Chapter II§4–9
Part I — The persons by whom marriages may be solemnized
The 'who may marry whom' chapter. §4 makes Act-compliant solemnisation mandatory wherever even one party is Christian, on pain of voidness. §5 lists the five categories of persons authorised to solemnise: episcopally-ordained clergy, Clergymen of the Church of Scotland, Ministers of Religion licensed under the Act, Marriage Registrars, and persons licensed under §9 to certify marriages between Indian Christians. §§6–9 describe State Government licensing and revocation of those licences and the appointment of Marriage Registrars.
6 sections · MVP coverage
Marriages to be solemnized according to Act
Any marriage where one or both parties is Christian must be solemnised under §5; otherwise it is void.
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 the next following section; and any such marriage solemnized otherwise than in accordance with such provisions shall be void.
Persons by whom marriages may be solemnized
Five categories may solemnise: (1) episcopally-ordained clergy, (2) Church of Scotland clergy, (3) Ministers of Religion licensed under this Act, (4) Marriage Registrars, and (5) §9-licensees for Indian Christian marriages.
Persons by whom marriages may be solemnized.—Marriages may be solemnized in India— (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 and customs of the Church of Scotland; (3) by any Minister of Religion licensed under this Act to solemnize marriages; (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 Indian Christians.
Grant and revocation of licenses to solemnize marriages
The State Government may, by Official Gazette notification, grant and revoke licences to Ministers of Religion to solemnise marriages in its territory.
Grant and revocation of licenses to solemnize marriages.—The State Government, so far as regards the territories under its administration, may, by notification in the Official Gazette, grant licenses to Ministers of Religion to solemnize marriages within such territories and may, by a like notification revoke such licenses.
Marriage Registrars
State Government appoints one or more Christian Marriage Registrars per district; with multiple Registrars one is designated Senior; the District Magistrate fills any vacancy. (Karnataka substitutes 'District Magistrate' for 'Magistrate of the district'.)
Marriage Registrars.—The State Government may appoint one or more Christians, either by name or as holding any office for the time being, to be the Marriage Registrar or Marriage Registrars for any district subject to its administration.
Senior Marriage Registrar.—Where there are more Marriage Registrars than one in any district, the State 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.
[State amendment — Karnataka: "Magistrate of the district" substituted by "District Magistrate" — Karnataka Act 13 of 1965, s. 67 and Schedule.]
Marriage Registrars in Indian States
Repealed by the Adaptation of Laws Order, 1950.
[Marriage Registrars in Indian States.]—Rep., by the A. O. 1950.
Licensing of persons to grant certificates of marriage between Indian Christians
State Government may licence a Christian, by name or by office, to grant certificates of marriage between Indian Christians, and may revoke such licence by Gazette notification.
Licensing of persons to grant certificates of marriage between Indian Christians.—The State Government may grant a license to any Christian, either by name or as holding any office for the time being, authorizing him to grant certificates of marriage between Indian 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.