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Marriages Validation Act,1892

Act No : 2


Section : VALIDATION OF IRREGULAR MARRIAGES

SECTION 03: VALIDATION OF IRREGULAR MARRIAGES

All marriages which have already been solemnized under Part VI of the Indian Christian Marriage Act, 1872, between persons of whom one only was5[an Indian Christian], shall be as good and valid in law as if such marriages had been solemnized between persons of whom both were6[Indian Christians]:

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 the commencement of this Act, contracted a valid marriage. "This section as originally drafted proposed to validate all marriages of the kind referred to which may be solemnized within three months after the commencement of the Act. We have omitted this provision as we understand that the attention of all the Local Governments has already been drawn by the Government of India to the requirements of the law and that all persons licensed under S. 9 of the Indian Christian Marriage Act, 1872, must by this time have been informed how the law really stands. We think, therefore, that any further extension of this time is unnecessary, and might be mischievous. We have at the same lime inserted a provision that the validation contemplated by Section 3-shall not apply to (1) marriages already judicially declared to be void, or (2) to cases in which, subsequent to the solemnisation of any such invalid marriage, and before the commencement of this Act, one of the parties has contracted a valid marriage. The equity of these additional provisions is obvious."-S.C.R.



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