Section 11 Marriage Act

Section 11 of the Marriage Act 1914 is about Registrar to issue certificate on proof of conditions by affidavit. It provides as follows:

(1) The registrar, at any time after the expiration of twenty‐one days and before the expiration of three months from the date of the notice, upon payment of the prescribed fee, shall thereupon issue his certificate as in Form C in the First Schedule:
[First Schedule.]

Provided always that he shall not issue such certificate until he has been satisfied by affidavit‐

(a) that one of the parties has been resident within the district in which the marriage is intended to be celebrated at least fifteen days preceding the granting of the certificate;

(b) that each of the parties to the intended marriage (not being a widower or
widow) is twenty‐one years old, or that if he or she is under that age, the
consent hereinafter made requisite has been obtained in writing and is
annexed to such affidavit;

(c) that there is not any impediment of kindred or affinity, or any other lawful
hindrance to the marriage;
(d) that neither of the parties to the intended marriage is married by customary law to any person other than the person with whom such marriage is
proposed to be contracted.

(2) Such affidavit may be sworn before a registrar, or before an administrative officer or before a recognised minister of religion.

Explanations to be given
(3) The person taking such affidavit shall explain to the person making the same what are the prohibited degrees of kindred and affinity, and the penalties which may be incurred under sections 42 and 43 of this Act, and if he wilfully fails to make such explanation, he shall be liable to imprisonment for two years.

(4) The person taking such affidavit shall sign a declaration written thereon, that he has given the explanation required by this section to the person making such affidavit and that such person has appeared fully to understand the same.

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