Section 59 of the Divorce Act, 1869: Minister Refusing to Perform Marriage Ceremony
Section 59 deals with the use of a church or chapel when its minister refuses to perform a marriage service that the persons concerned would otherwise be entitled to have performed there.
Text of Section 59
59. English Minister refusing to perform ceremony to permit use of his Church. - When any Minister of any Church or Chapel of the said Church refuses to perform such marriage-service between any persons who but for such refusal would be entitled to have the same service performed in such Church or Chapel, such Minister shall permit any other Minister in Holy Orders of the said Church, entitled to officiate within the diocese in which such Church or Chapel is situate, to perform such marriage-service in such Church or Chapel.
Historical textual note: The word "United" was repealed by Act 12 of 1873, section 1 and the Schedule. The retained statutory wording therefore contains historical ecclesiastical terminology.
Meaning and effect of Section 59
The provision operates where the minister of the relevant church or chapel declines to perform the marriage service. If the persons would otherwise have been entitled to have that service performed there, the refusing minister must permit another minister in Holy Orders of the same Church, who is entitled to officiate within the diocese, to perform the service in that church or chapel.
Key requirements
- There must be a refusal by the minister of the church or chapel to perform the marriage service.
- The persons must otherwise be entitled to have the marriage service performed in that church or chapel.
- The substitute minister must be in Holy Orders of the same Church.
- The substitute minister must be entitled to officiate within the diocese where the church or chapel is situated.
- The provision concerns permission to use the church or chapel for the marriage service; it does not itself create a general right to marry independent of the other applicable legal requirements.
Relationship with Section 58
Section 58 of the Divorce Act, 1869 protects an English clergyman from being compelled to solemnize certain marriages involving a person whose former marriage was dissolved on the ground of adultery. Section 59 addresses the related practical consequence of a refusal by requiring access to the church or chapel for another qualified minister where its conditions are satisfied.
Current legal source
The Divorce Act, 1869 remains listed in the official India Code collection. For the authoritative consolidated Act, readers should verify the current statutory text and amendments on the official Government of India sources linked in the sidebar.
Related provisions
For the surrounding statutory scheme, see Section 57 - Liberty to parties to marry again, Section 58 - English clergyman not compelled to solemnize certain marriages, and Section 60 - Effect of decree for separation or protection order before reversal.