[Act 3 of 1872] [22nd March, 1872] Repealed by Act 43 of 1954 Passed by the Governor General of India in Council. (Received the assent of the Governor General on the 22nd March
1872. An Act to provide a form of Marriage in certain cases. Whereas it is expedient to provide a form of marriage for persons who do
not profess the Christian, Jewish, Hindu, Muhammadan, Parsi, Buddhist, Sikh or
Jaina religion, and to legalize certain marriages the validity of which is
doubtful; It is hereby enacted as follows:? This Act extends to the whole of British India, and shall come into
force on the passing thereof. Marriages may he celebrated under this Act between persons neither of
whom professes the Christian or the Jewish, or the Hindu or the Muhammadan, or
the P?rs? or the Buddhist, or the Sikh or the Jaina religion, upon the
following conditions:? (1)
Neither
party must, at the time of the marriage, have a husband or wife living: (2)
The
man must have completed his age of eighteen years, and the woman her age of
fourteen years, according to the Gregorian calendar: (3)
Each
party must, if he or she has not completed the age of twenty one years, have
obtained the consent of has or her father or guardian to the marriage: (4)
The
parties must not be related to each other in any degree of consanguinity or affinity
which would, according to any law to which either of them is subject, render a
marriage between them illegal. 1st Proviso.?No such law or custom, other than one
relating to consanguinity or affinity, shall prevent them from marrying. 2nd Proviso.?No law or custom as to consanguinity shall
prevent them from marrying, unless a relationship can he traced between the
parties through some common ancestor, who stands to each of them in a nearer
relationship than that of great-great-grand, father or great-great-grand-mother,
or unless one of the parties is the lineal ancestor, or the brother or sister
of some lineal ancestor, of the other. The Local Government may appoint one or more Registrars under this Act,
either by name or as holding any office for the time being, for any portion of
the territory subject to its administration. The officer so appointed shall be
called ?Registrar of Marriages under Act III of 1872,? and is hereinafter
referred to as ?the Registrar.? The portion of territory for which any such
officer is appointed shall be deemed his district. When a marriage is intended to he solemnized under this Act, one of the
parties must give notice in writing to the Registrar, before whom it is to be
solemnized. The Registrar to whom such notice is given must be the Registrar of a
district within which one at least of the parties to the marriage has resided
for fourteen days before such notice, is given. Such notice may be in the form given in the first schedule to this Act. The Registrar shall file all such notices and keep them with the records
of his office, and shall also forthwith enter a true copy of every such notice
in a book to be for that purpose furnished to him by the Government, to he
called the ?Marriage Notice Book under Act III of 1872,? and such hook shall be
open at all reasonable times, without fee, to all persons desirous of
inspecting the same. Fourteen days after notice of an intended marriage has been given under
section four, such marriage may he solemnized, unless it has been previously
objected to in the manner hereinafter mentioned. Any person may object to any such marriage on the ground that it would
contravene some one or more of the conditions prescribed in clauses (1), (2),
(3) or (4) of section two. The nature of the objection made shall he recorded in writing by the
Registrar in the register, and shall, if necessary, he read over and explained
to the person making the objection, and shall be signed by him or on his
behalf. On receipt of such notice of objection the Registrar shall not proceed
to solemnize the marriage until the lapse of fourteen days from the receipt of
such objection, if there be a Court of competent jurisdiction open at the time,
or, if there be no such Court open at the time, Until the lapse of fourteen
days from the opening of such Court. Objector may file suit.? The person objecting to the intended marriage
may file a suit in any Civil Court having local jurisdiction (other than a
Court of Small Causes) for a declaratory decree, declaring that such marriage
would contravene some one or more of the conditions prescribed in clauses (1),
(2), (3) or (4) of section two. The officer before whom such suit is filed shall thereupon give the
person presenting it a certificate to the effect that such suit has been filed.
If such certificate he lodged with the Registrar within fourteen days from the
receipt of notice of objection, if there be a Court of competent jurisdiction
open at the time, or, if there he no such Court open at the time, within
fourteen days of the opening of such Court, the marriage shall not be
solemnized till the decision of such Court has been given and the period
allowed by law for appeals from such decision has elapsed; or, if there he an
appeal from such decision, till the decision of the Appellate Court has been
given. If such certificate be not lodged in the manner and within the period
prescribed in the last preceding paragraph, or if the decision of the Court he
that such marriage would not contravene any one or more of the conditions
prescribed in clauses (1), (2), (3) or (4) of section two, such marriage may be
solemnized. If the decision of such Court be that the marriage in question would
contravene any one or more of the conditions prescribed in clauses (1), (2),
(3) or (4) of section two, the marriage shall not be solemnized. Any Court in which any such suit as is referred to in section seven is
filed, may, if it shall appear to it that the objection was not reasonable
and bon? fide, inflict a fine, not exceeding one thousand rupees, on the
person objecting, and award it, or any part of it, to the parties to the
intended marriage. Before the marriage is solemnized, the parties and three witnesses
shall, in the presence of the Registrar, sign a declaration in the form
contained in the second schedule to this Act. If either party has not completed
the age of twenty-one years, the declaration shall also be signed by his or her
father or guardian, except in the case of a widow, and, in every case, it shall
be countersigned by the Registrar. The marriage shall be solemnized in the presence of the Registrar and of
the three witnesses who signed the declaration. It may be solemnized in any
form, provided that each party says to the other, in the presence and hearing
of the Registrar and witnesses, ?I, [A,] take thees, [B,] to be my lawful wife
(or husband).? The marriage may be celebrated either at the office of the Registrar or
at such other place, within reasonable distance of the office of the Registrar,
as the parties desire: Provided that the Local Government may prescribe the
conditions under which such marriages may be solemnized at places other than
the Registrar's office, and the additional fees to be paid thereupon. When the marriage has been solemnized, the Registrar shall enter a
certificate thereof in a book to be kept by him for that purpose and to be
called the ?Marriage Certificate Book under Act III of 1872,? in the form given
in the third schedule to this Act, and such certificate shall be signed by the
parties to the marriage and the three witnesses. The Local Government shall prescribe the fees to be paid to the
Registrar for the duties to be discharged by him under this Act. The Registrar may, if he think fit, demand payment of any such fee
before solemnization of the marriage or performance of any other duty in
respect of which it is payable. The said Marriage Certificate Book shall at all reasonable times be open
for inspection, and shall be admissible as evidence of the truth of the
statements therein contained. Certified extracts therefrom shall on application
be given by the Registrar on the payment to him by the applicant of a fee to he
fixed by the Local Government for each such extract. Every person who, being at the time married, procures a marriage of
himself to he solemnized under this Act, shall he deemed to have committed an
offence under section four hundred and ninety-four or section four hundred and
ninety-five of the Indian Penal Code, as the case may he; and the marriage so
solemnized is void. Every person married under this Act who, during the life-time of his or
her wife or husband, contracts any other marriage, shall he subject to the
penalties provided in sections four hundred and ninety-four and four hundred
and ninety-five of the Indian Penal Code for the offence of marrying again
during the life-time of a husband or wife, whatever may he the religion which
he or she professed at the time of such second marriage. The Indian Divorce Act shall apply to all marriages contracted under
this Act, and any such marriage may he declared null or dissolved in the manner
therein provided, and for the causes therein mentioned, or on the ground that
it contravenes some one or more of the conditions prescribed in clauses (1),
(2), (3) or (4) of section two of this Act. The issue of marriages solemnized under this Act shall, if they marry
under this Act, he deemed, to he subject to the law to which their fathers were
subject as to the prohibition of marriages by reason of consanguinity and
affinity, and the provisoes to section two of this Act shall apply to them. Nothing in this Act contained shall affect the validity of any marriage
not solemnized under its provisions; nor shall this Act be deemed directly or
indirectly to affect the validity of any mode of contracting marriage; hut if
the validity of any such mode shall hereafter come into question before any
Court, such question shall be decided as if this Act had not been passed. All persons who have heretofore contracted marriages in the presence of
at least two witnesses, according to any form whatever, may at any time,
previous to the first day of January 1873, have such marriages registered under
this Act, and such marriages shall thereupon be deemed to he and to have been
as valid as if they had been contracted and solemnized under this Act: Provided
that persons who have such marriages registered under this section must, on
such registry, sign a declaration in the form given in the fourth schedule to
this Act. No marriage shall he registered under this section unless conditions
(1), (3) and (4) of section two were complied with; and no such marriage shall
he registered under this section if, during its continuance, either party has
contracted a subsequent marriage. Every person making, signing or attesting any declaration or certificate
prescribed by this Act, containing a statement which is false, and which he
either knows or believes to be false or does not believe to be true, shall he
deemed guilty of the offence described in section one hundred and ninety-nine
of the Indian Penal Code. FIRST SCHEDULE. (See Section 4). Notice of Marriage. To a Registrar of Marriages under Act III of 1872
for the District. I hereby give you notice that a marriage under Act
III of 1872 is intended to be had; within three calendar months from the date
hereof, between me and the other party herein named and described (that is to
say):? Names. Condition. Rank or profession. Age. Dwelling place. Length of residence. A. B. Unmarried. Widower. Landowner. Of full age. ???? 23 days. C. D. Spinster. ???? Minor. ???? ???? Witness my hand, this day of 187 (Signed) A.B. SECOND SCHEDULE. (See Section 10). Declaration to be made by the
Bridegroom. I, A B, hereby declare as follows:? 1.
I
am at the present time unmarried: 2.
I
do not profess the Christian, Jewish, Hind?, Muhammadan, P?rs?s, Buddhist, Sikh
or Jaina religion: 3.
I
have completed my age of eighteen years: 4.
I
am not related to CD [the bride] in any degree of consanguinity or
affinity which would, according to the law to which I am subject, or to which
the said CD is subject, and subject to the provisoes of clause (4) of
section two of Act III of 1872, render a marriage between us illegal: [And when the bridegroom has not completed his age
of twenty-one years: 5.
The
consent of my father [or guardian, as the case may be] has been given to a
marriage between myself and CD, and has not been revoked:] 6.
I
am aware that, if any statement in this declaration is false, and if in making
such statement I either know or believe it to be false, or do not believe it to
be true, I am liable to imprisonment, and also to fine. (Signed) AB [the bridegroom]. Declaration to be made by the Bride:? I, CD, hereby declare as follows:? 1.
I
am at the present time unmarried: 2.
I
do not profess the Christian, Jewish, Hind?, Muhammadan, P?rs?, Buddhist, Sikh
or Jaina religion: 3.
I
have completed my age of fourteen years: 4.
I
am not related to AB [the bridegroom] in any degree of consanguinity
or affinity which would, according to the law to which I am subject, or to
which the said AB is subject, and subject to the provisoes of clause
(4) of section two of Act III of 1872, render a marriage between us illegal: [And when the, bride has not completed her age of
twenty-one years, unless, she is a widow: 5.
The
consent of MN my father [or guardian, as the case may be],
has been given to a marriage between myself and AB, and has not been
revoked:] 6.
I
am aware that, if any statement in this declaration is false, and if in making
such statement I either know or believe it to be false, or do not believe it to
be true, I am liable to imprisonment, and also to fine. (Signed) CD [the bride]. Signed in our presence by the
above-named AB and CD: [And when the bridegroom or bride has not completed
the age of twenty-one years, except in the case of a widow: Signed in my presence and with my consent by the above-named AB and CD: MN, the father [or guardian] of the
above-named AB (or GD, as the case may be)]. (Countersigned) FF, Registrar of Marriages under Act 111 of 1872 for
the District of Dated the day of 18. THIRD SCHEDULE. (See Section 13). Registrar's Certificate. I, FF, certify that, on the of 18 appeared
before me AB and CD, each of whom in my presence and in the
presence of three credible witnesses, whose names are signed hereunder, made
the declarations required by Act III of 1872, and that a marriage under the
said Act was solemnized between them in my presence. (Signed) EF, Registrar of Marriages under Act III of 1872 for
the District of (Signed) AB, CD, Dated the day of 18. FOURTH SCHEDULE. (See Section 20). Declaration to be made by the Husband. I, AB, hereby declare as follows:? 1.
I
was married to CD at [place], on or about [date] in the presence of
[two witnesses]: 2.
I
was, at the time of my marriage to my wife, CD, unmarried: 3.
I
did not at such time profess the Christian, Jewish, Hind?, Muhammadan, P?rs?,
Buddhist, Sikh or Jaina religion: 4.
I
have not contracted any subsequent marriage: 5.
I
am not related to CD [the wife] in any degree of consanguinity or affinity
which would, according to the law to which I am subject, or to which the
said CD is subject, and subject to the provisoes of clause (4) of
section two of Act III of 1872, render a marriage between us illegal: [And when the bridegroom had not completed his age
of twenty one years: 6.
The
consent of my father [or guardian as the case may be] had been given
to a marriage between myself and CD, and had not been revoked:] 7.
I
am aware that, if any statement in this declaration is false, and if in making
such statement I either know or believe it to be false, or do not believe it to
be true, I am liable to imprisonment, and also to fine. [Signed] AB [the husband]. Declaration to be made by the Wife:? I, GD, hereby declare as follows:? 1.
I
was married to AB at [place], on or about [date] in the presence of
[two witnesses]: 2.
I
was, at the time of my marriage to my husband, AB, unmarried: 3.
I
did not at such time profess the Christian, Jewish, Hind?, Muhammadan, P?rs?,
Buddhist, Sikh or Jaina religion: 4.
I
have not contracted any subsequent marriage: 5.
I
am not related to AB [the husband] in any degree of consanguinity or
affinity which would, according to the law to which I am subject, or to which
the said AB is subject, and subject to the provisoes of clause (4) of
section two of Act III of 1872, render a marriage between us illegal. [And when the bride had not, at the time of her
marriage, completed her age of twenty-one years, unless she was then a widow: 6.
The
consent of MN my father [or guardian, as the case may be]
had at such time been given to a marriage between myself and AB, and had
not been revoked:] 7.
I
am aware that, if any statement in this declaration is false, and if in making
such statement I either know or believe it to be false, or do not believe it to
be true, I am liable to imprisonment, and also to fine. (Signed) CD [the wife]. Signed in our presence by the
above-named AB and CD: (Countersigned) EF, Registrar of Marriages under Act III
of 1872 for the District of Dated the day of 18Special Marriage
Act, 1872 [Repealed]
PREAMBLE
