CAP. 178]

Marriage Reform

[1981 Ed.

Power of Registrar.

(b) where the District Court has under subsection (3) declared the marriage to subsist,

apply to the Registrar in the prescribed manner at any time for the registration of the marriage.

(5) Where the Registrar is satisfied that—

(a) the particulars contained in any application under this section are true; and

(b) a form of marriage did take place between the parties named at the time and place and before the witnesses specified in the application; and

(c) the marriage constitutes either a valid customary marriage or a validated marriage,

he shall prepare a certificate of marriage in the prescribed form and the Registrar, and the applicants, or applicant as the case may be, and 2 witnesses to the marriage, shall thereupon sign duplicate certificates; but a certificate shall not be invalidated by the absence of signature by one or both witnesses if the Registrar is satisfied that one or both is or are not available, and cannot reasonably be made available, to sign and he records that he is so satisfied on the certificate.

(6) When a certificate is signed in accordance with subsection (5), the Registrar shall deliver one certificate to the applicants or applicant and the other certificate shall form part of the register which the Registrar is required to maintain under subsection (1).

(7) Where, on an application to the Registrar under this section, the Registrar is not satisfied with respect to the matters specified in subsection (5)(a), (b) and (c), a party to the marriage may apply to the District Court for a declaration that a customary marriage or a validated marriage, as the case may be, subsists between the parties, and the District Court shall have jurisdiction to hear and determine any such application.

10. (1) Upon receipt of an application under section 9 for the registration of a customary marriage or a validated marriage, the Registrar may-

(a) summon before him any applicant, any alleged party to the marriage and any person alleged to have been present at the marriage, and may require any person so summoned to answer such questions as the Registrar may ask for the purpose of determining the application before him;

(b) require any applicant to furnish such further information either by statutory declaration or otherwise as he may reasonably require.

(2) Any person who, without lawful excuse, fails to comply with a summons or requirement issued or made under subsection (1) shall be guilty of an offence and shall be liable to a fine of $1,000 and to imprisonment for 6 months.

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