Marriage by Registrars Act 1852, 5 of 1852, (Rep., Act 15 of 1872)

Section IX. I n all cases where a Marriage Registrar, acting under the provisions of the fourth Section of the s

Repealed or not in force · As amended up to 2026-08

IX. I n all cases where a Marriage Registrar, acting under the provisions of the fourth Section of the said Act of ParliaReferences by the Registrars in cases ment, shall not be satisfied that the person forbidding the of `doubt.` issue of the Certificate is authorized by law so to do, the said Marriage Registrar shall apply by petition, which may in all cases be on unstamped paper, where the district of such Registrar is within any of the Towns of Calcutta, Madras, and Bombay, to the Supreme Court of Judicature in the Presidency or place within which such district is comprised, or if such district be not within any of the said Towns, then to the Judge of the Zillah or; District within which the same is cowprised, and the said petition shall state all the circumstances of the cam; and pray for the order and direction ofthe Court concerning the same, and the said Supreme Court, or any Judge thereof, or such Judge of the Zillah or District, shall be empowered to examine into the allegations of the Petiif tion and the circumstances of the case in a summary way, and upon such examination it shall appear that the person forbidding the issue of such Certificate is not authorized by law SO to do, such Supreme Court, or any Judge thereof, or such Judge of the Zillah or District, shall declare that the person forbidding the issue of such Certificate is not authorized as aforesaid, and that then and in such case such Certificate shall be issued, and the like Proceedings may be had under the said Act of Parliament in relation to such Marriage as if the issue of such Certificate had not been forbidden by such person. And in all cases where a Marriage Registrar, appointed `tb` act within the Territories of any Native Prince or Shte in B alliance alliance I . I alliance with the East India Cornpaily actiag. :llnd&r the p~ovisions of the && f&&ion of fill6 said of- Pai41iament, hat be satisfied that the pe,i?gon forbidding the issue of the ~ e ~ t i f i ~ ~ t ~ i~ ,not autl~orieed by law so to do, the said Marriage Reiish.ar sha,ll .transmitla of all the cif- ~~iilstances of the case, together wit11 all. do&ments alld papell& relating thereto, to the Governor General of India in Council, if it shallappear to' the said Governor General of India in Council that the person forbidding the i $ s ~ e of such Cc~tificnte is hot:.autlx&ized by law..& to. &, -the sdd Ckuerhok General df - India in Couilcil ' shall declaye that the y arty fogbiilding the issue of such Certificate is hot a~rthoiized as aforesaid, and .......... th.& t hal. afid, in such.case such Certificaiie shall be- issued, and the like proceedings may `be` had under the said Act of Parliament in relatioh to buoli lMarriage, a8 i f the issue of such Co~l,ificn;te, had not been forbidden by such person. X. In all cases whatsoever where a, Mmsiage Registrar resident `in` ;. where[the m~ritories of any ][Native. ][P h c e ] [or ][state in all.&nce ] ppeal Registrai in .Allied Nitive 8 k t e tefuses .with ..$he .zast India Co.&p&y. hm. wfiged to isske Cerh Cerdflcate. tifieate, `it` shall be l,&.+&g f&p ctiQe* of .%he . p a ~ & s ilaknding. :&sr2iag.e to %y ~ e t i t i ~ f i ' t ~ t h e Cowrnir &nmal of India in Goahha, d'31.d the (&jsemop a n & M ~f Ifidia in Council -.&all

Source: India Code