Section 79 of The Indian Christian Marriage Act, 1872
Searches and copies of entries
Every person solemnizing a marriage under this Act, and hereby required to register the same, and every Marriage Registrar or 1[Registrar General of Births, Deaths and Marriages] having the custody for the time being of any register of marriages, or of any certificate, or duplicate, or copies of certificate, under this Act, shall, on payment of the proper fees, at all reasonable times, allow searches to be made in such register, or for such certificate, or duplicate or copies, and give a copy under his hand of any entry in the same.
Summary
- Every person who solemnizes and registers a marriage under this Act must allow searches of their register.
- Every Marriage Registrar who has custody of any register, certificate, duplicate, or copy of a certificate must allow searches of these records.
- The Registrar General of Births, Deaths and Marriages must also allow searches of any marriage records in their custody.
- These searches must be allowed at all reasonable times.
- The search and the certified copy under the custodian's hand can only be obtained upon the payment of the proper fees.
- The custodian must provide a copy signed under their hand of any entry in the records.
Practical examples
FAQ
1. Who is required to allow searches and provide copies under Section 79?
Any person who solemnizes a marriage under this Act and is required to register it, any Marriage Registrar, or the Registrar General of Births, Deaths and Marriages who has custody of the marriage records.
2. When can a person search the marriage registers or get copies?
A person can make searches and get copies at all reasonable times.
3. Is there any cost to search the register or get a copy of an entry?
Yes, searches and copies are allowed only upon payment of the proper fees.
4. In what form must the copy of the entry be given?
The copy of the entry must be given under the hand (meaning signed by the hand) of the person who has custody of the records.
5. Can a marriage registrar refuse to let me search the register during reasonable office hours if I offer to pay the fee?
No, the law states that they shall allow searches and give a copy at all reasonable times on payment of the proper fees.
Test yourself
1.Under Section 79 of The Indian Christian Marriage Act, 1872, who is legally obligated to allow searches in a marriage register on payment of the proper fees?
2.Under Section 79 of The Indian Christian Marriage Act, 1872, when are the custodians of marriage records required to allow searches to be made?
3.Under Section 79 of The Indian Christian Marriage Act, 1872, what is a mandatory prerequisite for a citizen to search a marriage register or obtain a copy of an entry?
4.Under Section 79 of The Indian Christian Marriage Act, 1872, in what manner must a copy of a marriage register entry be delivered to the applicant?