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Section 26: Authority to celebrate religious marriage with civil effect

Civil Status Act · PART IV: MARRIAGE

consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

26. Authority to celebrate religious marriage with civil effect (1) Subject to subsection (2), where the Registrar of Civil Status is satisfied that an applicant has the requisite knowledge and understanding of the Code Civil Mauricien and this Act in regard to marriage to be able to celebrate a religious marriage having civil effect, he shall— (a) issue a written authority to the applicant to celebrate a religious marriage; and (b) give written notice in the Gazette of the issue of the authority. (2) (a) Where a person applies for authority to celebrate Muslim religious marriages, the Registrar shall forward a copy of the application to the Muslim Family Council. (b) Upon receipt of a copy of an application under paragraph (a), the Muslim Family Council shall convene the applicant and ascertain whether he has the knowledge required under subsection (1) and make a recommendation to the Registrar accordingly. (c) Where the Muslim Family Council is not satisfied that the applicant has the requisite knowledge, it may assist him in acquiring such knowledge and inform the Registrar accordingly. (3) An authorised person may celebrate a religious marriage which shall have the effect of a civil marriage. C24 – 17 [Issue 1] Civil Status Act (4) The Registrar may cancel an authority issued under subsection (1), and where he does so, he shall require the return of the authority issued by him. (5) The Registrar— (a) may, before cancelling an authority under subsection (4), consult the Muslim Family Council where the holder of the authority is a Muslim; (b) shall give notice in the Gazette of the cancellation of any authority. [S. 26 amended by Act 45 of 1990.]

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