Section 45. Petition where person whose consent is necessary is insane, or unjustly withholds consent. Procedure on petition

45. Petition where person whose consent is necessary is insane, or unjustly withholds consent. Procedure on petition. 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, where the person whose consent is necessary is resident within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if he is not resident within any of the said towns, then to the District Judge: — Procedure on petition. And the said Judge of the High Court, or District Judge, as the case may be, may examine the allegations of the petition in a summary way; and, if upon examination such marriage appears proper, such Judge of the High Court or District Judge, as the case may be, shall declare the marriage to be a proper marriage. Such declaration shall be as effectual as if the person whose consent was needed had consented to the marriage; and, if he has forbidden the issue of the Marriage Registrar's certificate, such certificate shall be issued and the like proceedings may be had under this Part in relation to the marriage as if the issue of such certificate had not been forbidden. — 46. Petition when 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, where the district of such Registrar is within any of the towns of Calcutta, Madras and Bombay, to a Judge of the High Court, or if such district is not within any of the said towns, then to the District Judge. Procedure on petition .—The said Judge of the High Court, or District Judge, as the case may be, may examine the allegations of the petition in a summary way, and shall decide thereon. The decision of such Judge of the High Court or District Judge, as the case may be, shall be final, and the Marriage Registrar to whom the application for the issue of a certificate was originally made shall proceed in accordance therewith. 47 .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 Indian State refuses certificate .] Omitted by the A.O . 1950.