Law: Christian Marriage Act, 1872

Section: 4,5,7

Law: Punjab Local Government Act, 2013

Section: 72(1)(m),81(2)(x),EighthSchedule,Cl.90

(a) Christian Mrriages Act (XV of 1872)-- ----Ss. 4 & 7---'Solemnisation' and 'registration' of marriages---Distinction---Solemnisation of a marriage entailed the performance of the ceremonial aspects of the marriage whereas registration was the completion of a marriage certificate and lodging or filing of it with the appropriate institution or authority. (b) Christian Marriages Act (XV of 1872) --- ----S. 5---Punjab Local Government Act (XVIII of 2013), Ss. 72(1)(m) & 81(2)(x) & Eighth Sched., Cl. 90---National Database and Registration Authority Ordinance (VIII of 2000), S. 21(2)---Union Councils Nikah/Marriage Registration (Model) By-laws, 2016, Cl.4(i)---Human rights case---Matter regarding non-registration of Christian marriages with the Union Councils of the Province of Punjab and the National Database and Registration Authority (NADRA)---Person authorized to register Christian marriages in Punjab province---Scope---Issue of non-registration of Christian marriages by the Union Councils and the subsequent non-issuance of computerised marriage certificates by NADRA, was because the Union Councils refused to register marriages solemnised by those persons mentioned in S.5(1) & (2) of the Christian Marriage Act, 1872 ('the Act'), as they, and the Human Rights & Minorities Affairs Department (HR&MA Department), were under the wrong impression that such persons required a license to do so---Christian Marriages Act, 1872 was clear in that individuals falling under S.5(1) & (2) of the Act were not required to apply for a formal license from the HR&MA Department to solemnise marriages because under canon law, ordination itself conferred an inherent power to solemnize marriages and this position was reflected in the Act, and it was only those individuals mentioned in S.5(3), (4) & (5) of the Act who required a license under the Act to solemnize marriages---Both sets of persons, i.e. those under S.5(1) & (2) of the Act on one hand and those under S.5(3), (4) & (5) on the other, were eventually authorised to solemnise marriages, the former of whom derived their power to solemnize marriages from ordination and the latter from the Act---Human Rights and Minorities…

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