Section 45 in The Jammu and Kashmir Christian Marriage and Divorce Act, 1957
45. Petition when Registrar doubts authority of person forbidding.
- Whenever a Marriage Registrar, acting under the provisions of section 42, is not satisfied that the person forbidding the issue of the certificate is authorised by law so to do, the said Marriage Registrar shall apply by petition to the District Court.Procedure on petition. - The said petition shall state all the circumstances of the case, and pray for the order and direction of the Court concerning the same ;and the District Court shall examine it into the allegations of the petition and the circumstances of the case ;and if, upon such examination, it appears, that the person forbidding the issue of such certificate is not authorised by law so to do, the District Court shall declare that the person forbidding the issue of such certificate is not authorised as aforesaid, and thereupon such certificate shall be issued, and the like proceedings may be had in relation to such marriage as if the issue had not been forbidden.
