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  "title": "CHRISTIAN MARRIAGE ACT, 1872",
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  "text": "CHRISTIAN MARRIAGE ACT, 1872 \r\n(XV of 1872) \r\nCONTENTS \r\nPRELIMINARY \r\n1. Short title, extend, commencement \r\n2. Enactments repealed \r\n3. Interpretations \r\nPART-I \r\nTHE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED \r\n4. Marriages to be solemnized according to Act \r\n5. Persons by whom marriages may be solemnized \r\n6. Grant and revocation of licenses to solemnize marriage \r\n7. Marriage Registrars \r\n8. Marriage Registrars in Acceding States \r\n9. Licensing of persons to grant certificates of marriage between Native \r\nChristians \r\nPART II \r\nTIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED \r\n10. Time for solemnizing marriage \r\n11. Place of solemnizing marriage \r\nPART III \r\nMARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION \r\nLECENSED UNDER THIS ACT \r\n12. Notice of intended marriage \r\n13. Publication of such notice \r\n14. Notice of intended marriage in private dwelling \r\n15. Sending copy of notice to Marriage Registrar when one party is a minor \r\n16. Procedure on receipt of notice \r\n17. Issue of certificate of notice given and declaration made \r\n18. Declaration before issue of certificate \r\n19. Consent of father or guardian or mother \r\n20. Power to prohibit by notice issue of certificate \r\n21. Procedure on receipt of notice \r\n22. Issue of certificate in case of minority \r\n23. Issue of certificate to Native Christians \r\n24. Form of certificate \r\n25. Solemnization of marriage \r\n26. Certificates void if marriage not solemnized within two months \r\nPART IV \r\nREGISTRATION OF MARRIAGES SOLEMNIZED \r\nBY MINISTERS OF RELIGION \r\n27. Marriages when to be registered \r\n28. Registration of marriages solemnized by Clergymen of Church of \r\nEngland \r\n29. Quarterly returns to Archdeaconry \r\n30. Registration and returns of marriages solemnized by clergymen of \r\nChurch of Rome \r\n31. Registration and returns of marriages solemnized by Clergymen of \r\nChurch of Scotland \r\n32. Certain marriages to be registered in duplicate \r\n33. Entries of such marriages to be signed and attested \r\n34. Certificate to be forwarded to Marriage Registrar, copied and sent to \r\nRegistrar General \r\n35. Copies of certificates to be entered and numbered \r\n36. Registrar to add number of entry to certificate and send to Registrar \r\nGeneral \r\n37. Registration of marriages between Native Christians by persons referred \r\nto clauses (1), (2) and (3) of section 5 \r\n \r\nPART V \r\nMARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, \r\nA MARRIAGE REGISTRAR \r\n38. Notice of intended marriage before Marriage Registrar \r\n39. Publication of notice \r\n40. Notice to be filed and copy entered in Marriage Notice Book \r\n41. Certificate of notice given and oath made \r\n42. Oath before issue of certificate \r\n43. Petition to High Court to order certificate in less than fourteen days \r\n44. Consent of father or guardian. Protest against issue of certificate \r\n45. Petition where person whose consent is necessary is insane, or unjustly \r\nwithholds consent \r\n46. Petition where Marriage Registrar refuses certificate \r\n47. Petition when Marriage Registrar in Acceding State refuses certificate \r\n48. Petition when Registrar doubts authority of person forbidding \r\n49. Liability of frivolous protest against issue of certificate \r\n50. Form of certificate \r\n51. Solemnization of marriage after issue of certificate \r\n52. When Marriage not had within two months after notice, new notice \r\nrequired \r\n53. Marriage Registrar may ask for particulars to be registered \r\n54. Registration of marriage solemnized under Part V \r\n55. Certificates to be sent monthly to Registrar General \r\n56. Officers to whom Registrars in Acceding States shall send certificate \r\n57. Registrar to ascertain that notice and certificate are understood by \r\nnative Christians \r\n58. Native Christian to be made to understand declarations \r\n59. Registrar of marriage between Native Christian \r\nPART VI \r\nMARRIGE OF NATIVE CHRISTIANS \r\n60. On what conditions marriages of Native Christian may be certificated \r\n61. Grant of certificate \r\n62. Keeping of register-book and deposit of extract therefrom with Registrar \r\n63. Searches in register-book and copies of entries \r\n64. Books in which marriages of native Christians under Part I or Part III are \r\nregistered \r\n65. Part VI not to apply to Roman Catholics, saving of certain marriages \r\nPART VII \r\nPENALTIES \r\n66. False oath, declaration, notice or certificate for procuring marriage \r\n67. Forbidding, by false personation, issue of certificate by Marriage \r\nRegistrar \r\n68. Solemnizing marriage without due authority \r\n69. Solemnizing marriage out of proper time, or without witnesses \r\n70. Solemnizing without notice or within fourteen days after notice marriage \r\nwith minor \r\n71. Issuing certificate, or marrying without publication of notice; marrying \r\nafter expiry of notice: solemnizing marriage with minor within fourteen \r\ndays without authority of Court or without sending copy of notice; \r\nissuing certificate against authorized prohibition \r\n72. Issuing certificate after expiry of notice, or, in case of minor within \r\nfourteen days after notice, or against authorized prohibition \r\n73. Persons authorized  to solemnize marriage \r\n74. Unlicensed person granting certificate pretending to be licensed \r\n75. Destroying or falsifying register books \r\n76. Limitation of prosecutions under this Act \r\nPART VIII \r\nMISCELLANEOUS \r\n77. What matters need not be proved in respect of marriage in accordance \r\nwith Act \r\n78. Correction of errors \r\n79. Searches and copies of entries \r\n80. Certified copy of entry in marriage-register, etc., to be evidence \r\n81. Certificates of certain marriages for Central Government \r\n82. Provincial Government to prescribe fees \r\n83. Power to make rules \r\n84. Power to prescribe fees and rules for Acceding States \r\n85. Power to declare who shall be District Judge \r\n86. Powers and functions exercisable as regards Acceding States \r\n87. Saving of consular marriage \r\n88. Non-validation of marriages within prohibited degrees \r\nTEXT \r\nCHRISTIAN MARRIAGE ACT, 1872 \r\n(XV of 1872) \r\n[18th July, 1872] \r\nAn \r\nAct \r\nto consolidate and amend the law relating to the solemnization of the marriage of \r\nChristians. \r\nPreamble.– Whereas it is expedient to consolidate and amend the law relating to the \r\nsolemnization of the marriage of persons professing the Christian religion: It is \r\nhereby enacted as follows:– \r\nPRELIMINARY \r\n1. Short title, extend, commencement .– This Act may be called the Christian \r\nMarriage Act, 1872. \r\nIt ext ends to the whole of Pakistan and, so far only as regards Christian \r\ncitizens of Pakistan to the Acceding States. \r\n[Repealed by the Repealing Act, XVI of 1874]. \r\n2. [Enactments repealed].– Rep. By the Repealing Act, 1938 (I of 1938). S. 2 \r\nand Sch. \r\n3. Interpretations.– In this Act, unless there is something repugnant in the  \r\nsubject or context:- \r\n“Church of England” and “Anglican” mean and apply to the Church of  England \r\nas by law established: \r\n“Church of Scotland” means the Church of Scotland as by law established ; \r\n“Church of Rome” and “Roman Catholic” mean and apply to the Church which \r\nregards the Pope of Rome as its spiritual head; \r\n“Church” includes any chappel or other building generally used for public  \r\nChristian worship; \r\n“minor” means a person who has not compl eted the age of twenty one years \r\nand who is not a widower or a widow; \r\nthe expression “Christians” means persons professing the Christian religion; \r\nand the expression “Native Christians” includes the Christian descendants  of \r\nNatives of Indo -Pakistan sub -continent converted to Christianity, as well as \r\nsuch converts; \r\n“Registrar General of Births, Deaths and Marriages” means a Registrar  \r\nGeneral of Births, Deaths and Marriages appointed under the Births, Deaths \r\nand Marriages Registration Act, 1886. \r\nPART-I \r\nTHE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED \r\n4. Marriages to be solemnized according to Act.– Every marriage between \r\npersons, one or both of whom is or are a Christian or Christians, shall be solemnized \r\nin accordance with the  provisions of next following sect ion; and any such marriage \r\nsolemnized otherwise than in accordance with such provisions shall be void. \r\n5. Persons by whom marriages may be solemnized.– Marriage may be \r\nsolemnized in Pakistan.  \r\n(1) by any person who  has received Episcopal ordination,  provided that \r\nthe marriage be solemnized  according to the rules, rites, ceremonies \r\nand customs of the Church of which he is a minister; \r\n(2) by any Clergyman of the church of Scotland, provided that such \r\nmarriage be solemnized  according to the rules rites, ceremonies \r\ncustoms of the Church of Scotland; \r\n(3) by any Minister of Religion licensed under this Act ot solemnize \r\nmarriage; \r\n(4) by, or in the presence of a Marriage Registrar appointed under this Act; \r\n(5) by any person licensed under this Act to grant certificates of marriage \r\nbetween Native Christians. \r\n6. Grant and revocation of licenses to solemnize marriage.– The Provincial \r\nGovernment so far as regards the territories under its administration, and the Central \r\nGovernment so far as regards any Acceding State may, by notification in the official \r\nGazette, grant licenses to Ministers of Religion to solemnize marriages within such \r\nterritories and State, respectively, and may by a like notification, revoke such \r\nlicenses. \r\n7. Marriage Registrars.– The Provincial Government may appoint one or more \r\nChristians, either by name  or as holding any office  for any district  subject to its \r\nadministration. \r\nSenior marriage Registrars. Where there are more marriage Registrars than \r\none in any  district, the Provincial Government shall appoint one of them to be the \r\nSenior Marriage Registrar. \r\nMagistrate when to be Marriage Registrar. When  there is only one Marriage  \r\nRegistrar in a district, and such Registrar is absent from such district, or, ill, or when \r\nhis office is  temporarily vacant, t he Magistrate of the district shall act, as, and be, \r\nMarriage Registrar thereof during such absence, illness or temporary vacancy. \r\n8. Marriage Registrars in Acceding States.– The Central Government may, by \r\nnotification in the official Gazette  appoint any Christian, either by name or asw \r\nholding any office for the time  being, to be a Marriage Registrar in respect of any \r\ndistrict or place within any Acceding State. \r\n9. Licensing of persons to grant certificates of marriage between Native  \r\nChristians.– The Provincial Government or (so far as regards and Acceding State ) \r\nthe Central Government may grant a license to any Christian, either by name or as \r\nholding any office for the time being, authorizing him to grant certificate of marriage \r\nbetween Native Christians. \r\nAny such license may be revoked by the authority by which it was granted, \r\nand every such grant or revocation shall be notified in the official Gazette. \r\nPART II \r\nTIME AND PLACE AT WHICH MARRIAGES MAY BE SOLEMNIZED \r\n10. Time for solemnizing marriage .– Every ma rriage under this Act shall be \r\nsolemnized between the hours of six in the morning and seven in the evening: \r\nProvided that nothing in this section shall apply to– \r\n(1) a Clergyman of the Church of England solemnizing a marriage under a \r\nspecial license permitting him to do so at any hour other than between \r\nsix in the  morning and seven in the evening, under the hand and seal \r\nof the Anglican Bishop of the Commissary, or \r\n(2) a Clergyman of the Church of Rome solemnizing a marriage between \r\nthe hours of seven in the evening and six in the morning, when he has \r\nreceived a general or special license in that behalf from the Roman \r\nCatholic Bishop of the Diocese or Vicariate in  which such marriage is \r\nso solemnized, or from such person as  the same Bishop has \r\nauthorized to grant such license, or \r\n(3) a Clergyman  of the church of Scotland  solemnizing a marriage \r\naccording to the rule, rites, ceremonies and customs of the Church of \r\nScotland. \r\n11. Place of  solemnizing marriage.– No clergyman of the Church of England \r\nshall solemnize a marriage in any place  other than a  church, where worship is \r\ngenerally held according to the forms of the church of England: \r\nunless he has received a special license authorizing him to do so under the \r\nhand and seal of the Anglican Bishop of the Diocese or his Commissary. \r\nFee for special license. For such special license, the Registrar of the Diocese \r\nmay charge such additional fee as the said Bishop from time to time authorizes. \r\nPART III \r\nMARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION LECENSED UNDER \r\nTHIS ACT \r\n12. Notice of intended  marriage.– Whenever a marriage is intended to be \r\nsolemnized by a Minister of Religion licensed to solemnize marriage under this Act, \r\none of the persons intending marriage shall give notice in writing according to the \r\nform contained  in the First Schedule hereto annexed, or the like effect, to the \r\nMinister of Religion whom he or she desires to solemnize the marriage, and shall \r\nstate therein:– \r\n(a) the name and surname, and the profession or condition, of each of the \r\npersons intending marriage. \r\n(b) The dwelling-place of each of them. \r\n(c) The time during which each has dwelt there, and \r\n(d) The Church or private dwelling in which the marriage is to be \r\nsolemnized: Provided that, if either of such persons has dwelt in the \r\nplace mentioned in the notice during more than one month, it may be \r\nstated therein that he or she has dwelt there one month and upwards. \r\n13. Publication of such notice.– If the persons intending marriage desire it to be \r\nsolemnized in a particular Church and if the Minister o f Religion to whom such notice \r\nhas been delivered  be entitled to officiate therein, he shall cause the notice to be \r\naffixed in some conspicuous part of such Church. \r\nReturn or transfer of notice. But if he is not entitled to officiate as a Minister in \r\nsuch church, he  shall, at his option, either return the notice to the person who \r\ndelivered it to him, or deliver it to some other Minister entitled to officiate therein who \r\nshall thereupon cause the notice to be affixed as aforesaid. \r\n14. Notice of intended marriage in private dwelling.– If it be intended that  the \r\nmarriage shall be solemnized in a private dwelling; Minister of Religion, on receiving \r\nthe notice prescribed in section 15 shall forward it to the Marriage Registrar of the \r\ndistrict, who shall affix the same to some conspicuous place in his own office. \r\n15. Sending copy of  notice to  Marriage Registrar when  one party  is a \r\nminor.– When one of the persons intending marriage is a minor, every Minister \r\nreceiving such notice shall, unless within twenty-four hours after its receipt he returns \r\nthe same under the provisions of section 13, send by the post or otherwise a copy of \r\nsuch notice to the  Marriage Registrar of the district, or, if there be more than one \r\nRegistrar of such district, to the Senior Marriage Registrar. \r\n16. Procedure on receipt of notice .– The Marriage Registrar, as the case may \r\nbe, on receiving any such notice, shall affix it to some conspicuous place in his own \r\noffice and the latter shall further cause a copy of the said notice to be sent to eac h of \r\nthe other Marriage Registrar in the same district, who shall likewise publish the same \r\nin the manner above directed. \r\n17. Issue of certificate of notice given and declaration made .– Any Minister of \r\nReligion consenting or intending to solemnize any such  marriage as aforesaid, shall \r\non being required so to do by or on behalf of the person by whom the notice was \r\ngiven, and upon  one of the persons intending marriage  making the  declaration \r\nhereinafter required issue  under his hand a certificate of such notic e having been \r\ngiven and of declaration having been made. \r\nProvided– \r\n(1) that no such certificate shall be issued until the expiration of four days \r\nafter the date of the notice by such Minister; \r\n(2) that no lawful impediment be shown  to his satisfaction why such \r\ncertificate should not issue; and \r\n(3) that the issue of certificate has not  been forbidden, in  manner \r\nhereinafter mentioned, by any person authorized. \r\n18. Declaration before issue of certificate .– The certificate mentioned in  \r\nsection 17 shall not  be i ssued until one of the persons intending marriage has \r\nappeared personally before the Minister and made a solemn declaration– \r\n(a) that he or she believes that there is not any impediment of  kindred or \r\naffinity or other lawful hindrance to the said marriage, and when either \r\nore both of the parties is or are minor or minors. \r\n(b) That the consent or consents required by law has or have been \r\nobtained there is no person resident in Pakistan having  authority to \r\ngive such consent, as the case may be. \r\n19. Consent of  father or guardian or mother .– The father, if living, of any  \r\nminor, or if, the father be dead, the guardian of such minor, and in case there be no \r\nsuch guardian then the mother of such minor, may give consent to the minor’s \r\nmarriage, and such consent is hereby required for the same marriage unless no \r\nperson authorized to give such consent be resident in Pakistan. \r\n20. Power to prohibit by notice issue of  certificate.– Every person whose  \r\nconsent to a marriage is required under section 19 is hereby authorized  to prohibit \r\nthe issue of the certificate by any Minister, at any time before the issue of the same, \r\nby notice in writing to such Minister,  subscribed by the person so authorized with his \r\nor her name and place of abode and position with respect  to either o f the persons \r\nintending marriage by reason of which he or she is so authorized as aforesaid. \r\n21. Procedure on receipt of notice .– If any such notice be received by such \r\nMinster he shall  not issue his certificate and shall not solemnize the said marriage \r\nuntil he has examined into the matter of the said prohibition, and is satisfied that the \r\nperson prohibiting the marriage has not lawful authority for such prohibition,  or until \r\nthe said notice is withdrawn by the person who gave it. \r\n22. Issue of certificate in case of minority .– When either  of the  persons \r\nintending marriage is a minor, and the Minister is not satisfied that the consent of the \r\nperson whose consent to such marriage is required by section 19 has been \r\nobtained, such Minister shall not issue such certificate until the expiration of fourteen \r\ndays after the receipt by him of the notice of marriage. \r\n23. Issue of certificate to Native Christians .– When any Native Christian about \r\nto be married takes notice of marriage to a Minister of Religion, or appli es for a \r\ncertificate from such Minister under section 17, such Minister shall, before issuing \r\nthe certificate ascertain whether such Native Christian is cognizant of the purport and \r\neffect of the said notice or certificate, as the case may be, and, if not,  shall translate \r\nor cause to be  translated the notice or certificate to such Native Christian i nto some \r\nlanguage which he understands. \r\n24. Form of certificate.– The certificate to be issued by such Minister shall be in \r\nthe form contained in the Second Schedule hereto annexed, or to the like effect. \r\n25. Solemnization of marriage .– After the issue of the certificate by Minister, \r\nmarriage may be solemnized between the persons therein described  according to  \r\nsuch form or ceremony as the Minister thinks fit to adopt: \r\nProvided that the marriage be solemnized in the presence of at least two \r\nwitnesses besides the Minister. \r\n26. Certificates void if marriage not solemnized within two months .– \r\nWhenever a  marriage is not solemnized with two months after the date of the \r\ncertificate issued by such Minister as  aforesaid such certificate and all proceedings \r\n(if any), thereon shall be void. \r\nAnd no person shall proceed to solemnize the said marriage until new notice \r\nhas been given and a certificate thereof issued in the manner aforesaid. \r\nPART IV \r\nREGISTRATION OF MARRIAGES SOLEMNIZED BY MINISTERS OF RELIGION \r\n27. Marriages when to  be registered .– All marriages hereafter solemnized in  \r\nPakistan between persons one or both of whom professes or profess the Christian \r\nreligion, except  marriages solemnized under Part V or Part VI of this Act, be \r\nregistered in the manner hereinafter prescribed. \r\n28. Registration of marriages solemnized by Clergymen of Church of  \r\nEngland.– Every Clergymen of the Church of England shall keep a register of \r\nmarriages and shall register  therein, according to  the tabular form set  forth in the \r\nThird Schedule hereto, annexed, every marriage which he solemnizes under this \r\nAct. \r\n29. Quarterly returns to  Archdeaconry.– Every Clergyman of the Church of \r\nEngland shall send four times in every year return in duplicate, authenticated by his \r\nsignature, of the entries in the register of marriages solemnized any place where he \r\nhas any spiritual charge, to the Registrar of the Archdeaconry to which he is subject, \r\nor tithing the limits of which such place is situate. \r\nContents of returns.  Such quarterly returns shall contain all the entries of \r\nmarriages contained in the said register form the first day of January to the thirty -first \r\nday of March from the first day of April to the thir tieth day of June, from the first day \r\nof July to the thirtieth day of September, and from the  first day of October to the \r\nthirty-first day of December, of each year respectively, and shall be sent by such \r\nClergyman within two weeks from the expiration of each of the quarters above \r\nspecified. \r\nThe said Registrar upon receiving the said returns shall send one copy \r\nthereof to the Registrar General of Birth Deaths and Marriages. \r\n30. Registration and returns of marriages solemnized by clergymen of \r\nChurch of  Rome.– Every marriage  solemnized by a Clergyman of the Church of \r\nRome shall be registered by t he person and according to the form directed in that \r\nbehalf by the Roman  Catholic Bishop of the Diocese or Vicariate, in which such \r\nmarriage is solemnized,  and such pe rson shall forward quarterly to the Register \r\nGeneral of Births, Deaths and  Marriages returns of the  entries of all marriages \r\nregistered by him during the three months next preceding. \r\n31. Registration and returns of marriages solemnized by  Clergymen of  \r\nChurch of Scotland .– Every Clergymen of the Church of Scotland shall keep a \r\nregister of  marriages, and shall register therein, according to the tabular form set \r\nforth in the Third  Schedule hereto annexed, every marriage which he solemnizes \r\nunder this Act,  and shall forward quarterly to the Registrar General of Births, Death \r\nand Marriages, through  the Senior  Chaplain of the Church of Scotland, returns, \r\nsimilar to those prescribed in section 29, of all such marriages. \r\n32. Certain marriages  to be registered in duplicate.– Every marriage \r\nsolemnized by any person  who has received episcopal ordination, but who is not a \r\nClergyman of the Church of England, or of the Church of Rome, or by any Minister of \r\nReligion licensed under this Act to solemnize marriages, shall, immediately after the \r\nsolemnization thereof be registered in duplicated by the same; (that is to say) in a \r\nmarriage register-book to be kept by him for that purpose, according to the form \r\ncontained in the Fourth Schedule hereto annexed and also in a certifica te attached \r\nto be marriage-register-book as a counterfoil. \r\n33. Entries of such marriages to be signed and attested .– The entry of such  \r\nmarriage in both the certificate and marriage -register-book shall be signed by the \r\nperson solemnizing the  marriage, and a lso by the persons married and shall be \r\nattested by two credible witnesses,  other than the person solemnizing the marriage, \r\npresent at its solemnization. \r\nEvery such entry shall be made in order from the beginning to the end of the \r\nbook, and the number of the certificate shall correspond with that of the entry in the \r\nmarriage-register-book. \r\n34. Certificate to be forwarded to Marriage Registrar, copied and sent to \r\nRegistrar General.– The person solemnizing the marriage shall forthwith separate \r\nthe certificate from the marriage-register-book and send it, within one month from the \r\ntime of the  solemnization, to the Marriage  Registrar of the district in which the \r\nmarriage was solemnized,  or, if there be more Marriage Registrars than one, to the \r\nSenior Marriage Registrar, who shall cause such certificate to be copied into a book \r\nto be kept by him for that purpose. \r\nAnd shall  send all the  certificates which he has received during the month, \r\nwith such number and signature or initials added thereto as are hereinafter required, \r\nto the Registrar General of Births, Deaths and Marriages. \r\n35. Copies of certificates to be entered and numbered .– Such copies shall be \r\nentered in order from the beginning to the end of the said book and shall bear both \r\nthe number  of the  certificate as copied and also a number to be entered by the \r\nMarriage Registrar indicating the number of the entry of the said copy in the said \r\nbook, according to the order in which he receives each certificate. \r\n36. Registrar to add number of entry to certificate and  send to Registrar  \r\nGeneral.– The Marriage Registrar shall also add such last mentioned number of the \r\nentry of the in the book to the certificate, with his signature or initials, and shall, at \r\nthe end of every month send the same to the Registrar General of birth Deaths and \r\nMarriages. \r\n37. Registration of marriages between Native Christians by persons referred \r\nto clauses (1), (2)  and (3)of section 5 .– When any marriage between Native \r\nChristians is solemnized by any such person, Clergyman or Minister of Religion as is \r\nreferred to in clause (1) clause (2 ) or clause (30 of section 5, the person \r\nsolemnizing the same  shall, instead of proceeding in the  manner provided by \r\nsections 28 to 36, both inclusive, register the marriage in a separate register -book, \r\nand shal l keep it safely until it is  filled, or, if he leaves the district in which he \r\nsolemnized the marriage before the said book is filled, shall make over the same to \r\nthe person succeeding to his duties in the said district. \r\nCustody and disposal of register-book. Whoever has the control of the book at \r\nthe time when it is filled, shall send it to the Marriage Registrar of the district, or, if \r\nthere be more Marriage Registrars than one, to Senior Marriage Registrar, who shall \r\nsend it to Registrar  General of Birth , Deaths and Marriages, to be kept by kept by \r\nhim with the records of his office. \r\nPART V \r\nMARRIAGES SOLEMNIZED BY, OR IN THE PRESENCE OF, \r\nA MARRIAGE REGISTRAR \r\n38. Notice of intended marriage before Marriage Registrar.– When a marriage \r\nis intended to be solemnized by, or in the presence of, a Marriage Registrar, one, of \r\nthe parties to such  marriage shall give notice in writing, in the form contained in the \r\nFirst Schedule hereto annexed, or to t he like effect, to any Marriage Registrar of the \r\nDistrict within which the parties have dwelt; \r\nor if the parties dwell in different district, shall give the like notice to a Marriage \r\nRegistrar of each district, \r\nand shall state therein the name and surname, and the profession or \r\ncondition, of each  of the parties intending  marriage, the dwelling-place of each of \r\nthem, the time during  which each has dwelt  therein, and the place at which the \r\nmarriage is to be solemnized. \r\nProvided that, if either party has dwelt in the place stated in the notice for \r\nmore than one month, it may  be stated therein that he or she has dwelt there one \r\nmonth and upwards. \r\n39. Publication of notice.– Every Marriage Registrar shall, on receiving any such \r\nnotice, cause a copy thereof to be affixed in some conspicuous place in his office. \r\nWhen one of the parties intending marriage is minor, every Marriage Registrar \r\nshall, within twenty-four hours after the receipt by him of the notice of such marriage, \r\nsend, by post of otherwise, a copy of such notice to each of the other Marriage \r\nRegistrars (if any ) in the  same district who shall likewise affix the copy in some \r\nconspicuous place in his own office. \r\n40. Notice to  be filed and copy entered in Marriage Notice Book .– The \r\nMarriage Registrar shall file all such notices and keep them with the records of his \r\noffice. \r\nAnd shall also forthwith enter a true copy of all such notices in a book to be \r\nfurnished to him for that purpose by the Provincial Government and to be called the \r\n“Marriage Notice Book”, \r\nAnd the marriage Notice Book shall be open at all reasonable times, without \r\nfee, to a persons desirous of inspecting the same. \r\n41. Certificate of notice given and oath made .– If the party by whom the notice  \r\nwas given requests the Marriage Registrar to issue the certificate next hereinafter \r\nmentioned, and if one of the parties intending marriage has made oath as hereinafter \r\nrequired, the Marriage Register shall issue under his hand a certificate of such notice \r\nhaving been given and of such oath having been made: \r\nProviso provided– \r\nThat no lawful impediment be shown to his  satisfaction why such certificate \r\nshould not issue; \r\nThat the issue of such certificate has not been forbidden in manner  \r\nhereinafter mentioned, by any person authorized in that behalf by this Act; \r\nThat four days after the receipt of the notice have expired, an d further, that \r\nfour days after the receipt of the notice have expired, and further, \r\nThat where, by such oath it appears that one of the parties intending marriage \r\nis a minor, fourteen days after the entry of such notice have expired. \r\n42. Oath before issue  of certificate .– The certificate mentioned in section 41  \r\nshall not be issued by any Marriage Registrar, until one of the parties intending \r\nmarriage appears personally before such Marriage Registrar, and makes oath– \r\n(a) that he or she believes that there  is not any impediment  of kindred or \r\naffinity, or other lawful hindrance, to the said Marriage and \r\n(b) that both the parties have, or (where  they have dwelt  in the district of \r\ndifferent Marriage Registrars) that the party making such oath has, had \r\ntheir, his or her usual place of abode within the district of such marriage \r\nRegistrar. \r\nAnd, where either or each of the parties is a minor,-- \r\n(c) that the consent or consents to such marriage required by law has or \r\nhave been obtained thereto, or that there is no per son resident in \r\nPakistan authorized to give such consent, as the case may be. \r\n43. [Petition to High Court to order certificate in less than fourteen days] .– \r\nomitted by A.O., 1949, Schedule. \r\n44. Consent of father or guardian. Protest against issue of certif icate.– The \r\nprovision of section 19 apply to every marriage under this Part, either of the parties \r\nto which is a minor;  and any person whose consent to such marriage  would be \r\nrequired there under may enter a protest against the issue of the Marriage \r\nRegistrar’s certificate, by writing, at any time before the  issue of such certificate, the \r\nword “forbidden” opposite to the entry of the  notice of such intended marriage in the \r\nMarriage Notice Book, and by subscribing  thereto his or her name and place of \r\nabode, and his or her position with respect to either of the parties, by reason of \r\nwhich her or she is so authorized. \r\nEffect to protest. When such protest  has been entered, no certificate shall \r\nissue until the Marriage Registrar has examined into the matter of th e protest, and is \r\nsatisfied that it ought not to obstruct  the issue of the certificate for the said marriage, \r\nor until the protest be withdrawn by the person who entered it. \r\n45. Petition where person whose consent is necessary is insane, or  unjustly \r\nwithholds consent .– If any person whose consent is necessary to any marriage \r\nunder this part is of unsound mind,  or if any such person (other than the father ) \r\nwithout just cause withholds his consent to the marriage,  the parties, intending \r\nmarriage may apply by petition, to the District Judge. \r\nProcedure on  petition. And the said District Judge may examine the \r\nallegations of the petition in a summary way:– \r\nAnd, if upon examination such marriage appears proper, such District judge \r\nshall declare the marriage to be a proper marriage. \r\nSuch declaration shall be as effectual as if the person whose consent was \r\nneeded had consented to the marriage; \r\nAnd, if he has forbidden  the issue of the Marriage Registrar’s certificate, such \r\ncertificate shall be issued and the like proc eeding may be had under this Part in \r\nrelation to the Marriage as if the issue of such certificate had not been forbidden. \r\n46. Petition where Marriage Registrar refuses certificate .– Whenever a  \r\nMarriage Registrar refuses to issue a certificate under this Part, either of the parties \r\nintending marriage may apply by petition to the District Judge. \r\nProcedure on petition. The said District Judge may examine the allegations of \r\nthe petition in a summary way, and shall decide thereon. \r\nThe decision of such  District Judge shall be final, and the Marriage Registrar \r\nto whom the  application for  the issue of a certificate was originally made shall \r\nproceed in accordance therewith. \r\n47. Petition when Marriage Registrar in Acceding State refuses certificate.– \r\nWhenever a Marriage Registrar resident in any Acceding State refuses to issue his \r\ncertificate either of the  parties intending marriage may apply by petition to the \r\nCentral Government, who shall decide thereon. \r\nSuch decision shall be final, and the Marriage Registrar to who m the \r\napplication was originally made shall proceed in accordance therewith. \r\n48. Petition when Registrar doubts authority of person forbidding .– \r\nProcedure on petition. Whenever a Marriage Registrar, acting under the provisions \r\nof section 44, is do, the sai d Marriage Registrar shall apply by petition, to the District \r\nJudge. The said petition shall state all the circumstances of the case, and pray for \r\nthe order and direction of the Court concerning the same. \r\nAnd the said District judge shall examine into the allegations of the petition \r\nand the said circumstances of the case: \r\nAnd if, upon such examination, it appears that the person forbidding the issue \r\nof such certificate is not authorized by law so to do, such District Judge shall declare \r\nthat the person forbidding the issue of such certificate is not authorized as aforesaid, \r\nAnd thereupon such certificate shall be issued, and the like proceedings may \r\nbe had in relation to such marriage as if the issue had not been forbidden. \r\nReference when  Marriage Registrar in Acceding State doubts authority of \r\nperson forbidding. Whenever a Marriage Registrar appointed under section 8 to act \r\nwithin any Acceding State  is not satisfied that the person forbidding the issue of the \r\ncertificate is authorized by law so to do, the sa id Marriage  Registrar shall send a \r\nstatement of all the circumstances  of the case, together with all documents relating \r\nthereto to the Central Government. \r\nProcedure on reference. If it appears to the Central Government that the \r\nperson forbidding the issue of such certificate is not authorized by law so to do, the \r\nCentral Government  shall declare that the person forbidding the  issue of such \r\ncertificate is not authorized as aforesaid, \r\nAnd thereupon such certificate shall be issued, and the like proceedings ma y \r\nbe had in relation to such Marriage as if the issue of the certificate had not been \r\nforbidden. \r\n49. Liability of frivolous protest against issue of certificate.– Every person \r\nentering a protest with the Marriage Registrar, under this Part against the issue of \r\nany certificate, on grounds which such marriage Registrar; under section 44 or the \r\nDistrict Judge, under section 45 or 46, declares to be frivolous and such as ought not \r\nto obstruct the issue of the certificate, shall be liable for the costs of all proceedings \r\nin relation thereto and for damages, to be recovered by suit by the person against \r\nwhose marriage such protest was entered. \r\n50. Form of certificate .– The certificate to be issued by the Marriage Registrar  \r\nunder the provisions of provisions of section 41 shall be in the form contained in the \r\nSecond Schedule to this Act annexed or to the like effect,  and the Provincial  \r\nGovernment shall furnish to every Marriage  Registrar a sufficient number of \r\ncertificates. \r\n51. Solemnization of marriage after issue of certificate.– After the issue of the \r\ncertificate of the Marriage Registrar,  or, where notice is required to be given under \r\nthis Act to the Marriage Registrars  for different districts, after the issue of the \r\ncertificates, of the Marriage Registrars for such districts, Marriage may, if there be no \r\nlawful impediment  to the marriage of the  parties described in such certificate or \r\ncertificates, be solemnized between them, according to such form and ceremony as \r\nthey think fit to adopt. \r\nBut every such marriage shall be solemnized in the presence of some \r\nMarriage Registrar (to whom shall be delivered such certificate or certificates as \r\naforesaid), and of two or more credible witnesses besides the Marriage Registrar. \r\nAnd in some part of the ceremony each of the pa rties declare as follows, or to \r\nthe like effect:– \r\n“I do not solemnly declare that I know not of any lawful impediment why I, \r\nA.B., may not be joined in matrimony to C.D.” \r\nAnd each of the parties shall say to the other as follows or to the like effect: -“I \r\ncall upon these persons here present to witness that I,A.B. do take the, C.D., to be \r\nmy lawful wedded wife [or husband]. \r\n52. When Marriage not had within two months after notice, new notice \r\nrequired.– Whenever a marriage is not solemnize the marriage nor shall any \r\nMarriage Registrar enter the same, until, new notice has been given, and entry \r\nmade, and certificate thereof given, at the time and the manner aforesaid. \r\n53. Marriage Registrar may ask for  particulars to be registered.– A Marriage \r\nRegistrar before whom any marriage is solemnized under this Part may ask of the \r\npersons to be married the several particulars required to be registered touching such \r\nmarriage. \r\n54. Registration of marriage solemnized under Part V.– After the \r\nsolemnization of any marriage under this Part, the Marriage Registrar present at \r\nsuch solemnization shall forthwith register the marriage in duplicate that is to say, in \r\na marriage-register-book, according to the form of the Schedule hereto annexed, and \r\nalso in a certificate attached to the marriage-book as a counterfoil. \r\nThe entry of such marriage in both the certificate and the marriage -register- \r\nbook shall be  signed by the person by or before whom the marriage has been \r\nsolemnized, if there  be any such person, and by the Marriage Registrar present at \r\nsuch marriage, whether or not it is solemnized by him, and also by the parties \r\nmarried, and attested by two  credible witness other than the Marriage Registrar and \r\nperson solemnizing the marriage. \r\nEvery such entry shall be  made in order from the beginning to the end of the \r\nbook, and the number of the certificate  shall correspond with that of the entry in the \r\nmarriage-register-book. \r\n55. Certificates to be sent monthly to Registrar  General.– The marriage shall \r\nforthwith separate the certificate from the marriage -register-book and send it, at the  \r\nend of every month, to the Registrar General of Births, Deaths and Marriages. \r\nCustody of register -book. The Marriage Registrar shall keep safely the said  \r\nregister-book until it is filled, and shall then send it to the Registrar General of Births, \r\nDeaths and Marriages, to be kept by him with the records of his office. \r\n56. Officers to whom Registrars in Acceding States shall send certificate .– \r\nThe Marriage Registrar in Acceding States shall send the certificates mentioned in \r\nsection 54 to such officers as the Central Government from time to time by \r\nnotification in the official Gazette appoints in this behalf. \r\n57. Registrar to ascertain that notice and certificate are understood by \r\nnative Christians.– When any Native Christian about to be married gives a notice of \r\nmarriage, or applies for a certificate from a Marriage Registrar, such Marriage \r\nRegistrar shall ascertain whether the said Native Christian understands the English \r\nlanguage, and, if he does not, the M arriage Registrar shall translate, or cause to be \r\ntranslated, such notice or  certificate, or both of them as the case may be, to such \r\nNative Christian into a language which he understands; \r\nOr the Marriage Registrar shall otherwise ascertain whether the Nat ive \r\nChristian is cognizant of the purport and effect of the said notice and certificate. \r\n58. Native Christian to be made to understand declarations .– When any \r\nNative Christian is married under the provisions of this Part, the person solemnizing \r\nthe marriage shall ascertain whether such Native Christian understands the English \r\nlanguage, and if he does not, the person solemnizing the marriage shall, at the time \r\nof the solemnization translate, or cause to be t ranslated, to such Native Christian,  \r\ninto a language which he understands, the declarations made at such marriage in \r\naccordance with the provision of this Act. \r\n59. Registrar of marriage between Native Christian .– The registration of \r\nmarriage between Native Christian under this Part shall be made in conform ity with \r\nthe rules laid down in section 37 (so far as they applicable), and not otherwise. \r\nPART VI \r\nMARRIGE OF NATIVE CHRISTIANS \r\n60. On what conditions marriages of Native Christian may be certificated .– \r\nEvery marriage between Native Christians applying for  a certificate shall without the  \r\npreliminary notice required under Part III be certified under  this Part, if the following \r\nconditions to be fulfilled, and not otherwise:– \r\n(1) the age of the man intending to be married shall exceed sixteen years, \r\nand the age of the woman intending to be married shall exceed thirteen \r\nyears. \r\n(2) Neither of the persons intending to be married shall have a wife or \r\nhusband still living; \r\n(3) In the presence of a person licensed under section 9, and of at least \r\ntwo credible witness es other than such person, each of the parties \r\nshall say to the other. \r\n“I call upon these persons here present to witness that I, A.B. in  the presence \r\nof Almighty God, and in the name of our Lord Jesus Christ, do take t hee, C.D., to be \r\nmy lawful wedded wife [or husband]” or words to the like effect: \r\nProvided that no marriage shall be certified under this Part when either of \r\nparties intending to be married has not completed his or her eighteenth years, unless \r\nsuch consent as is mentioned in section 19 has been given to the intended marriage, \r\nor unless it appears that there is no person living authorized to give such consent. \r\n61. Grant of certificate .– When, in respect to any marriage solemnized under \r\nthis Part, the  conditions, prescribed in section 60 have be en fulfilled, the person \r\nlicensed as aforesaid, in whose presence the said declaration has been made, shall, \r\non the application of either of the parties to such marriage, and on the payment of a \r\nfee of four annas, grant a certificate of the marriage. \r\nThe certificate shall be signed by such licensed person, and shall be received \r\nin any suit touching the validity of such marriage as conclusive proof of its  having \r\nbeen performed. \r\n62. Keeping of register-book and deposit of extract therefrom with \r\nRegistrar.– (1) Every person licensed under section 9 shall keep in English, or in the \r\nvernacular language in ordinary use in the district or State in which the marriage was \r\nsolemnized, and in such form as  the Provincial Government by which he  was \r\nlicensed may from time to time prescribe, a register-book of all Marriage solemnized \r\nunder this Part  in his  presence, and shall deposit  in the  territories under the \r\nadministration of the said Provincial Government in such form and  at such intervals \r\nas the Government may prescri be, true and duly authenticated extracts from his \r\nregister-book of all entries made therein since the last of those intervals. \r\n(2) Where the person keeping the register -book was licensed as regards \r\nand acceding State by the Central Government, references i n sub-section (1) to the \r\nProvincial Government  therein mentioned shall be  read as references to the \r\nProvincial Government to whose Registrar General of Births,  Deaths and Marriages \r\ncertified copies of entries in  registers of births and deaths are for the t ime being \r\nrequired to be sent under section 24, sub-section (2) of the Births, Deaths and \r\nMarriages Registration Act, 1886. \r\n63. Searches in register-book and copies of entries .– Every person licensed \r\nunder his Act to grant certificates of marriages and keeping a marriage-register-book \r\nunder section 62, shall, at all reasonable times allow search to be made in such \r\nbook, and shall payment of the proper fee, five a copy, certified under his hand, of \r\nentry therein. \r\n64. Books in which marriages of native Christians under Part I or Part III are \r\nregistered.– The provisions of sections 62 and 63, as to the form of the register - \r\nbook, depositing extracts therefrom, allowing searches thereof, and giving copies of \r\nthe entries therein, shall, mutandis, apply to the books under section 37. \r\n65. Part VI  not to apply to Roman Catholics, saving of certain marriages .– \r\nThis Part of this act, except so much of sections 62 and 63 as are referred to in \r\nsection 64  shall not apply to marriages between Roman Catholics. But nothing \r\nherein contained shall invalidate any marriage celebrated between Roman Catholics \r\nunder the provisions of Part invalidate any marriage  celebrated between Roman \r\nCatholics under the provisions of Part V of Act No. XXV of 1864, previous to the \r\ntwenty-third day of February, 1865. \r\nPART VII \r\nPENALTIES \r\n66. False oath, declaration, notice or  certificate for procuring marriage .– \r\nWhoever, for the purpose of procuring a marriage or license of marriage, intentionally \r\n(a) where an oath or  declaration is required by this A ct, or by any rule or \r\ncustom of a Church according to the rites and ceremonies of which a  \r\nmarriage is intended to be solemnized, such Church being the Church \r\nof England or of Rome, makes a false oath or declaration, or, \r\n(b) Where a notice or certificate is required by this Act, signs a false notice \r\nor certificate. \r\nShall be deemed to have committed the offence punishable under \r\nsection 193 of  the Pakistan Penal Code with imprisonment of either \r\ndescription for a term which may extend t o three years and, at the  \r\ndiscretion of the Court, with fine. \r\n67. Forbidding, by false personation, issue of certificate by Marriage \r\nRegistrar.– Whoever forbids the issue, by a Marriage Registrar, of a certificate, by \r\nfalsely representing himself to  be a person whose  consent to the marriage is \r\nrequired by law, knowing or believing such representation to be  false or not having \r\nreason to believe it to be  true, shall be  deemed guilty of the  offence described in \r\nsection 205of the Pakistan Penal Code. \r\n68. Solemnizing marriage without due authority.– Whoever, not being \r\nauthorized by section 5 of this Act to solemnize marriages, solemnizes or professes \r\nto solemnized the absence of a Marriage Registrar of the  district in which the  \r\nceremony takes place. Marriage between persons one or both of whom is or are a \r\nChristian or Christians, shall punished with  imprisonment which may extend to ten \r\nyears, (in lieu of a sentence  of imprisonment  for seven years  or upwards)with \r\ntransportation for a term of not less than seven years, and not exceeding ten  years, \r\nand shall also be liable to fine. \r\n69. Solemnizing marriage out of proper time, or without witnesses.– \r\nWhoever knowingly and willfully solemnizes a marriage between persons one or \r\nboth of whom is or are a C hristian or Christians, at any time other t han between the \r\nhours of six in  the morning and seven in the evening, or in the absence of at least \r\ntwo credible witnesses other than the person solemnizing the marriage, shall be \r\npunished with imprisonment for a term which may extend to three years, and shall \r\nalso be liable to fine. \r\nSaving of marriages solemnized under special license. This section does not \r\napply in  marriages solemnized under special licenses granted by the Anglican \r\nBishop of the Diocese or by his Commissary,  nor to marriages performed bet ween \r\nthe hours of seven in the evening and six in the morning by Clergyman of the Church \r\nof Rome, when he has received the general or special license in that behalf \r\nmentioned in section 10. \r\nNor does this section apply to marriages solemnized by a Clergyman  of the \r\nChurch Scotland according to the rules, rites, ceremonies and customs of the \r\nChurch of Scotland. \r\n70. Solemnizing without notice or within fourteen days after notice marriage \r\nwith minor.– Any Minister of Religion licensed  to solemnize marriages under this \r\nAct, who, without a notice in writing, or, when one of the parties to the marriage is a \r\nminor and the required consent of the parents of guardians to such marriage has not \r\nbeen obtain within fourteen days after  the receipt by him of notice of such m arriage \r\nknowingly and willfully solemnizes a marriage under Part II, shall be punished with \r\nimprisonment for a term which may extend to three years, and shall also be liable to \r\nfine. \r\n71. Issuing certificate, or marrying without publication of notice; marrying \r\nafter expiry of notice: solemnizing marriage with minor within fourteen days  \r\nwithout authority of Court or without sending copy of notice; issuing \r\ncertificate against authorized prohibition.– A Marriage Registrar under this Act, \r\nwho commits any of the following offences:– \r\n(1) knowingly and willfully issues any certificate for marriage, or solemnize \r\nany marriage, without publishing the  notice of such marriage  as \r\ndirected by this Act; \r\n(2) after the expiration of two months after the copy of the notice has  been \r\nentered as required by section 40 in respect of any marriage, \r\nsolemnizes such marriage. \r\n(3) Solemnizes, without any order of a competent Court authorizing him to \r\ndo so, any marriage, when one of the parties is a minor, before the \r\nexpiration of fourte en days after the receipt of the notice of such \r\nmarriage, or without sending, by the  post or otherwise, a copy of such \r\nmarriage, or without  sending, by the post or otherwise, a copy of such \r\nnotice to the Senior  Marriage Registrar of the district if there be more \r\nMarriage Registrars of the district than one, and if he himself be not the \r\nSenior Marriage Registrar; \r\n(4) Issue any certificate the issue of which had been prohibited, as in this \r\nAct provided, by any person authorized to prohibit the issue thereof, \r\nShall be punished with imprisonment for a term, which may extend to five \r\nyears, and shall also be liable to fine. \r\n72. Issuing certificate after expiry of  notice, or, in case of minor within \r\nfourteen days after notice, or against authorized prohibition .– Any Marriage \r\nRegistrar knowingly and willfully issuing any certificate for marriage after the \r\nexpiration of two months after the notice has been entered by him as aforesaid, \r\nor knowingly  and willfully issuing, without the order of a competent Court \r\nauthorizing him so  to do, any certificate for marriage, where one of the parties \r\nintending marriage is a minor, before the expiration of fourteen days after the entry of \r\nsuch notice, or any certificate the issue of which has been forbidden as aforesaid by \r\nany person authorized in his behalf,  shall be deemed to have committed an offence \r\nunder section 166 of the Pakistan Penal Code. \r\n73. Persons authorized to  solemnize marriage.– (other than Clergy  of \r\nChurches of England, Scotland or Rome); Issuing certificate or marry ing, without  \r\npublishing notice, or other expiry  of certificate; issuing certificate for, or solemnizing \r\nmarriage with minor; within fourteen days after notice;  issuing certificate authorizedly \r\nforbidden; solemnizing marriage authorizedly forbidden. Whoever, being authorized \r\nunder this Act to solemnize a marriage,  and not being a Clergyman of the Church of  \r\nEngland, solemnizing a marriage  after due publication of bans, or under a license \r\nfrom the Anglican Bishop of the Diocese or a Surrogate duly authorized i n that \r\nbehalf. \r\nOr not being a Clergyman of the Church of Scotland,  solemnizing a marriage \r\naccording to the rules, rites, ceremonies and customs of that Church, \r\nOr, not being a Clergyman of the Church of Rome, solemnizing a marriage  \r\naccording to the rites, rules, ceremonies and customs of that Church, \r\nKnowingly and willfully issues any certificate for marriage under this Act, or \r\nsolemnizes any marriage between such persons as aforesaid, without publishing, or \r\ncausing to be affixed, the notice of such marriage as directed in Part III of this Act, or \r\nafter the expiration of two months after the certificate has been issued by him. \r\nOr knowingly and willfully  issues any certificate fro marriage, or solemnizes a \r\nmarriage between such persons  when one of the persons  intending marriage is a \r\nminor, before  the expiration of fourteen days  after the receipt of notice  of such \r\nmarriage, or without sending, by the post or otherwise, a copy of such notice to the \r\nMarriage Registrar, or, if there be more Marriage Registrars than one, to the Senior \r\nMarriage Registrar of the district; \r\nOr knowingly and willfully issues any certificate the issue of which has been \r\nforbidden under this Act, by any person authorized forbid the issue; \r\nOr knowingly and willfully solemnizes any marriage forbidden by any person \r\nauthorized to forbid the same; \r\nShall be punished  with imprisonment for a term which may extend to four \r\nyears and shall also be liable to fine. \r\n74. Unlicensed person granting certificate pretending to be licensed.– \r\nWhoever, not being licensed to grant a certificate of marriage under Part VI of this \r\nAct, grants such certificate intending thereby to make it appear that he is licensed, \r\nshall be punished with imprisonment for a term which may extend to five years, and \r\nshall be liable to fine. \r\nWhoever, being licensed to grant certificates of marriage under Part VI of this \r\nAct, without just  cause refuses, or willfully neglects or omits, to perform any of the \r\nduties imposed upon him by that Part shall be punished with fine which may extend \r\nto one hundred rupees. \r\n75. Destroying or falsifying register books .– Whoever, by himself or another  \r\nwillfully destroys or injures any register -book or the counterfoil certificate thereof, or \r\nany part thereof, or any authenticated extract therefrom, \r\nor falsely makes or counterfeits any part of such register -book or counterfoil \r\ncertificates, \r\nor willfully inserts any  false entry in any such register -book or counterfoil \r\ncertificate or authenticated extract, \r\nshall be punished with imprisonment for a term which may extend to seven \r\nyears, and shall also be liable to fine. \r\n76. Limitation of prosecutions under  this Act.– The prosecution for every  \r\noffence punishable under this Act shall be commenced within two years after the \r\noffence is committed. \r\nPART VIII \r\nMISCELLANEOUS \r\n77. What matters need not be proved in respect of marriage in accordance \r\nwith Act.– Whenever any marriage has been solemnized in accordance with the  \r\nprovision of sections 4  and 5, it shall  not be void merely on account of any \r\nirregularity in respect of any of the following matters, namely:– \r\n(1) any statement made in regard to the dwelling of the persons married, \r\nor to the consent of any person whose consent to such marriage is \r\nrequired by law: \r\n(2) the notice of the marriage. \r\n(3) The certificate or translation thereof: \r\n(4) The time and place at which the marriage has been solemnized:  \r\n(5) The registration of the marriage. \r\n78. Correction of errors.– Every person charged with the duty of registering any \r\nmarriage who discovers any error in the form or substance  of any such entry, may , \r\nwithin one  month next after the  discovery of such error, in the presence of the \r\npersons married, correct the error, by entry in the margin, without  any alteration of \r\nthe original entry, and shall sign the marginal entry, and add t hereto the date of such \r\ncorrection, and such person shall make the like marginal entry in the certificate \r\nthereof. \r\nAnd every entry made under this  section shall be attested by the witnesses in \r\nwhose presence it was made. \r\nAnd in case such certificate has been already sent to the Registrar General of \r\nBirths, Deaths and Marriages such person shall make and send in like manner a \r\nseparate certificate of the original erroneous entry, and of the marginal correction \r\ntherein made. \r\n79. Searches and copies of  entries.– Every person solemnizing a marriage  \r\nunder this Act, and hereby required to register the same, and  every Marriage \r\nRegistrar or Registrar General of Births Deaths and Marriages having the custody for \r\nthe time being of any register of marriages or of any certificate, or duplicate or copies \r\nof certificate, under this Act, \r\nshall on payment of the proper fees, at all reasonable times, allow searches to \r\nbe made in such register, or for such  certificate, or duplicate, or copies, and give a \r\ncopy under his hand of an entry in the same. \r\n80. Certified copy of entry in marriage -register, etc., to be evidence .– Every \r\ncertified copy, purporting to be signed by the person entrusted under this Act with the \r\ncustody of any  marriage-register or certificate, or duplicate, req uired to be kept or \r\ndelivered under this Act, of an entry of a marriage in such register, or of any such \r\ncertificate or duplicate shall be received as evidence of the marriage purporting to be \r\nso entered, or of the facts purporting to be so certified there in, without further proof \r\nof such register or certificate or duplicate, or of any entry therein, respectively or of \r\nsuch copy. \r\n81. Certificates of certain marriages for Central Government.– The Register \r\nGeneral of Births,  Deaths, and Marriages and the officers appointed under section \r\n56 shall, at  the end of every quarter in each year, select, from the certificates of \r\nmarriages forwarded to them, respectively, during such quarter, the certificates of the \r\nmarriages of which the Government by whom he  was appoi nted may desire that \r\nevidence shall be transmitted to England, and shall send the same certificate, signed \r\nby them respectively, to the Central Government. \r\n82. Provincial Government to prescribe fees.– Fees shall be chargeable under \r\nthis Act for - receiving and publishing notices  of marriages;  issuing certificates  for \r\nmarriage by Marriage Registrars, and registering marriages by the same;  \r\nentering protests against, or prohibitions of, the issue of certificates for \r\nmarriage by the said Registrars; \r\nsearching register-books or certificates, or duplicates of copies thereof, giving \r\ncopies of entries in the same under sections 63 and 79. \r\nThe Provincial Government shall fix the amount of such fees respectively \r\nAnd may from time to time vary or remit them either gen erally or in special \r\ncases as it may seem fit. \r\n83. Power to make rules.– The Provincial Government may make rules in regard \r\nto the  disposal of the fees mentioned in sections 82, the supply of register -books, \r\nand the preparation and submission of returns of marriages solemnized under this \r\nAct. \r\n84. Power to  prescribe fees and rules for Acceding States .– The powers  \r\nconferred on the Provincial Government by section 82 and 83 shall, so far as regards \r\nAcceding States, be exercised by the Central Government. \r\n85. Power to declare who shall be District Judge.– The Provincial Government \r\nmay, by notification in the  official Gazette, declare who shall, in any place to which \r\nthis Act applies, be deemed to be the District Judge. \r\n86. Powers and functions exercisable as reg ards Acceding States .– (1) The \r\npowers and functions exercisable by the Central Government under section 6, 8, 9, \r\n47, 48, 56 and  84 shall so  far as regards any Acceding State  which is  within the  \r\npolitical charge of a Provincial government be exercisable by that Provincial \r\nGovernment. The exercise under  this section by any Provincial government of \r\npowers and functions under sections 6,8,9 and 56 shall be by notification in the local \r\nofficial Gazette. \r\n(2) The powers and functions exercisable under this Act by the Central  \r\nGovernment may be delegated to and exercised by such officers as it may from time \r\nto time appoint in this behalf. \r\n87. Saving of consular marriage.– Nothing in this Act applies to any marriage \r\nperformed by any Minister, Consul or Consular Agent between subjects of the State \r\nwhich he represent and according to the laws of such State. \r\n88. Non-validation of marriages  within prohibited degrees.– Nothing in this \r\nAct shall be deemed to validate any marriage, which the personal law applicable to \r\neither of the parties forbids him or her to enter into.",
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