Indian Christian Marriage Act,1872
Act No : 15
Section :
Petition where person whose consent is necessary is insahe, orunjustly withholds consent.
45.Petition where person whose consent is necessary is insahe, orunjustly withholds consent.-If any person whose consent is necessaryto any marriage under this Part is of unsound mind, or if any such person (other than the father) without just causewithholds his consent to the marriage, the parties intending marriage may apply by petition, where theperson whose consent is necessary is resident within any of the townsof Calcutta, Madras and Bombay, to a Judge of the High Court, or if heis not resident within any of the said towns, then to the DistrictJudge: Procedure on petition.-And the said Judge of the High Court, orDistrict Judge, as the case may be, may examine the allegations of thepetition in a summary way; and, if upon examination such marriage appears proper such Judgeof the High Court or District Judge, as the case may be, shall declarethe marriage to be a proper marriage. Such declaration shall be as effectual as if the person whoseconsent was needed had consented to the marriage; and, if he has forbidden the issue of the Marriage Registrar'scertificate, such certificate shall be issued and the like proceedingsmay be had under this Part in relation to the marriage as if the issueof such certificate had not been forbidden,113
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