Section 41 of The Indian Christian Marriage Act, 1872
Certificate of notice given and oath made.
If the party by whom the notice was given requests the Marriage Registrar to issue the certificate next hereinafter mentioned, and if one of the parties intending marriage has made oath as hereinafter required, the Marriage Registrar shall issue under his hand a certificate of such notice having been given and of such oath having been made: Proviso.-- Provided-- that no lawful impediment be shown to his satisfaction why such certificate should not issue; that the issue of such certificate has not been forbidden, in manner hereinafter mentioned, by any person authorized in that behalf by this Act; that four days after the receipt of the notice have expired, and further, that where, by such oath, it appears that one of the parties intending marriage is a minor, fourteen days after the entry of such notice have expired.
Summary
- Allows a Marriage Registrar to issue a certificate of notice if requested by the party who gave the notice.
- Requires that one of the parties must first make a formal oath as described in the next section.
- Prohibits the certificate if any lawful impediment is shown or if the issue has been forbidden by an authorized person.
Practical examples
FAQ
1. How long must adults wait for a certificate under Section 41 of The Indian Christian Marriage Act, 1872?
Under Section 41 of The Indian Christian Marriage Act, 1872, the certificate cannot be issued until four days after the receipt of the notice.
2. What is the waiting period for a minor under Section 41 of the Indian Christian Marriage Law?
According to Section 41 of The Indian Christian Marriage Act, 1872, if a party is a minor, fourteen days must expire after the entry of the notice before a certificate is issued.
3. Can a Registrar issue a certificate without an oath under Section 41 of the 1872 Act?
No, Section 41 of The Indian Christian Marriage Act, 1872 requires that one of the parties must have made the oath as required by the Act.
4. What can stop a certificate from being issued under Section 41 of the Christian Marriage Act?
Under Section 41 of The Indian Christian Marriage Act, 1872, a certificate is blocked if a lawful impediment is shown or if an authorized person has forbidden it.
Test yourself
1.Under Section 41 of The Indian Christian Marriage Act, 1872, what is the standard waiting period for adults after the notice is received?
2.If an oath made under the Act shows a party is a minor, how long is the wait under Section 41 of The Indian Christian Marriage Act, 1872?
3.Before a Registrar issues a certificate under Section 41 of The Indian Christian Marriage Act, 1872, what must one party do?
4.Combining the rules of Sections 38 and 41 of The Indian Christian Marriage Act, 1872, which event starts the 14-day clock for a minor?
5.What is a condition for issuing a certificate under Section 41 of The Indian Christian Marriage Act, 1872?