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Ch. 29. No. 5.} Hindu Marriage.

 

Registrar, if it appears to him that the requisites of a valid
Hindu marriage have been complied with and that the
consent of every person required by this Ordinance to
consent to such marriage has been obtained, shall counter-
sign the certificate so forwarded and transmit same to the
Registrar for registration: Provided that in the case
of a certificate drawn up in Hindi, the District Registrar
shall cause a translation into English to be made and
certified by an interpreter attached to a magistrate’s court
and shall, in proper cases, countersign the certificate and
the translation and transmit same to the Registrar for
registration.

(+) Whenever it is alleged that a Marriage Officer
has duly solemnized a marriage under this Ordinance but
has failed to comply with any of the provisions of sub-
sections (1) and (2) of this section, any party to such alleged
marriage may apply by summons to a Judge in Chambers
for an order directing the Registrar to register such
maflriage.

Such summons shall be served upon the Registrar,
upon the other party to the alleged marriage (when not an
applicant) and upon the Marriage Officer (if alive and in
the Colony). Upon the hearing of such summons the
Judge may summon such person as is likely in his opinion
to give material evidence in the matter and shall hear and
determine the matter in a summary manner. If the
Judge is satisfied from the evidence that the alleged marriage
was duly solemnized, that the requisites of a valid Hindu
marriage have been complied with, and that the consent
of every person required by this Ordinance has been
obtained, he shall make the order prayed for and award
such costs as he may deem fit.

Any such order shall set out the essential particulars
contained in form B of Part III of the Schedule hereto
(including the names of the witnesses) and any other matter
which the Judge may deem necessary to give effect to the
provisions of subsections (1) and (2) of this section, and
such order shall be dealt with by the Registrar as if it were
a certificate transmitted to him for registration by a District
Registrar in accordance with the provisions of the last
preceding subsection.