Section 73 of The Indian Christian Marriage Act, 1872
Persons authorized to solemnize marriage (other than Clergy of Churches of England, Scotland or Rome); issuing certificate, or marrying, without publishing notice, or after expiry of certificate; issuing certificate for, or solemnizing, marriage with minor, within fourteen days after notice; issuing certificate authorizedly forbidden; solemnizing marriage authorizedly forbidden;
Whoever, being authorized under this Act to solemnize a marriage, and not being a Clergyman of the Church of England solemnizing a marriage after due publication of banns, or under a license from the Anglican Bishop of the Diocese or a Surrogate duly authorized in that behalf, or, not being a Clergyman of the Church of Scotland, solemnizing a marriage according to the rules, rites, ceremonies and customs of that church, or, not being a Clergyman of the Church of Rome, solemnizing a marriage according to the rites, rules, ceremonies and customs of that church, issuing certificate, or marrying, without publishing notice or after expiry of certificate;-- knowingly and wilfully issues any certificate for marriage under this Act, or solemnizes any marriage between such persons as aforesaid, without publishing, or causing to be affixed, the notice of such marriage as directed in Part III of this Act, or after the expiration of two months after the certificate has been issued by him; issuing certificate for, or solemnizing, marriage with minor, within fourteen days after notice.-- or knowingly and wilfully issues any certificate for marriage, or solemnizes a marriage between such persons when one of the persons intending marriage is a minor, before the expiration of fourteen days after the receipt of notice of such marriage, or without sending, by the post or otherwise, a copy of such notice to the Marriage Registrar, or, if there be more Marriage Registrars than one, to the Senior Marriage Registrar of the district; issuing certificate authorizedly forbidden.-- or knowingly and wilfully issues any certificate the issue of which has been forbidden, under this Act, by any person authorized to forbid the issue; solemnizing marriage authorizedly forbidden.-- or knowingly and wilfully solemnizes any marriage forbidden by any person authorized to forbid the same; shall be punished with imprisonment for a term which may extend to four years, and shall also be liable to fine.
Summary
- It governs authorized marriage solemnizers, excluding the clergy of the Churches of England, Scotland, or Rome, who fail to comply with marriage procedures.
- It penalizes these authorized persons if they issue a certificate or perform a marriage without publishing the required notice or after the marriage certificate has expired.
- It punishes solemnizing a marriage or issuing a certificate for a minor before the fourteen-day waiting period has expired or without sending a copy of the notice to the Marriage Registrar.
- It outlaws knowingly issuing a certificate or solemnizing a marriage that has been forbidden by an authorized person under the Act.
- The penalty for violating any of these provisions is imprisonment for a term of up to four years, and the offender is also liable to pay a fine.
Practical examples
FAQ
1. Who does Section 73 apply to?
It applies to any person authorized under the Act to solemnize marriages, except for Clergy of the Church of England (performing marriages after publishing banns or under license), the Church of Scotland, or the Church of Rome.
2. What is the time limit for a marriage certificate before it expires under this section?
A certificate expires two months after it is issued. Solemnizing a marriage or issuing a certificate after this period is a punishable offence.
3. What are the special rules under this section when one of the parties is a minor?
The solemnizer must wait at least fourteen days after receiving the marriage notice before issuing a certificate or solemnizing the marriage. They must also send a copy of the notice to the Marriage Registrar or the Senior Marriage Registrar of the district.
4. What is the maximum punishment for violating Section 73?
The maximum punishment is imprisonment for a term of up to four years, and the offender is also liable to a fine.
Test yourself
1.Under Section 73 of The Indian Christian Marriage Act, 1872, what is the maximum term of imprisonment that can be imposed on an authorized person who solemnizes a marriage after the expiration of two months from the date the certificate was issued?
2.Under Section 73 of The Indian Christian Marriage Act, 1872, if an authorized minister licensed under the Act intends to solemnize a marriage where one of the parties is a minor, how many days must they wait after the receipt of the marriage notice before they can lawfully issue the certificate or solemnize the marriage?
3.Under Section 73 of The Indian Christian Marriage Act, 1872, which of the following groups is exempt from the penalties under this section when performing their respective orthodox or authorized church marriages?
4.Under Section 73 of The Indian Christian Marriage Act, 1872, what procedural duty must an authorized person perform, in addition to waiting, when receiving a notice of marriage where one of the parties is a minor?
5.Under Section 73 of The Indian Christian Marriage Act, 1872, which cross-references the notice requirements of Part III of the Act, what is the consequence if a licensed Minister of Religion solemnizes a marriage without causing the notice of marriage to be affixed as directed in Part III?