Section 43 in The Jammu and Kashmir Christian Marriage and Divorce Act, 1957
43. Petition where person whose consent is necessary is insane, or unjustly withholds consent.
- If any person whose consent is necessary to any marriage under this Chapter is of unsound mind,or if any such person (other than the father) without just cause withholds his consent to the marriage, the parties intending marriage may apply by petition, to the District Court ;Procedure on petition. - And the District Court, may examine the allegations of the petition in a summary way ;and, if upon examination such marriage appears proper, the District Court, shall declare the marriage to be a proper marriage.Such declaration shall be as effectual as if the person whose consent was needed had consented to the marriage ;and, if he has forbidden the issue of the Marriage Registrar's certificate, such certificate shall be issued and the like proceedings may be had under this Chapter in relation to the marriage as if the issue of such certificate had not been forbidden.
