Indian Christian Marriage Act,1872
46. Petition when Marriage Registrar
refuses certificate
Whenever a Marriage
Registrar refuses to issue a certificate under this Part, either of the parties
intending marriage may apply by petition, where the district of such Registrar
is within any of the towns of Calcutta, Madras and Bombay, to a Judge of the
High Court, or if such district is not within any of the said towns, then to
the District Judge.
Procedure on petition
The said Judge of the
High Court, or district Judge, as the case may be, may examine the allegations
of the petition in a summary way, and shall decide thereon.
The decision of such
Judge of the High Court or district Judge, as the case may be, shall be final,
and the Marriage Registrar to whom the application for the issue of a
certificate was originally made shall proceed in accordance therewith.