Repealed or not in force · As amended up to 2026-08
PART 111.
% `Time` for solenznizing ~7%c(wiages.
XXIV. Rve1.y maniage soleninized ill Iizdisl from and after tlie first day Hours I,etween n.hicll to of July 1864, by ally person who has received be solemnized. episcopal ordiiiatioa, or by any Clergyman of the Church of Scotlaad, or by any Minister licensed under this Act to solemnize marriages, sllall be solemnized between the hours of six in tlie morning and sevefi in the evening. But the provisions of this Proviro.. Section shall not apply to a Clergyman solemnizing a iai;riaSge under a sl~ecia l icense permitting him to do so at any hour other than between six in the morning and seven in the evening, from and under the hand and seal of the Bishop of the Diocese or from his Comllzissary. For such special license the ~ e g i s t ~ a r of the Diocese shall be entitled to c1inrg.e such additional fee as the Bishop of the Diocese may sanction.
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A s to the Zegist~~aizon qf J!hav?.ic~ges i/rz, filikclia.
XXV. All marriages solemlzized ill India from and after the first day of Marriages with certain exceptio~~s[July 1864, between persons both or one of whom ] scribed. to he registercd as Ilereillafter prcshall profess the Christian Religion, except marriages solelniiized uncler the said Btabute 144 and 16 Vic., cap. 40, and the said Act V of 1852 of the (ioveiiior-General of India in Council, shall be registered in the manner hereinafter prescribed. Yrovided Proviso. that 1x0 mission or defect i11 such registration sl~all invalidate any marriage not otlierwise invalid. XXVI. Bvesy
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ACT No. XXV or: 3864,
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SYVI. Every nlarriage so!emnizeci by a Gle~gyman of t,he Church of licgistrntion or tnnrriagcc; solcmoizcd Ellgland s?lall be registerecl by thc Clergyman by Clergyme11 of the Churcl~ of X11gland. solemnizing the same in the Register of Marriages of the Station or District in 1vhicl1 thc marriage shall be solemnized, according. to the foxn contained in the Schedule (C) to this Act annexed.
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SXVII. Every Clergyman of* the Church of Englancl shall senc! foar
times in every gear returns in d~~plicate, authen- `-2` (Joartel.ly ~ c t ~ ~ r l l s to Artl~ctcaconry. 4 ticated by the signature of sucll Clergyman, of the entries in the Register of T~farriages solcmnizeil at or in any Stat.ion or District a~t which such Clergyman shall Ilave ally spiritual cha~ge, to. ' the Registrar of tlle L4rcl~deaconry to which hc slinll i)o sul~jer:t, or `4` within the liniits of which such Station or Uistlict shall hc situated. Sucli f .># returns shall contain all the entries of' marriages conti~,inecl in the . said Register from tlie first da.y of January to tl-te thiyty-first dzsy of >,!Xarch, -4 from the first day of iipril to the thirtieth day of JII~P, from the first day of ;i July to the thirtieth day of September, and froiiz the first day of 0-ctober to the thirty-first day of December, of each year respectively, slid shall be trsns4 mitted by such Clergyman witllin two ~rreelcs from t!he expiration of each of `4` the guarters above specified. The sitid Ecgistrar upon receiving the silme 1 sha.11 tra.nsrnit oiie duplicate to the Secretary to the Government a t the Presi- -rt `4` , -3 delzcy in which such Arc.lideaconry shall be. .,i3 l .
XXVIIT. Every marriage soleninizecl by a Clergyman of the Church of riages Registration and returns of mar- by Clergylnen of the Churcll of 8cotla,lid be -registered by the CleYgyman Qcot.lalli(. solemnizing t*he same in a Register ,of Narriages to be liept by hirn for the Station or District in which the mavriage shall be solemnized, in the form prescribed in Section XXPI for inarriages solemnized by Clergymen of the Church of Engla,nd, and such Clargyman shall forward quarterly to the Secretary to G-overnment., through t,he Senior Cha13la~ili of snc!.l Church, returns similar to those prescribed in the precedilig Section foor Clergyinen of the Church of England, of all' ma13j:iages soleinnized hy llini.
XSIX. ARei. the solenlnization of any marriage ~uiider this Act [IF- :ally . . persoll who has receiv-ecl episcopal ordinat,iou, but Marriages eolcul~uizcd !>y certaiu persolls t o l ~ c entered in ltegistcr l300k 1~410 is not a Clergyman of tlic Church of Ellgl&ild, nw! also in a ccrt.ificatc. or by ally Minist,er of Religion licensed ~mder this Act to solenin~ec marriages, tlie person solemnizing tlie same shall forthwith register
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register such marriage in duplicate :-that is to say, in a 31arriage Xegister Book to be kept by liiiv for tlmt purpose, according to the form prescribed by the Schedule (D) to this Act annexed, and also in a certificate attached to the Marriage Register Book as a couutcrfoil.
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XXX. The entry of such mairiage in 130th the certificate and Marriage Sncll Elltrles to signed at. Register Book shall be signed by the person by tested ml~orn `3%` said niarriagc has becn so1c:nnized aiicl also h~ the l~artiss marriecl, rLnd sl~all be attested by two witncsse~: who were prescnt at the sole~vnizatioll of the marriage, 2nd ever31 such entry shall be -n:2t!e i;i order from the beginning to the eiid of the bock, a i d the number GI" the ccrtificate shall corrcsj,oiid ~r it11 that of tlle entry in the PYParriage Register Booli.
ber GI" the ccrtificate shall corrcsj,oiid ~r it11 that of tlle entry in the PYParriage
XXXI. The person soleii~nixiug the said marriage shall forth\vith sepa-
rate the certificate from the Narriage Register sucl1 certificate to iJe forwR1.ded to[f500k, and transmit it withill oile caleiida:. 111011th ] initted to Goxrernment. Bfarriage Hcgirdrar, copied, d11d tl'aus- from the timc of the soleianizaf5on of the mid marriage to 'the 31arriagc Registrzr of the District in which such1 ~arriage-mra s olemnized, or, if there bc morc Naryiags Registrars than oae, to the senior $J&rriage Registrar, who sllall cause the saiiie to be copied into a book to be kept by him for that llurpose, and shall transmit all the said certificates ~vlljch he shall have received during tl1.e month, with such iiumber and sig~iature or initids added thereto as are hereinafter required, to tlie 8ecretary ta the Government of the Presidency or Lieutenant-Governorsl~i~ within which hc resides, t.ogether with the certificates from his own 3larriage Register Book ~.vllicli he shall t r a w i t under the twelfth Section of the said X'catute 14 and 15 Tic., cap. 40, but distinct tllerefrom.
SXXII. Such copies shall be entered in order fro111 the beginning to the Copies of certificates llo\r, to 11e en-[encl of t.he said book, and shall bear 130th the nurn- ] tared and ~lunlbered. ber of the certificate as copied, and also a number to be entered by the Marriage Registrar indicating the nuiilber of tlie entry of the said copy in the szid book, accordiilg to tlie order in ~vlijch each certific~te was rcccjved hy tlie said %Tarl*iage R~gistra~r,
XXXPIL. a'hc Blarringe 12 egistxar shall also n dd such last ~nentioned 1 ~ e ~ i s t : a ~ to add I I ~ ~ of entr? of ~ I I ~ ~ i1111nber of the entry of the copy in the book, to copy to the cc~.lific.~tc, &c the certificate, ~~ritli hjs signature or jnitials: aildl shr,ll
ACT Mo. XXV or?. 18644.
shall at the end of every month transmit, it112 same to the Secretary to tho Government of the Presidency, or Tieutei~ant-C2oyernorship, as aforesaid.
XXXIV. The person solemnizing any such marriage ass is provicled for in Custody aid di~~~osalof Register EOOIC Part V of this Act, sha,ll keel? safely the said T; cg- or this ~ c t . of marriages soleiiii~ized uilder Part V ister Boolc until tlie same shall be fillccl, or if he shall lcc27c the District in which lie solelnllizecl the n~ari-iage l~efore thc xiid * l~ooli. is filled, shall inakc over the saine to the person ~ 1 x 0 shall succeed to liis duties i : ~ the said District, who shzll keep s,o,fely the same, and sh2ll ci~ter therein .tile entries by this Act requjred to be lliade j11 respect of 1~lci:rrisge solemnized by liini within the said District; and the person having tllc cctiltrol of the booli at the time when the sa,ine slinll he fillecl, shall transmit tlie same to the $tarriage Registrar of tlze District, or, if there be more 3Tarriage Begistsars than onc, to the Senior 34arria.ge Eegistra'r, who shall trarzsmit the same to the Secretary to the Govcrnmcnt at the Presideilcy as a,foresaid, to be kept t by lzim with the records of his Office.
XXXV. Provided that .with ~egard to the marriages so certified, of which it may a,ppear to the Governor-General of India in l'ransinissiol~ of certificates of cc~tain to of Srate for Council desirable .that evidence shall be transmitMirriageS India. ted to England, the Secretary to the Governinent shall, it the end of every three calendar moliths in each year, send all the certificates of marriage sent7 to hi* as, aforesaid during such three montlls, signed by him, to the Secretary of State for Pndb, for the purpose of being delivered to the Registrar General of ~ i r t h s , Deaths, and Marriages.
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4r XXXVI. ilny person charged writ11 the duty o!' registering any marriage, who shall d;scover any error to have h e l l com21itCorrection of Errors. tedin the f0i.m 01: su1,stsnce of ally sucl~ entry, - may witliirl one caleiidar month lest after the discovery of sucli error, in the presence of the parties married, or, in case of their death or absence in tlie presence of two otliep credible wit11esse.s who shall respcctively a.ttest !;he same, correct the erroneous entry according to tlie truth of the ca,se,by entry in the margin witllout any alteration of the original eiit'ry, and shall sign the n~.a~gina1 entry, and a.dd there~~nto the clay of the month aad yt:m ~vhen such coriQection shad1 be, macle, aacl such person sharll make tlla like mn.rgin~;ll entl-y., attegt,ed in tlie like liza.nner, ill tlle certifica.te theret~f, :ind in case such certifi:.cate shall have beell already transmit.t&l t,o the Secretary to tlio Gb~rernmeilt
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ACT Wo. XXV OF 1864.
of the Presiclcncy or place within which he ?esicles, such persor\, sllall make and transmit in like manner. a separatc ccrtiticate of the o~iginal eyroneous entry, and of thc marginal corroctioli therein made.
XXXVII. Every person so1emni;:ing a l-tiarriage ~uider 'chis Act and llereby reqixirecl to register tile same, and every searclles I,,ay Ile arid copie"karriage Registrar oi. Secretary to Governi~ient who of certificates gireu. shall have tlie custocly for the time being of any TLegister of Ma,rriages, or of ally certificate or copies of certificate under this Act, shall at all reasonable times allow searches .to be mxle of any Ma,rria.ge Register Book, or of any certificate, or duplicate, or copies of certificate in liis custody, and shall give a 'copy under his hand of any entry or entries in the saame 011 the 13ai~nent of the fees hereinafter mentioned : that is, for every sewcb extending over a period of not more than one year the sulii of one Ptupee, a.nd .four anxias additional for every a,dditional. year, and the sum of one Rupee for every single certificate.
XXXVIII. All fees received hy a Marriage Registrar or Secretary shall be accounted for and paid over by him to GovernAppropriation of fees. ment, and all fees received by a person solemnizing a marriage not being a iKarriage Registrar, may be retained by such person.
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m XXXIX. Every certified copy, purporting to be signed by the person elitrusted under this Act with tlie custody of any negister, kc., Certified copy of entry in Marriage to be received as esidellce Na~riage Kegister or certificate or du~licate cerof marriage without further proof. tificate req~ired to be kept or delivered under this Act, of any entry of a marriage in sucli Register, or of any such certificate of duplicate certificate, shall be receivecl 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 copy, or of any entry therein respectively, or of such copy.
XI;.
XI;. Nothing contained ill this Part of this Act shall apply to the RegisThese provisions I ~ Oto ~apply to[ter or certificate of any marriage solemnized under ] Registers or certificates of certni11 marriages solelnllized by $farrianca[the said Statute ][144 ][and 15 Vic., cap. ][40, ][or the said ] Registr~rs. Act V of 1852 of the Governor-General of India in
Council.
XLI. h d
e AC'Y NO. XXV OF 18B4.
XLI. And whereas it is expeclient to ~iial<e prorision for tlie liiarriage ~ ~ o ~ r i ~ i ~ r l for ullarriage< of certdn of certain Kative Cl'ristialls to whoill the proviNntivc Cl~l'istixns. sioiis of tlie said Statute 14- and 15 Vic., cap. 40, and the said Act V of 1852 of the Governor General of India in Cot1n@il are found not to be suitable, it shall be la~vful for the local Government of any Presidency or place, or the Chief Commissioner of any Proiriiicc, to issue a license to any person, authorizing him to grant certificates of i~iarriage betvr-een Kative Christians, baing couGe~ts from any rcligioil 511 Tndia.
XLLP. It shall not be a necessary preliminary to tlic grant of [a ] certifi-
cate by ally person liceizsed under tlle last preKo lloticc uecessayy 1)eforc marri,tgc, k,nt certificate of rna~~ringo ul:La ceding Section, that any, notice of marriage ~110uld be glren. ' have beell given by either of tlie parties to such marriage, or that any certificate should have been issued of any notice having bee11 given under tlie provisions of the said A&t V of 1852 of tlie GorernorGeneral of India in Council, or other~vise, aiid every ilinrriage between n'ati1-e Christians as aforesaid ap1)lying for a certificate uilder this Part of this Act, shall be certified tailder this Part of Conditions. I this Act if the following collditioiis be fulfilled, and not other\vise :
`I.` The age of the inan intending to be married shall exceed sixteen years, aud the age of the moinali intending to be inarried shall exceed thirteen years :
2. The mail and the womaii sha.11 not stancl to ea?c11 other witlii-u thc prohibited degrees of consanguinity or affiiiitg :
- `3` Neither of the parties intending to be married shall have a wife or llusl~a~id still living :
4. I n the presence of the person so liceiised and of at least two witnesses, each of the parties shall say to the other-
" I call upon these yeysons here present to witliess that I, A. B., in the presence of Almighty God, do take thee, C. D., to be my lawful wedded wife (07% husbcmd)," or words to thc like effect :
Source: India Code