Who can solemnize marriage?

Section 4 enumerates the ‘Authorities’ which can solemnize Christian Marriages in India. It (Section 4) only enumerates the authorities and does not extend validity to the marriage solemnized by such prescribed authority. Therefore, the void marriage will be declared as void notwithstanding the fact that it was solemnized by the Church, the prescribed authority.

Section 4 lists the following authorities to solemnize Christian Marriages in India:

1. Any person who has received Episcopal ordination (recognizing a governing order of Bishops) that is to say, the Minister of the Church. Section 4 then makes it clear that marriage should be solemnized according to the rules, rites, ceremony and customs of the Church of which he is a Minister. Section 11 lays down that no clergyman of the Church of England shall solemnize a marriage at a place other than the Church.

2. Clergyman of Church of Scotland: Section 4 then makes it clear that the Clergyman of Church of Scotland will solemnize marriages only in accordance with the rules, rites, ceremony and customs of the Church of Scotland.

3. Minister of Religion licensed under the Act. The Minister of Religion has to solemnize the marriages in the Procedure prescribed in Part III – from Sections 12 to 26.

Section 12 – Notice in Writing, in prescribed form, prescribed in First Schedule, has to be given to the Minister of Religion by any one person who is intending marriage to be solemnized by said Minister of Religion. In any case, it is necessary that the Notice contains in it the (a) name with surname and the profession or condition, of each of the persons intending the marriage, (6) dwelling place of each one, but both persons must have stayed for more than one month at their respective places, (c) duration of stay of each one and (d) the church or private dwelling in which the marriage is to be solemnized.

Section 13 – The Minister of Religion is then vested authority to solemnize the marriage. The Minister of Religion or the Church receiving such notice has to publish it at conspicuous place of the Church. Minister of Religion not entitled to officiate, has option either to return the Notice or deliver it to the Minister of Religion entitled to officiate. Such Minister of Religion then has to publish the notice at the conspicuous place of the Church.

Section 14 – If marriage is to be performed at a private place, the Minister of Religion has to forward it to the local District Marriage Registrar, who in his turn, shall affix it at the conspicuous place.

Section 15 – If either party to marriage is a minor, the Religion Minister receiving the notice shall send it by post or otherwise to the local District Marriage Registrar or Senior District Marriage Registrar, unless, within 24 hours, notice is returned by the Minister of Religion.

Section 16 – The Marriage Registrar or the Senior Marriage Registrar, as the case may be, upon receiving the copy of the Notice of intended marriage has to display the Notice at the conspicuous place of his office.

Section 17 – The bride/bridegroom may require that the Certificate (of having received the Notice of intended marriage) be given to him/her. However, no such Certificate is issued:

1. Until the expiration of four days after the date of receipt of the Notice of intended marriage.

2. If there is any lawful impediment in solemnization of the marriage.

3. There should not be any forbiddance in issuing the Certificate.

Section 18 – The bride/bridegroom giving Notice of intended marriage has to personally appear before the Minister and make a solemn declaration that:

(a) There is no impediment in solemnization of marriage to the best of her/his knowledge and information.

(b) In case, either or both are minors, then the consent of the person competent to give consent has been obtained.

Section 20 – The Act invests powers in the person competent to give Consent for the minor’s marriage to prohibit the solemnization of marriage.

Section 21 – When the person competent to give consent opposes the minor’s marriage, then no Certificate (of having received the notice of intended marriage) be issued.

Section 22 – If the Minister is not satisfied that the Consent is obtained, he shall not issue the Certificate.

Section 23 – If the bride/bridegroom (giving Notice of intended marriage) seeks the Certificate for having received the Notice of intended marriage, it is made incumbent upon the Minister to ascertain before issuing the Certificate as to whether the person seeking Certificate has understood the purport and effect of the Notice. If the bride/bridegroom seeking Certificate has not understood the implication of Notice of intended marriage or the Certificate, it is incumbent upon the Minister to explain it in the language understood by the bride/bridegroom giving Notice and seeking Certificate therefore.

Similar are the provisions of Section 41 and 42 of the Act.

It may be noted that Section 5 vests power in the State Government to grant license to Minster of Religion for solemnizing the marriage. The Slate is also vested with powers to revoke the License. The Licensee can solemnize the marriage within the territory of the State only. The grant and revocation of License has to be notified in the Official Gazette of the State.

4. Marriage Registrar appointed under the Act. The Marriage Registrar has to solemnize the marriages in the procedure prescribed in Sections 38 to 59. Section 7 vests power in the State Government to appoint one or more Christians (by name or designation in the Church) as Marriage Registrar/s to solemnize the marriage so also the State Government is vested with powers to revoke the appointment the Appointments will be district wise.

The appointee can solemnize the marriage within the territory of the district for which he is appointed. The appointment and revocation of appointment has to be notified in the Official Gazette of the State. If the appointees are more than one, then one of the appointees will be appointed as the Senior Marriage Registrar. Section 7 further lays down that if there is only one marriage registrar in the District and if (/) he is ill 07) he is absent, or 0/7) the post of Marriage Registrar is vacant, then the Magistrate of the District will act as the Marriage Registrar.

5. Any person licensed to grant Certificate of Marriage under the Act. Section 60 to 75 lay down the conditions under which the Certificate of Marriage can be issued without following the procedure laid down in Part III of the Act. Section 9 vests power in the State Government to grant License to any Christian (by name or Designation in the Church) authorizing him to grant the Certificate of marriage, in cases of Indian Christians. So also the State is vested with powers to revoke the License. The grant and revocation of License has to be notified in the Official Gazette of the State.