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MARRIAGES VALIDATION ACT

Ministry of Law and Justice

Act nº 2 of 1892


  • Act nº 2 of 1892

Preamble

[THE MARRIAGES VALIDATION ACT, 1892]

[Act, No. 2 of 1892]

[AS ON 1957]

[29th January, 1892]

PREAMBLE

An Act to validate certain marriages solemnized under Part VI of the Indian Christian Marriages Act, 1872.

WHEREAS provision is made in Part VI of the Indian Christian Marriage Act, 1, (15 of 1872) for the solemnization of marriages between persons of whom both are {Subs. by the A.O.1950, for " Native Christmas} [Indian Christians], but not of marriages between persons of whom one only is {Subs. ibid., for "a Native Christian"} [an Indian Christian]:

AND WHEREAS persons licensed under section 9 of the said Act have in diverse part of {Subs., ibid., for " the Provinces"} [India], through ignorance of the law, permitted marriages to be solemnized in their presence under the said Part between persons of whom one is {Subs., ibid., for " the Provinces"} [an Indian Christian] and the other is not {Subs., ibid., for " the Provinces"} [an Indian Christian];

AND WHEREAS it is expedient that such marriages, having been solemnized in good faith, should be validated ;

It is thereby enacted as follows:--

Section 1. Commencement [Repealed]

Rep. By the Repealing and Amending Act, 1914 (10 of 1914), s.3 and Sch. II.

Section 2. Definition

In this Act the expression {Subs., ibid., for "Native Christians".} "[Indian Christian] "has the same meaning as in Indian Christian Marriage Act, 1872 (15 of 1872).

Section 3. Validation of irregular marriages

All marriages which have already been solemnized under Part VI of the Indian Christian Marriage Act, 1872, (15 of 1872) between persons of whom one only was {Subs. ibid., for "a Native Christian"} [ an Indian Christian ], shall be as good and valid in law as if such marriages has been solemnized between persons of whom both were{Subs. by the A.O.1950, for " Native Christmas} [ Indian Christian ]:

Provided that nothing in this section shall apply to any marriage which has 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 this commencement of this Act, contracted a valid marriage.

Section 4. Validation of records of irregular marriages

Certificates of marriages which are declared by the last fore going section to be good and valid in law, and register books, and certified copies of true and duly authenticated extracts there from, 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 marriages has been solemnized between persons of whom both were {Subs. by the A.O.1950, for "Native Christians".} [ Indian Christian].

Section 5. Application of Act to marriages under Act 5 of 1865

References in this Act to the Indian Christian Marriage Act, 1872, (15 of 1872) shall, so far as may be requisite, be construed as applying also to the corresponding portions of the {Rep. By the Indian Christian Marriage Act ,1872 (15 of 1872).} Indian Marriage Act, 1865 (5 of 1865).

Section 6. Penalty for solemnizing irregular marriages

If any person licensed under section 9 of the said Act to grant certificates of marriage between [Indian 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 cancelled, 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.