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Start Free TrialDivorce Act, 1869 Section 58
Title: English Clergyman Not Compelled to Solemnize Marriages of Persons Divorced Foradultery
State: Central
Year: 1869
No clergyman in Holy Orders of the1[***] Church of England2[***] shall be compelled to solemnize the marriage of any-person whose former marriage has been dissolved on the ground of his or her adultery, or shall be liable to any suit, penalty or censure for solemnizing or refusing to solemnize the marriage of any such person. ______________________ 1 .The word "United" rep. by Act 12 of 1873, Section 1 and Schedule. 2.The words "and Ireland" rep. by Act 12 of 1873, Section 1 and Schedule.
View Complete Act List Judgments citing this sectionChristian Marriage Act, 1872 Complete Act
State: Central
Year: 1872
.....Marriages' means 'the Registrar-General of Births, Deaths and Marriages appointed under the Mysore Registrar-General of Births, Deaths and Marriages Act, 1956', "-Mysore Act 20 of 1956, S. 1- [29-10-1956] r/w Act 31 of 1973, S. 5 [1-11-1973]. PART 1: THE PERSONS BY WHOM MARRIAGES MAY BE SOLEMNIZED: SECTION 4: Marriages to be solemnized according to Act: Every marriage between persons, one or Marriages both of whom is [or are] a Christian or .Christians, shall be solemnized in accordance with the provisions of the next following section; and any such marriage solemnized otherwise than in accordance with such provisions shall be void. SECTION 5: Persons by whom marriages may be solemnized: Marriages may be solemnized in [India]- (1) by any person who has received episcopal ordination; provided that the marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of which he is a Minister; (2) by any Clergyman of the Church of Scotland, provided that such marriage besolemnized according to the rules, rites, ceremonies and customs of the Church of Scotland; (3) by any Minister of Religion licensed under this Act to solemnize marriages; .....
List Judgments citing this sectionChristian Marriage Act1872 Part IV
Title: Registration of Marriages Solemnized by Ministers of Religion
State: Central
Year: 1872
.....shall register therein, according to the tabular form set forth in the Third Schedule hereto annexed, every marriage which he solemnizes under this Act. Section 29 - Quarterly returns to Archdeaconry Every Clergyman of the Church of England shall send four times in every year returns in duplicate, authenticated by his signature, of the entries in the register of marriages solemnized at any place where he has any spiritual charge, to the Registrar of the Archdeaconry to which he is subject, or within the limits of which such place is situate. Contents of returns.- Such quarterly returns shall contain all the entries of marriages contained in the said register from the first day of January to the thirty-first day of March, from the first day of April to the thirtieth day of June, from the first day of July to the thirtieth day of September, and from the first day of October to the thirty-first day of December, of each year, respectively, and shall be sent by such Clergyman within two weeks from the expiration of each of the quarters above specified. The said Registrar upon receiving the said returns shall send one copy thereof to the {Subs by Act of 1886, s.30(b), for ".....
View Complete Act List Judgments citing this sectionChristian Marriage Act1872 Part II
Title: Time and Palace at Which Marriages May Be Solemnized
State: Central
Year: 1872
.....or special license in that behalf from the Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is so solemnized, or from such person as the same Bishop has authorized to grant such license, license, {Ins. by Act 2 of 1891, section.2} [or (3) a Clergyman of the Church of Scotland solemnizing a marriage according to the rules, rites, ceremonies and customs of the Church of Scotland]. Section 11 - Place for solemnizing marriage No Clergyman of the Church of England shall solemnize a marriage in any place other than a church {Ins. by section.3, ibid.} [where worship is generally held according to the forms of the Church of England], unless there is no {Ins. by section.3, ibid.} [such] church within five miles distance by the shortest road from such place, or unless he has received a special license authorizing him to do so under the hand and seal of the Anglican Bishop of the Diocese or his Commissary. Fee for special license.- For such special license, the Registrar of the Diocese may charge such additional fee as the said Bishop from time to time authorizes.
View Complete Act List Judgments citing this sectionChristian Marriage Act1872 Section 10
Title: Time for Solemnizing Marriage
State: Central
Year: 1872
Every marriage under this Act shall be solemnized between the hours of six in the morning and seven in the evening : Exceptions.- Provided that nothing in this section shall apply to (1) a Clergyman of the Church of England solemnizing a marriage under a special license permitting him to do so at any hour other than between six in the morning and seven in the evening, under the hand and seal of the Anglican Bishop of the Diocese or his Commissary, or (2) a Clergyman of the Church of Rome solemnizing a marriage between the hours of seven in the evening and six in the morning, when he has received a general or special license in that behalf from the Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is so solemnized, or from such person as the same Bishop has authorized to grant such license, license, {Ins. by Act 2 of 1891, section.2} [or (3) a Clergyman of the Church of Scotland solemnizing a marriage according to the rules, rites, ceremonies and customs of the Church of Scotland].
View Complete Act List Judgments citing this sectionChristian Marriage Act1872 Section 73
Title: Persons Authorized to Solemnize Marriage (Other Than Clergy of Churches of England, Scotland or Rome)
State: Central
Year: 1872
.....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, 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 so after the receipt of notice of such marriage, or without sending, by mat 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.....
View Complete Act List Judgments citing this sectionChristian Marriage Act1872 Section 29
Title: Quarterly Returns to Archdeaconry
State: Central
Year: 1872
Every Clergyman of the Church of England shall send four times in every year returns in duplicate, authenticated by his signature, of the entries in the register of marriages solemnized at any place where he has any spiritual charge, to the Registrar of the Archdeaconry to which he is subject, or within the limits of which such place is situate. Contents of returns.- Such quarterly returns shall contain all the entries of marriages contained in the said register from the first day of January to the thirty-first day of March, from the first day of April to the thirtieth day of June, from the first day of July to the thirtieth day of September, and from the first day of October to the thirty-first day of December, of each year, respectively, and shall be sent by such Clergyman within two weeks from the expiration of each of the quarters above specified. The said Registrar upon receiving the said returns shall send one copy thereof to the {Subs by Act of 1886, s.30(b), for " Secretary to the L.G ".} [Registrar General of Births, Deaths and Marriages].
View Complete Act List Judgments citing this sectionChristian Marriage Act1872 Section 69
Title: Solemnizing Marriage out of Proper Time, or Without Witnesses
State: Central
Year: 1872
Whoever knowingly and wilfully solemnizes a marriage between persons, one or both of whom is or are a Christian or Christians, at any time other than between the hours of six in the morning and seven in the evening, or in the absence of at least two credible witnesses other than the person solemnizing the marriage, shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine. Saving of marriages solemnized under special license.- This section does not apply to marriages solemnized under special licenses granted by the Anglican Bishop of the Diocese or by his Commissary, nor to marriages performed between the hours of seven in the evening and six in the morning by a Clergyman of the Church of Rome, when he has received the general or special license in that behalf mentioned in section 10. {Ins. by Act 2 of 1891, section.7.} [Nor does this section apply to marriages solemnized by a Clergyman of the Church of Scotland according to the rules, rites, ceremonies and customs of the Church of Scotland.]
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Chapter 13
Title: Re-marriage
State: Central
Year: 1869
.....parties to the marriage to marry again, as if the prior marriage had been dissolved by death." ______________________ 1. Substituted by Act 51 of 2001, section 30, for section 57 (w.e.f. 3-10-2001). 2. Vide U.P. Act XXX of 1957, section 2 and schedule (w.e.f. 21-10-1959). Section 58 - English clergyman not compelled to solemnize marriages of persons divorced for adultery No clergyman in Holy Orders of the1[***] Church of England2[***] shall be compelled to solemnize the marriage of any-person whose former marriage has been dissolved on the ground of his or her adultery, or shall be liable to any suit, penalty or censure for solemnizing or refusing to solemnize the marriage of any such person. ______________________ 1 .The word "United" rep. by Act 12 of 1873, Section 1 and Schedule. 2.The words "and Ireland" rep. by Act 12 of 1873, Section 1 and Schedule. Section 59 - English Minister refusing to perform ceremony to permit use of his Church When any Minister of any Church or Chapel of the said1[***] Church refuses to perform such marriage-service between any persons who but for such refusal would be enlitled to have the same service performed in.....
View Complete Act List Judgments citing this sectionIndian Divorce Act, 1869 Complete Act
State: Central
Year: 1869
.....upon certain Courts jurisdiction matters matrimonial; It is hereby enacted as follows :-I-PRELIMINARY SECTION 01: SHORT TITLE, COMMENCEMENT OF ACT This Act may be called the3[***] Divorce Act and shall come into operation on the first day of April, 1869. SECTION 02: EXTENT OF ACT 4 [This Act extends to the whole of India5[except the State of Jammu and Kashmir].] Extent of power to grant relief generally,6[Nothing hereinafter contained shall authorise any Court to grant any relief under this Act except where the petitioner7[or respondent] professes the Christian religion. and to make decrees of dissolution, or to make decrees of dissolution of marriage except where the parties to the marriage are domiciled in India at the time when the petition is presented, or of nullity or to make decrees of nullity of marriage except where the marriage has been solemnized in India and the petitioner is resident in India at the time of presenting the petition, or to grant any relief under this Act, other than a decree of dissolution of marriage or of nullity of marriage, except where the petitioner resides in India at the time of presenting the petition.] SECTION 03: INTERPRETATION.....
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