Updated: Sunday June 21, 2015/AlAhad
Ramadan 05, 1436/Ravivara
Jyaistha 31, 1937, at 01:51:57 PM
l[The Marriages Validation Act, 1892]
ACT NO. II OF 1892
[29th January, 1892]
An Act to validate certain marriages solemnized under Part VI of the Christian
Marriage Act, 1872.
WHEREAS provision is made in Part VI of the Christian Marriage Act, 1872, (XV of
1872) for the solemnization of marriages between persons of whom both are Native Christians,
but not of marriages between persons of whom one only is a Native Christian;
And whereas persons
licensed under section
9 of the said Act have in divers parts of
2[
1Short title given
by
the Short Titles Act, 1897 (14 of 1897).
For Statement of
Objects and Reasons, see Gazette of India,.1891 , Pt. V. p. 142; for Report of the Select Committee, see ibid., 1892,
Pt.
V, p, 5 and for Proceedings in
Council, see ibid., 1891, Pt. VI, p. 117, and ibid., 1892, Pt. VI, ,p.l1.
This Act has been declared to be in
force in
It has also been extended
to the Leased Areas of
Baluchistan, see the Leased Areas (Laws) Order, 1950
(G.G.O. 3 of
1953) ; and
applied
in the Federated Areas of
Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499.
This Act has been and shall be deemed to have been extended to
the whole of
Ordinance, 1960 (21 of 1960) , s. 3 and 2nd Sch. (with effect from the 14th October, 1955).
2Subs. ibid, (with effect from the 14th
October, 1955) for
“the Provinces and the Capital of the Federation” which had
been subs, by A.
O.,1949, Arts. .3(2) .and 4, for
“
the said Part between persons of whom one is a Native Christian and the other is not a Native
Christian;
And whereas it is expedient that such marriages, having been solemnized
in good faith,
should be validated;
It is hereby enacted as follows:–
1. [Commencement.] Rep. by the Repealing and Amending Act, 1914
(10 of 1914).
2. Definition. In this Act the expression
“Native Christian” has the same meaning as in
the Christian Marriage Act, 1872 (XV of 1872).
3. Validation
of irregular
marriages. All marriages which have already been
solemnized under Part VI of the Christian Marriage Act, 1872,
(XV of 1872) between persons of
whom one only was a Native Christian, shall be as good and valid in law as if such marriages
had
been solemnized between persons of whom both were Native Christians:
Provided that
nothing
in
this
section shall
apply
to any marriage which had
been judicially
declared to be null and void, or to any case where either of the parties has, since the
solemnization of such marriage and prior to the commencement
of this Act, contracted a valid
marriage.
4. Validation of records of irregular marriages. Certificates
of marriages which are
declared by the last foregoing section to be good and valid in law, and register -books,
and certified copies of true and duly authenticated extracts therefrom, deposited in compliance
with the law for the time being in force, in so far as the register-books and extracts relate to such
marriages as aforesaid, shall be received as evidence of such marriages as if such m arriages had
been solemnized between persons
of whom both were Native Christians.
5.
Application of Act to marriages under Act V of 1865. References in this
Act
to the Christian
Marriage Act, 1872, (XV of 1872) shall, so far as may be requisite, be construed as applying also to the corresponding
portions of the 1Indian Marriage Act 1865 (V of 1865)
6.
Penalty for solemnizing irregular marriages. If any person licensed under section
9 of the said Act to grant certificates of marriage between Native Christians shall at any time
after
the commencement of
this Act solemnize or affect to
solemnize any marriage under Part VI
of the said Act or grant any such certificate as therein: mentioned, knowing
that one of the
parties to such marriage or affected marriage was at the date of such solemnization
not a Christian, he shall be liable to have his license cancel1ed,
and
in addition thereto he shall be
deemed to have been guilty of an offence prohibited by section 73 of the said Act, and shall be
punishable accordingly.
1Rep. (except as to
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