Section 72 of The Indian Christian Marriage Act, 1872
Issuing certificate after expiry of notice, or, in case of minor, within fourteen days after notice, or against authorized prohibition.
Any Marriage Registrar knowingly and wilfully issuing any certificate for marriage after the expiration of 1[ two months] after the notice has been entered by him as aforesaid, fourteen days after notice, or against authorized prohibition.-- or knowingly and wilfully issuing, without the order of a competent Court authorizing him so to do, any certificate for marriage, where one of the parties intending marriage is a minor, before the expiration of fourteen days after the entry of such notice, or any certificate the issue of which has been forbidden as aforesaid by any person authorized in this behalf, shall be deemed to have committed an offence under section 166 of the Indian Penal Code (45 of 1860).
Summary
- This section penalizes specific wrongdoings by a Marriage Registrar when issuing marriage certificates.
- It is an offence for a Registrar to issue a certificate after two months have expired since the notice was entered.
- When one of the parties is a minor, a Registrar must not issue a certificate before fourteen days have passed since the entry of the notice, unless they have a competent Court order.
- It is also an offence to issue a certificate that has been forbidden by any person authorized to do so.
- A Registrar who knowingly and wilfully commits these acts is deemed to have committed an offence under Section 166 of the Indian Penal Code.
Practical examples
FAQ
1. What is the main focus of Section 72 of this Act?
Its main focus is penalizing Marriage Registrars who wrongly issue certificates under expired notices, within the minor's fourteen-day waiting period, or against legal prohibitions.
2. What is the punishment for a Registrar who violates Section 72?
They will be treated as having committed a criminal offence under Section 166 of the Indian Penal Code, 1860.
3. Can a Registrar ever issue a certificate for a minor's marriage before fourteen days have passed?
Yes, they can only do so if there is an order from a competent Court authorizing them to issue it before the fourteen days are up.
Test yourself
1.Under Section 72 of The Indian Christian Marriage Act, 1872, which of the following acts is penalized when committed by a Marriage Registrar?
2.Under Section 72 of The Indian Christian Marriage Act, 1872, what specific law defines the offence and punishment for a Registrar who violates this provision?
3.Under Section 72 of The Indian Christian Marriage Act, 1872, what is the default waiting period after the entry of a notice before a Registrar can issue a certificate for a minor's marriage, unless a competent Court orders otherwise?
4.Under Section 72 of The Indian Christian Marriage Act, 1872, what is the legal effect of a certificate being issued despite being forbidden by an authorized person under the Act?