shall send one copy thereof to the Registrar General of Birth Deaths and Marriages.

Section 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 Register General of Births, Deaths and Marriages returns of the entries of all marriages registered by him during the three months next preceding.

Section 31. Registration and returns of marriages solemnized by Clergymen of Church of Scotland

Every Clergymen of the Church of Scotland 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, and shall forward quarterly to the Registrar General of Births, Death and Marriages, through the Senior Chaplain of the Church of Scotland, returns,

similar to those prescribed in section 29, of all such marriages.

Section 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 England, 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 duplicated by 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 be marriage-register-book as a counterfoil.

Section 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.

Section 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. 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 Registrar General of Births, Deaths and Marriages.

Section 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.

Section 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 in the book to the certificate, with his signature or initials, and shall, at the end of every month send the same to the Registrar General of birth Deaths and Marriages.

Section 37. Registration of marriages between Native Christians by persons referred to clauses (1), (2) and (3)of section 5

When any marriage between Native Christians is solemnized by any such person, Clergyman or Minister of Religion as is referred to in clause (1) clause (2) or clause (30 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 leaves 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 Senior Marriage Registrar, who shall send it to Registrar General of Birth, Deaths and Marriages, to be kept by kept by him with the records of his office.

PART V

MARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, A MARRIAGE REGISTRAR

Section 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 district, 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.

Section 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 minor, every Marriage Registrar shall, within twenty-four hours after the receipt by him of the notice of such marriage, send, by post of 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.

Section 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 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 a persons desirous of inspecting the same.

Section 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 Register 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 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.

Section 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 oath–

(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 district 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 Pakistan authorized to give such consent, as the case may be.

Section 43. [Petition to High Court to order certificate in less than fourteen days]

omitted by A.O., 1949, Schedule.

Section 44. Consent of father or guardian. Protest against issue of certificate

The provision of section 19 apply to every marriage under this Part, either of the parties to which is a minor; and any person whose consent to such marriage would be required there under 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 her or she is so authorized. Effect to 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.

Section 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, to the District Judge. Procedure on petition. And the said District Judge may examine the allegations of the petition in a summary way:– And, if upon examination such marriage appears proper, such District judge 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 proceeding may be had under this Part in relation to the Marriage as if the issue of such certificate had not been forbidden.

Section 46. Petition where 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 to the District Judge. Procedure on petition. The said District Judge may examine the allegations of the petition in a summary way, and shall decide thereon. The decision of such District Judge 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.

Section 47. Petition when Marriage Registrar in Acceding State refuses certificate

Whenever a Marriage Registrar resident in any Acceding State refuses to issue his certificate either of the parties intending marriage may apply by petition to the Central Government, who shall decide thereon. Such decision shall be final, and the Marriage Registrar to whom the application was originally made shall proceed in accordance therewith.

Section 48. Petition when Registrar doubts authority of person forbidding

Procedure on petition. Whenever a Marriage Registrar, acting under the provisions of section 44, is do, the said Marriage Registrar shall apply by petition, to the District

Judge. 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 District judge shall examine into the allegations of the petition and the said 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 District Judge 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. Reference when Marriage Registrar in Acceding State doubts authority of person forbidding. Whenever a Marriage Registrar appointed under section 8 to act within any Acceding State is not satisfied that the person forbidding the issue of the certificate is authorized by law so to do, the said Marriage Registrar shall send a statement of all the circumstances of the case, together with all documents relating thereto to the Central Government.

Procedure on reference. If it appears to the Central Government that the person forbidding the issue of such certificate is not authorized by law so to do, the Central Government 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 of the certificate had not been forbidden.

Section 49. Liability of 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 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.

Section 50. Form of certificate

The certificate to be issued by the Marriage Registrar under the provisions of 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 Provincial Government shall furnish to every Marriage Registrar a sufficient number of certificates.

Section 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 declare as follows, or to the like effect:– “I do not 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].

Section 52. When Marriage not had within two months after notice, new notice required

Whenever a marriage is not 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 the manner aforesaid.

Section 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.

Section 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 Schedule hereto annexed, and also in a certificate attached to the marriage-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 witness 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.

Section 55. Certificates to be sent monthly to Registrar General

The marriage shall forthwith separate the certificate from the marriage-register-book and send it, at the end of every month, to the 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 Registrar General of Births, Deaths and Marriages, to be kept by him with the records of his office.

Section 56. Officers to whom Registrars in Acceding States shall send certificate

The Marriage Registrar in Acceding States shall send the certificates mentioned in section 54 to such officers as the Central Government from time to time by notification in the official Gazette appoints in this behalf.

Section 57. Registrar 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.

Section 58. Native Christian 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 provision of this Act.

Section 59. Registrar of marriage between Native Christian

The registration of marriage between Native Christian under this Part shall be made in conformity with the rules laid down in section 37 (so far as they applicable), and not otherwise.

PART VI

MARRIGE OF NATIVE CHRISTIANS

Section 60. On what conditions marriages of Native Christian may be certificated

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 to be fulfilled, and not otherwise:–

(1) the age of the man intending 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;

(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 parties intending to be married has not completed his or her eighteenth years, unless such consent as is mentioned 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.

Section 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.

Section 62. Keeping of register-book and deposit of extract therefrom with Registrar

(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 Provincial Government by which he was licensed may from time to time prescribe, a register-book of all Marriage solemnized under this Part in his presence, and shall deposit in the territories under the administration of the said Provincial Government in such form and at such intervals as the Government may prescribe, true and duly authenticated extracts from his register-book of all entries made therein since the last of those intervals.

(2) Where the person keeping the register-book was licensed as regards and acceding State by the Central Government, references in sub-section (1) to the Provincial Government therein mentioned shall be read as references to the Provincial Government to whose Registrar General of Births, Deaths and Marriages certified copies of entries in registers of births and deaths are for the time being required to be sent under section 24, sub-section (2) of the Births, Deaths and

Marriages Registration Act, 1886.

Section 63. Searches in register-book and copies of entries

Every person licensed under his Act to grant certificates of marriages and keeping a marriage-register-book under section 62, shall, at all reasonable times allow search to be made in such book, and shall payment of the proper fee, five a copy, certified under his hand, of entry therein.

Section 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 giving copies of the entries therein, shall, mutandis, apply to the books under section 37.

Section 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 invalidate any marriage celebrated between Roman Catholics under the provisions of Part V of Act No. XXV of 1864, previous to the twenty-third day of February, 1865.

PART VII

PENALTIES

Section 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 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 with imprisonment of either description for a term which may extend to three years and, at the discretion of the Court, with fine.

Section 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 205of the Pakistan Penal Code.

Section 68. Solemnizing marriage without due authority

Whoever, not being authorized by section 5 of this Act to solemnize marriages, solemnizes or professes to solemnized the absence of a Marriage Registrar of the district in which the ceremony takes place. Marriage between persons one or both of whom is or are a Christian or Christians, shall punished with imprisonment which may extend to ten years, (in lieu of a sentence of imprisonment for seven years or upwards)with

transportation for a term of not less than seven years, and not exceeding ten years, and shall also be liable to fine.

Section 69. Solemnizing marriage out of proper time, or without witnesses

Whoever knowingly and willfully 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 special license. This section does not apply in 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 Clergyman of the Church of Rome, when he has received the general or special license in that behalf mentioned in section 10. Nor does this section apply to marriages solemnized by a Clergyman of the Church Scotland according to the rules, rites, ceremonies and customs of the Church of Scotland.

Section 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 of guardians to such marriage has not been obtain within fourteen days after the receipt by him of notice of such marriage knowingly and willfully solemnizes a marriage under Part II, 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 willfully issues any certificate for marriage, or solemnize any marriage, without publishing the notice of such marriage as directed by this Act;

(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 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) Issue any certificate the issue of which had 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.

Section 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 willfully issuing any certificate for marriage after the expiration of two months after the notice has been entered by him as aforesaid, or knowingly and willfully 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 his behalf, shall be deemed to have committed an offence under section 166 of the Pakistan Penal Code.

Section 73. Persons authorized to solemnize marriage

(other than Clergy of Churches of England, Scotland or Rome); Issuing certificate or marrying, without publishing notice, or other expiry of certificate; issuing certificate for, or solemnizing marriage with minor; within fourteen days after notice; issuing certificate authorizedly forbidden; solemnizing marriage authorizedly forbidden. 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 bans, or under a license from the Anglican Bishop of the Diocese or a Surrogate duly authorized in that behalf. 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, Knowingly and willfully 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. Or knowingly and willfully issues any certificate fro 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 Registrars than one, to the Senior Marriage Registrar of the district;

Or knowingly and willfully issues any certificate the issue of which has been forbidden under this Act, by any person authorized forbid the issue; Or knowingly and willfully 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.

Section 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 licensed, shall be punished with imprisonment for a term which may extend to five years, and shall be liable to fine. Whoever, being licensed to grant certificates of marriage under Part VI of this Act, without just cause refuses, or willfully 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.

Section 75. Destroying or falsifying register books

Whoever, by himself or another willfully destroys or injures any register-book or the counterfoil certificate 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 willfully inserts any false entry in any such register-book or counterfoil certificate or authenticated extract, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Section 76. Limitation of prosecutions under this Act

The prosecution for every offence punishable under this Act shall be commenced within two years after the offence is committed.

PART VIII

MISCELLANEOUS

Section 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 provision 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.

Section 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, 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 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.

Section 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 Registrar General of Births Deaths and Marriages having the custody for the time being of any register of marriages or of any certificate, or duplicate or copies of certificate, under this Act, shall on payment of the proper fees, at all reasonable times, allow searches to be made in such register, or for such certificate, or duplicate, or copies, and give a copy under his hand of an entry in the same.

Section 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.

Section 81. Certificates of certain marriages for Central Government

The Register General of Births, Deaths, and Marriages and the officers appointed under section 56 shall, at the end of every quarter in each year, select, from the certificates of marriages forwarded to them, respectively, during such quarter, the certificates of the marriages of which the Government by whom he was appointed may desire that evidence shall be transmitted to England, and shall send the same certificate, signed by them respectively, to the Central Government.

Section 82. Provincial Government to prescribe fees

Fees shall be chargeable under this Act for- receiving and publishing notices of marriages; issuing certificates for marriage by Marriage Registrars, and registering marriages by the same; entering protests against, or prohibitions of, the issue of certificates for marriage by the said Registrars;

searching register-books or certificates, or duplicates of copies thereof, giving copies of entries in the same under sections 63 and 79. The 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 it may seem fit.

Section 83. Power to make rules

The Provincial Government may make rules in regard to the disposal of the fees mentioned in sections 82, the supply of register-books, and the preparation and submission of returns of marriages solemnized under this

Act.

Section 84. Power to prescribe fees and rules for Acceding States

The powers conferred on the Provincial Government by section 82 and 83 shall, so far as regards Acceding States, be exercised by the Central Government.

Section 85. Power to declare who shall be District Judge

The 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.

Section 86. Powers and functions exercisable as regards Acceding States

(1) The powers and functions exercisable by the Central Government under section 6, 8, 9, 47, 48, 56 and 84 shall so far as regards any Acceding State which is within the political charge of a Provincial government be exercisable by that Provincial Government. The exercise under this section by any Provincial government of powers and functions under sections 6,8,9 and 56 shall be by notification in the local official Gazette.

(2) The powers and functions exercisable under this Act by the Central Government may be delegated to and exercised by such officers as it may from time to time appoint in this behalf.

Section 87. Saving of consular marriage

Nothing in this Act applies to any marriage performed by any Minister, Consul or Consular Agent between subjects of the State which he represent and according to the laws of such State.

Section 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.

Print contents from the source
CONTENTS 
PRELIMINARY 
1. Short title, extend, commencement 
2. Enactments repealed 
3. Interpretations 
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 of solemnizing marriage 
PART III 
MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION 
LECENSED UNDER THIS ACT 
12. Notice of intended marriage 
13. Publication of such notice 
14. Notice of intended marriage in private dwelling 
15. Sending copy of notice to Marriage Registrar when one party is a minor 
16. Procedure on receipt of notice 
17. Issue of certificate of notice given and declaration made 
18. Declaration before issue of certificate 
19. Consent of father or guardian or mother 
20. Power to prohibit by notice issue of certificate 
21. Procedure on receipt of notice 
22. Issue of certificate in case of minority 
23. Issue of certificate to Native Christians 
24. Form of certificate 
25. Solemnization of marriage 
26. Certificates void if marriage not solemnized within two months 
PART IV 
REGISTRATION OF MARRIAGES SOLEMNIZED 
BY MINISTERS OF RELIGION 
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 
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 clauses (1), (2) and (3) of section 5 
 
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. Protest against issue of certificate 
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 of 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 certificate 
57. Registrar to ascertain that notice and certificate are understood by 
native Christians 
58. Native Christian to be made to understand declarations 
59. Registrar of marriage between Native Christian 
PART VI 
MARRIGE OF NATIVE CHRISTIANS 
60. On what conditions marriages of Native Christian may be certificated 
61. Grant of certificate 
62. Keeping of register-book and deposit of extract therefrom with Registrar 
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 
74. Unlicensed person granting certificate pretending to be licensed 
75. Destroying or falsifying register books 
76. Limitation of prosecutions under this Act 
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 Central 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 marriage 
88. Non-validation of marriages within prohibited degrees
Compare the original stored transcription

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CHRISTIAN MARRIAGE ACT, 1872 
(XV of 1872) 
CONTENTS 
PRELIMINARY 
1. Short title, extend, commencement 
2. Enactments repealed 
3. Interpretations 
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 of solemnizing marriage 
PART III 
MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION 
LECENSED UNDER THIS ACT 
12. Notice of intended marriage 
13. Publication of such notice 
14. Notice of intended marriage in private dwelling 
15. Sending copy of notice to Marriage Registrar when one party is a minor 
16. Procedure on receipt of notice 
17. Issue of certificate of notice given and declaration made 
18. Declaration before issue of certificate 
19. Consent of father or guardian or mother 
20. Power to prohibit by notice issue of certificate 
21. Procedure on receipt of notice 
22. Issue of certificate in case of minority 
23. Issue of certificate to Native Christians 
24. Form of certificate 
25. Solemnization of marriage 
26. Certificates void if marriage not solemnized within two months 
PART IV 
REGISTRATION OF MARRIAGES SOLEMNIZED 
BY MINISTERS OF RELIGION 
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 
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 clauses (1), (2) and (3) of section 5 
 
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. Protest against issue of certificate 
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 of 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 certificate 
57. Registrar to ascertain that notice and certificate are understood by 
native Christians 
58. Native Christian to be made to understand declarations 
59. Registrar of marriage between Native Christian 
PART VI 
MARRIGE OF NATIVE CHRISTIANS 
60. On what conditions marriages of Native Christian may be certificated 
61. Grant of certificate 
62. Keeping of register-book and deposit of extract therefrom with Registrar 
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 
74. Unlicensed person granting certificate pretending to be licensed 
75. Destroying or falsifying register books 
76. Limitation of prosecutions under this Act 
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 Central 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 marriage 
88. Non-validation of marriages within prohibited degrees 
TEXT 
CHRISTIAN MARRIAGE ACT, 1872 
(XV of 1872) 
[18th July, 1872] 
An 
Act 
to consolidate and amend the law relating to the solemnization of the marriage of 
Christians. 
Preamble.– Whereas it is expedient to consolidate and amend the law relating to the 
solemnization of the marriage of persons professing the Christian religion: It is 
hereby enacted as follows:– 
PRELIMINARY 
1. Short title, extend, commencement .– This Act may be called the Christian 
Marriage Act, 1872. 
It ext ends to the whole of Pakistan and, so far only as regards Christian 
citizens of Pakistan to the Acceding States. 
[Repealed by the Repealing Act, XVI of 1874]. 
2. [Enactments repealed].– Rep. By the Repealing Act, 1938 (I of 1938). S. 2 
and Sch. 
3. Interpretations.– In this Act, unless there is something repugnant 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 chappel or other building generally used for public  
Christian worship; 
“minor” means a person who has not compl eted the age of twenty one years 
and who is not a widower or a widow; 
the expression “Christians” means persons professing the Christian religion; 
and the expression “Native Christians” includes the Christian descendants  of 
Natives of Indo -Pakistan sub -continent converted to Christianity, as well as 
such converts; 
“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. 
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 or are a Christian or Christians, shall be solemnized 
in accordance with the  provisions of next following sect ion; and any such marriage 
solemnized otherwise than in accordance with such provisions shall be void. 
5. Persons by whom marriages may be solemnized.– Marriage may be 
solemnized in 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 Scotland, provided that such 
marriage be solemnized  according to the rules rites, ceremonies 
customs of the Church of Scotland; 
(3) by any Minister of Religion licensed under this Act ot solemnize 
marriage; 
(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. 
6. Grant and revocation of licenses to solemnize marriage.– The Provincial 
Government so far as regards the territories under its administration, and the Central 
Government so far as regards any Acceding State may, by notification in the official 
Gazette, grant licenses to Ministers of Religion to solemnize marriages within such 
territories and State, respectively, and may by a like notification, revoke such 
licenses. 
7. Marriage Registrars.– The Provincial Government may appoint one or more 
Christians, either by name  or as holding any office  for any district  subject to its 
administration. 
Senior marriage Registrars. Where there are more marriage Registrars than 
one in any  district, the Provincial Government shall appoint one of them to be the 
Senior Marriage Registrar. 
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, t he Magistrate of the district shall act, as, and be, 
Marriage Registrar thereof during such absence, illness or temporary vacancy. 
8. Marriage Registrars in Acceding States.– The Central Government may, by 
notification in the official Gazette  appoint any Christian, either by name or asw 
holding any office for the time  being, to be a Marriage Registrar in respect of any 
district or place within any Acceding State. 
9. Licensing of persons to grant certificates of marriage between Native  
Christians.– The Provincial Government or (so far as regards and Acceding State ) 
the Central Government 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 ma rriage under this Act shall be 
solemnized between the hours of six in the morning and seven in the evening: 
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 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, or 
(3) a Clergyman  of the church of Scotland  solemnizing a marriage 
according to the rule, rites, ceremonies and customs of the Church of 
Scotland. 
11. Place of  solemnizing marriage.– No clergyman of the Church of England 
shall solemnize a marriage in any place  other than a  church, where worship is 
generally held according to the forms of the church of England: 
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 Registrar of the Diocese 
may charge such additional fee as the said Bishop from time to time authorizes. 
PART III 
MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LECENSED UNDER 
THIS ACT 
12. Notice of intended  marriage.– Whenever a marriage is intended to be 
solemnized by a Minister of Religion licensed to solemnize marriage 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 the like effect, to the 
Minister of Religion whom he or she desires to solemnize the marriage, and shall 
state therein:– 
(a) the name and surname, and the profession or condition, of each of the 
persons 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 o f 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; Minister of Religion, on receiving 
the notice prescribed in section 15 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, 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 eac h of 
the other Marriage Registrar in the same district, who shall likewise publish the same 
in the manner above directed. 
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 notic e having been 
given and of declaration having been made. 
Provided– 
(1) that no such certificate shall be issued until the expiration of four days 
after the date 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 certificate has not  been forbidden, in  manner 
hereinafter mentioned, by any person authorized. 
18. Declaration before issue of certificate .– The certificate mentioned in  
section 17 shall not  be i ssued 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 
ore both of the parties is or are minor or minors. 
(b) That the consent or consents required by law has or have been 
obtained there is no person resident in 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 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 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 before the issue of the same, 
by notice in writing to such Minister,  subscribed by the person so authorized with his 
or her name and place of abode and position with respect  to either o f the persons 
intending marriage by reason of which he or she is so authorized as aforesaid. 
21. Procedure on receipt of notice .– If any such notice be received by such 
Minster 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 satisfied that the 
person prohibiting the marriage has not lawful authority for such prohibition,  or until 
the said notice is withdrawn by the person who gave it. 
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 notice of marriage to a Minister of Religion, or appli es 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 i nto 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 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. Certificates void if marriage not solemnized within two months .– 
Whenever a  marriage is not solemnized with 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 solemnize the said marriage until new notice 
has been given and a certificate thereof issued in the manner aforesaid. 
PART IV 
REGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION 
27. Marriages when to  be registered .– All marriages hereafter solemnized in  
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, be 
registered in the manner hereinafter prescribed. 
28. Registration of marriages solemnized by Clergymen of Church of  
England.– Every Clergymen 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 return in duplicate, authenticated by his 
signature, of the entries in the register of marriages solemnized any place where he 
has any spiritual charge, to the Registrar of the Archdeaconry to which he is subject, 
or tithing 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 form the first day of January to the thirty -first 
day of March from the first day of April to the thir tieth 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. 
The said Registrar upon receiving the said returns shall send one copy 
thereof to the Registrar General of Birth 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 t he 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 pe rson shall forward quarterly to the Register 
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 Clergymen of the Church of Scotland 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,  and shall forward quarterly to the Registrar General of Births, Death 
and Marriages, through  the Senior  Chaplain of the Church of Scotland, returns, 
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 England, 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 duplicated by 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 certifica te attached 
to be 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 a lso 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. 
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 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 in the book to the certificate, with his signature or initials, and shall, at 
the end of every month send the same to the Registrar General of birth Deaths and 
Marriages. 
37. Registration of marriages between Native Christians by persons referred 
to clauses (1), (2)  and (3)of section 5 .– When any marriage between Native 
Christians is solemnized by any such person, Clergyman or Minister of Religion as is 
referred to in clause (1) clause (2 ) or clause (30 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 shal l keep it safely until it is  filled, or, if he leaves 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 Senior Marriage Registrar, who shall 
send it to Registrar  General of Birth , Deaths and Marriages, to be kept by 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 t he like effect, to any Marriage Registrar of the 
District within which the parties have dwelt; 
or if the parties dwell in different district, 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 minor, every Marriage Registrar 
shall, within twenty-four hours after the receipt by him of the notice of such marriage, 
send, by post of 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 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 a 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 Register 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, an d further, 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 oath– 
(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 district 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 per son resident in 
Pakistan authorized to give such consent, as the case may be. 
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. Protest against issue of certif icate.– The 
provision of section 19 apply to every marriage under this Part, either of the parties 
to which is a minor;  and any person whose consent to such marriage  would be 
required there under 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 her or she is so authorized. 
Effect to protest. When such protest  has been entered, no certificate shall 
issue until the Marriage Registrar has examined into the matter of th e 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, to the District Judge. 
Procedure on  petition. And the said District Judge may examine the 
allegations of the petition in a summary way:– 
And, if upon examination such marriage appears proper, such District judge 
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 proc eeding 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 certificate under this Part, either of the parties 
intending marriage may apply by petition to the District Judge. 
Procedure on petition. The said District Judge may examine the allegations of 
the petition in a summary way, and shall decide thereon. 
The decision of such  District Judge 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 Acceding State refuses certificate.– 
Whenever a Marriage Registrar resident in any Acceding State refuses to issue his 
certificate either of the  parties intending marriage may apply by petition to the 
Central Government, who shall decide thereon. 
Such decision shall be final, and the Marriage Registrar to who m the 
application was originally made shall proceed in accordance therewith. 
48. Petition when Registrar doubts authority of person forbidding .– 
Procedure on petition. Whenever a Marriage Registrar, acting under the provisions 
of section 44, is do, the sai d Marriage Registrar shall apply by petition, to the District 
Judge. 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 District judge shall examine into the allegations of the petition 
and the said 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 District Judge 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. 
Reference when  Marriage Registrar in Acceding State doubts authority of 
person forbidding. Whenever a Marriage Registrar appointed under section 8 to act 
within any Acceding State  is not satisfied that the person forbidding the issue of the 
certificate is authorized by law so to do, the sa id Marriage  Registrar shall send a 
statement of all the circumstances  of the case, together with all documents relating 
thereto to the Central Government. 
Procedure on reference. If it appears to the Central Government that the 
person forbidding the issue of such certificate is not authorized by law so to do, the 
Central Government  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 ma y 
be had in relation to such Marriage as if the issue of the certificate had not been 
forbidden. 
49. Liability of 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 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 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 Provincial  
Government shall furnish to every Marriage  Registrar a sufficient number of 
certificates. 
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 pa rties declare as follows, or to 
the like effect:– 
“I do not 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 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 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 Schedule hereto annexed, and 
also in a certificate attached to the marriage-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 witness 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 shall 
forthwith separate the certificate from the marriage -register-book and send it, at the  
end of every month, to the 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 Registrar General of Births, 
Deaths and Marriages, to be kept by him with the records of his office. 
56. Officers to whom Registrars in Acceding States shall send certificate .– 
The Marriage Registrar in Acceding States shall send the certificates mentioned in 
section 54 to such officers as the Central Government from time to time by 
notification in the official Gazette appoints in this behalf. 
57. Registrar 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 M arriage 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 Nat ive 
Christian is cognizant of the purport and effect of the said notice and certificate. 
58. Native Christian 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 t ranslated, to such Native Christian,  
into a language which he understands, the declarations made at such marriage in 
accordance with the provision of this Act. 
59. Registrar of marriage between Native Christian .– The registration of 
marriage between Native Christian under this Part shall be made in conform ity with 
the rules laid down in section 37 (so far as they applicable), and not otherwise. 
PART VI 
MARRIGE OF NATIVE CHRISTIANS 
60. On what conditions marriages of Native Christian may be certificated .– 
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 to be fulfilled, and not otherwise:– 
(1) the age of the man intending 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; 
(3) In the presence of a person licensed under section 9, and of at least 
two credible witness es 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 t hee, 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 
parties intending to be married has not completed his or her eighteenth years, unless 
such consent as is mentioned 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 be en 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. 
62. Keeping of register-book and deposit of extract therefrom with 
Registrar.– (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 Provincial Government by which he  was 
licensed may from time to time prescribe, a register-book of all Marriage solemnized 
under this Part  in his  presence, and shall deposit  in the  territories under the 
administration of the said Provincial Government in such form and  at such intervals 
as the Government may prescri be, true and duly authenticated extracts from his 
register-book of all entries made therein since the last of those intervals. 
(2) Where the person keeping the register -book was licensed as regards 
and acceding State by the Central Government, references i n sub-section (1) to the 
Provincial Government  therein mentioned shall be  read as references to the 
Provincial Government to whose Registrar General of Births,  Deaths and Marriages 
certified copies of entries in  registers of births and deaths are for the t ime being 
required to be sent under section 24, sub-section (2) of the Births, Deaths and 
Marriages Registration Act, 1886. 
63. Searches in register-book and copies of entries .– Every person licensed 
under his Act to grant certificates of marriages and keeping a marriage-register-book 
under section 62, shall, at all reasonable times allow search to be made in such 
book, and shall payment of the proper fee, five a copy, certified under his hand, of 
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 giving copies of 
the entries therein, shall, mutandis, apply to the books 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 invalidate any marriage  celebrated between Roman 
Catholics under the provisions of Part V of Act No. XXV of 1864, previous to the 
twenty-third day of February, 1865. 
PART VII 
PENALTIES 
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 A ct, 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 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 with imprisonment of either 
description for a term which may extend t o 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 205of the Pakistan Penal Code. 
68. Solemnizing marriage without due authority.– Whoever, not being 
authorized by section 5 of this Act to solemnize marriages, solemnizes or professes 
to solemnized the absence of a Marriage Registrar of the  district in which the  
ceremony takes place. Marriage between persons one or both of whom is or are a 
Christian or Christians, shall punished with  imprisonment which may extend to ten 
years, (in lieu of a sentence  of imprisonment  for seven years  or upwards)with 
transportation for a term of not less than seven years, and not exceeding ten  years, 
and shall also be liable to fine. 
69. Solemnizing marriage out of proper time, or without witnesses.– 
Whoever knowingly and willfully solemnizes a marriage between persons one or 
both of whom is or are a C hristian or Christians, at any time other t han 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 special license. This section does not 
apply in  marriages solemnized under special licenses granted by the Anglican 
Bishop of the Diocese or by his Commissary,  nor to marriages performed bet ween 
the hours of seven in the evening and six in the morning by Clergyman of the Church 
of Rome, when he has received the general or special license in that behalf 
mentioned in section 10. 
Nor does this section apply to marriages solemnized by a Clergyman  of the 
Church Scotland according to the rules, rites, ceremonies and customs of the 
Church of Scotland. 
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 of guardians to such marriage has not 
been obtain within fourteen days after  the receipt by him of notice of such m arriage 
knowingly and willfully solemnizes a marriage under Part II, 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 willfully issues any certificate for marriage, or solemnize 
any marriage, without publishing the  notice of such marriage  as 
directed by this Act; 
(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 fourte en days after the receipt of the notice of such 
marriage, or without sending, by the  post or otherwise, a copy 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) Issue any certificate the issue of which had 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 willfully issuing any certificate for marriage after the 
expiration of two months after the notice has been entered by him as aforesaid, 
or knowingly  and willfully 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 his behalf,  shall be deemed to have committed an offence 
under section 166 of the Pakistan Penal Code. 
73. Persons authorized to  solemnize marriage.– (other than Clergy  of 
Churches of England, Scotland or Rome); Issuing certificate or marry ing, without  
publishing notice, or other expiry  of certificate; issuing certificate for, or solemnizing 
marriage with minor; within fourteen days after notice;  issuing certificate authorizedly 
forbidden; solemnizing marriage authorizedly forbidden. 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 bans, or under a license 
from the Anglican Bishop of the Diocese or a Surrogate duly authorized i n that 
behalf. 
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, 
Knowingly and willfully 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. 
Or knowingly and willfully  issues any certificate fro 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 Registrars than one, to the Senior 
Marriage Registrar of the district; 
Or knowingly and willfully issues any certificate the issue of which has been 
forbidden under this Act, by any person authorized forbid the issue; 
Or knowingly and willfully 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 licensed, 
shall be punished with imprisonment for a term which may extend to five years, and 
shall be liable to fine. 
Whoever, being licensed to grant certificates of marriage under Part VI of this 
Act, without just  cause refuses, or willfully 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  
willfully destroys or injures any register -book or the counterfoil certificate 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 willfully inserts any  false entry in any such register -book or counterfoil 
certificate or authenticated extract, 
shall be punished with imprisonment for a term which may extend to seven 
years, and shall also be liable to fine. 
76. Limitation of prosecutions under  this 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  
provision 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, correct the error, by entry in the margin, without  any alteration of 
the original entry, and shall sign the marginal entry, and add t hereto 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 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 Registrar General of Births Deaths and Marriages having the custody for 
the time being of any register of marriages or of any certificate, or duplicate or copies 
of certificate, under this Act, 
shall on payment of the proper fees, at all reasonable times, allow searches to 
be made in such register, or for such  certificate, or duplicate, or copies, and give a 
copy under his hand of an entry in the same. 
80. Certified copy of entry in marriage -register, etc., to be evidence .– Every 
certified copy, purporting to be signed by the person entrusted under this Act with the 
custody of any  marriage-register or certificate, or duplicate, req uired 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 there in, without further proof 
of such register or certificate or duplicate, or of any entry therein, respectively or of 
such copy. 
81. Certificates of certain marriages for Central Government.– The Register 
General of Births,  Deaths, and Marriages and the officers appointed under section 
56 shall, at  the end of every quarter in each year, select, from the certificates of 
marriages forwarded to them, respectively, during such quarter, the certificates of the 
marriages of which the Government by whom he  was appoi nted may desire that 
evidence shall be transmitted to England, and shall send the same certificate, signed 
by them respectively, to the Central Government. 
82. Provincial Government to prescribe fees.– Fees shall be chargeable under 
this Act for - receiving and publishing notices  of marriages;  issuing certificates  for 
marriage by Marriage Registrars, and registering marriages by the same;  
entering protests against, or prohibitions of, the issue of certificates for 
marriage by the said Registrars; 
searching register-books or certificates, or duplicates of copies thereof, giving 
copies of entries in the same under sections 63 and 79. 
The Provincial Government shall fix the amount of such fees respectively 
And may from time to time vary or remit them either gen erally or in special 
cases as it may seem fit. 
83. Power to make rules.– The Provincial Government may make rules in regard 
to the  disposal of the fees mentioned in sections 82, the supply of register -books, 
and the preparation and submission of returns of marriages solemnized under this 
Act. 
84. Power to  prescribe fees and rules for Acceding States .– The powers  
conferred on the Provincial Government by section 82 and 83 shall, so far as regards 
Acceding States, be exercised by the Central Government. 
85. Power to declare who shall be District Judge.– The 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. Powers and functions exercisable as reg ards Acceding States .– (1) The 
powers and functions exercisable by the Central Government under section 6, 8, 9, 
47, 48, 56 and  84 shall so  far as regards any Acceding State  which is  within the  
political charge of a Provincial government be exercisable by that Provincial 
Government. The exercise under  this section by any Provincial government of 
powers and functions under sections 6,8,9 and 56 shall be by notification in the local 
official Gazette. 
(2) The powers and functions exercisable under this Act by the Central  
Government may be delegated to and exercised by such officers as it may from time 
to time appoint in this behalf. 
87. Saving of consular marriage.– Nothing in this Act applies to any marriage 
performed by any Minister, Consul or Consular Agent between subjects of the State 
which he represent 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.

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Section 5

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er of entry to certificate and send to Registrar General 37. Registration of marriages between Native Christians by persons referred to clauses (1), (2) and (3) of section 5 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 No

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Section 15

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age in private dwelling.– If it be intended that the marriage shall be solemnized in a private dwelling; Minister of Religion, on receiving the notice prescribed in section 15 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

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Section 13

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ending 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

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Section 17

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e has not been forbidden, in manner hereinafter mentioned, by any person authorized. 18. Declaration before issue of certificate .– The certificate mentioned in section 17 shall not be i ssued 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 affini

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Section 19

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zed to give such consent be resident in 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 before the issue of the same, by notice in writing to such Minister, subscribed by the person so authorized with his or her name a

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Section 19

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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 Ch

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Section 17

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hristians .– When any Native Christian about to be married takes notice of marriage to a Minister of Religion, or appli es 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 cau

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Section 5

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to the Registrar General of birth Deaths and Marriages. 37. Registration of marriages between Native Christians by persons referred to clauses (1), (2) and (3)of section 5 .– When any marriage between Native Christians is solemnized by any such person, Clergyman or Minister of Religion as is referred to in clause (1) clause (2 ) or clause (30 of section 5, the person solemnizing the same sha

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Section 5

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y marriage between Native Christians is solemnized by any such person, Clergyman or Minister of Religion as is referred to in clause (1) clause (2 ) or clause (30 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 shal l keep it safely until it is filled,

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Section 41

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rties 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 oath– (a) that he or she believes that there is not any impediment o

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Section 19

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ificate in less than fourteen days] .– omitted by A.O., 1949, Schedule. 44. Consent of father or guardian. Protest against issue of certif icate.– The provision of section 19 apply to every marriage under this Part, either of the parties to which is a minor; and any person whose consent to such marriage would be required there under may enter a protest against the issue of the Marriage Registr

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Section 44

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herewith. 48. Petition when Registrar doubts authority of person forbidding .– Procedure on petition. Whenever a Marriage Registrar, acting under the provisions of section 44, is do, the sai d Marriage Registrar shall apply by petition, to the District Judge. The said petition shall state all the circumstances of the case, and pray for the order and direction of the Court concerning the same. An

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Section 8

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sue had not been forbidden. Reference when Marriage Registrar in Acceding State doubts authority of person forbidding. Whenever a Marriage Registrar appointed under section 8 to act within any Acceding State is not satisfied that the person forbidding the issue of the certificate is authorized by law so to do, the sa id Marriage Registrar shall send a statement of all the circumstances of the

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Section 44

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.– 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 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, t

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Section 45

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the Marriage Registrar, under this Part against the issue of any certificate, on grounds which such marriage Registrar; under section 44 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 again

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Section 41

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t whose marriage such protest was entered. 50. Form of certificate .– The certificate to be issued by the Marriage Registrar under the provisions of 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 Provincial Government shall furnish to every Marriage Registrar a sufficient number of certificates. 51. Solemniz

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Section 54

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ce. 56. Officers to whom Registrars in Acceding States shall send certificate .– The Marriage Registrar in Acceding States shall send the certificates mentioned in section 54 to such officers as the Central Government from time to time by notification in the official Gazette appoints in this behalf. 57. Registrar to ascertain that notice and certificate are understood by native Christians.– When

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Section 37

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f marriage between Native Christian .– The registration of marriage between Native Christian under this Part shall be made in conform ity with the rules laid down in section 37 (so far as they applicable), and not otherwise. PART VI MARRIGE OF NATIVE CHRISTIANS 60. On what conditions marriages of Native Christian may be certificated .– Every marriage between Native Christians applying for a cer

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Section 9

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ceed thirteen 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 witness es 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 nam

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Section 19

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all be certified under this Part when either of parties intending to be married has not completed his or her eighteenth years, unless such consent as is mentioned 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 con

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Section 60

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erson 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 be en 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, g

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Section 9

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e as conclusive proof of its having been performed. 62. Keeping of register-book and deposit of extract therefrom with Registrar.– (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 Provincial Government by which he was licensed may from time to t

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Section 24

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e Registrar General of Births, Deaths and Marriages certified copies of entries in registers of births and deaths are for the t ime being required to be sent under section 24, sub-section (2) of the Births, Deaths and Marriages Registration Act, 1886. 63. Searches in register-book and copies of entries .– Every person licensed under his Act to grant certificates of marriages and keeping a marria

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Section 62

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Searches in register-book and copies of entries .– Every person licensed under his Act to grant certificates of marriages and keeping a marriage-register-book under section 62, shall, at all reasonable times allow search to be made in such book, and shall payment of the proper fee, five a copy, certified under his hand, of entry therein. 64. Books in which marriages of native Christians under Par

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Section 37

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of the register - book, depositing extracts therefrom, allowing searches thereof, and giving copies of the entries therein, shall, mutandis, apply to the books 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 Catholic

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Section 64

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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 invalidate any marriage celebrated between Rom

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Section 205O

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ed 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 205of the Pakistan Penal Code. 68. Solemnizing marriage without due authority.– Whoever, not being authorized by section 5 of this Act to solemnize marriages, solemnizes or professes to solemnized the absence of a Marriage Regis

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Section 5

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deemed guilty of the offence described in section 205of the Pakistan Penal Code. 68. Solemnizing marriage without due authority.– Whoever, not being authorized by section 5 of this Act to solemnize marriages, solemnizes or professes to solemnized the absence of a Marriage Registrar of the district in which the ceremony takes place. Marriage between persons one or both of whom is or are a Chr

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Section 10

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rs of seven in the evening and six in the morning by Clergyman of the Church of Rome, when he has received the general or special license in that behalf mentioned in section 10. Nor does this section apply to marriages solemnized by a Clergyman of the Church Scotland according to the rules, rites, ceremonies and customs of the Church of Scotland. 70. Solemnizing without notice or within fourtee

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Section 40

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lishing the notice of such marriage as directed by this Act; (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 fourte en d

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Section 56

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f such copy. 81. Certificates of certain marriages for Central Government.– The Register General of Births, Deaths, and Marriages and the officers appointed under section 56 shall, at the end of every quarter in each year, select, from the certificates of marriages forwarded to them, respectively, during such quarter, the certificates of the marriages of which the Government by whom he was appo

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Section 82

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returns of marriages solemnized under this Act. 84. Power to prescribe fees and rules for Acceding States .– The powers conferred on the Provincial Government by section 82 and 83 shall, so far as regards Acceding States, be exercised by the Central Government. 85. Power to declare who shall be District Judge.– The Provincial Government may, by notification in the official Gazette, declare wh

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Section 6

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o be the District Judge. 86. Powers and functions exercisable as reg ards Acceding States .– (1) The powers and functions exercisable by the Central Government under section 6, 8, 9, 47, 48, 56 and 84 shall so far as regards any Acceding State which is within the political charge of a Provincial government be exercisable by that Provincial Government. The exercise under this section by any

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fea51630321266b9af878043269bfc5095116e54eda7e45662c6a612e2e864a4
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CHRISTIAN MARRIAGE ACT, 1872
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