Indian Christian Marriage Act : Petition when Registrar doubts authority of person for bidding. Indian

Indian Christian Marriage Act,1872

Act No : 15

Section : Petition when Registrar doubts authority of person for bidding.

48.Petition when Registrar doubts authority of person forbidding.-Whenever a Marriage Registrar, acting under the provisions ofsection 44, is not satisfied that the person forbidding the issue ofthe certificate is authorized by law so to do, the said MarriageRegistrar shall apply by petition, where his district is within any ofthe towns of Calcutta, Madras and Bombay, to a Judge of the HighCourt, or if such district be not within any of the said towns, thento the District Judge. Procedure on petition.-The said petition shall state all thecircumstances of the case, and pray for the order and direction of theCourt concerning the same, and the said Judge of the High Court or District Judge, as thecase may be, shall examine into the allegations of the petition andthe circumstances of the case, and if, upon such examination, it appears, that the person forbid-ding the issue of such certificate is not authorized by law so to do,such Judge of the High Court or District Judge, as the case may be,shall declare that the person forbidding the issue of such certificateis not authorized as aforesaid. and thereupon such certificate shall be issued, and the like pro-ceedings may be had in relation to such marriage as if the issue hadnot been forbidden.1* * * * *---------------------------------------------------------------------1 The last three paragraphs rep. by the A. O. 1950.---------------------------------------------------------------------114