Section 74: Past religious marriages

74. Past religious marriages (1) Parties to a religious marriage celebrated before 1 January 1982 who wish that their marriage be registered, whether the marriage took place in Mauritius or abroad, shall make a joint declaration to an officer at the Central Civil Status Office and the officer shall thereupon register the religious marriage in the appropriate register. (2) Where one of the parties refuses or is unable to make the declaration referred to in subsection (1) or is dead, the other party may, on proof of the marriage, make the declaration. (3) Proof of the marriage under subsection (2) shall be either by affidavit or by a certificate from the person who celebrated the religious marriage. (4) Where the declaration is made by one party to the religious marriage under subsection (2), the officer shall— (a) serve a notice by registered post on the other party at the address of the other party, if known; and (b) cause a copy of the declaration to be posted in a conspicuous place in the Central Civil Status Office. (5) The other party to the religious marriage may, within 15 days of receipt of the notice under subsection (4) (a), or the posting up of the copy of the declaration under subsection (4) (b), object to the declaration by lodging a notice of objection with the officer. (6) (a) Subject to paragraph (b), where a declaration is made under subsection (2), the Registrar of Civil Status shall forward the declaration through a State Attorney to a Judge in Chambers for adjudication. [Issue 8] C24 – 32 Revised Laws of Mauritius (b) Where a notice of objection is lodged with the Registrar of Civil Status under subsection (5), paragraph (a) shall not apply, but the Registrar of Civil Status shall inform the party making the declaration of the objection, and either party may apply to a Judge in Chambers for adjudication. (7) The Judge in Chambers after hearing the parties shall, as soon as convenient, adjudicate on the declaration and make an order authorising the registration of the declaration or upholding the objection, if any. (8) The Clerk of the Registry of the Supreme Court shall, within 8 days of the making of the order, transmit a copy of the order to the Registrar of Civil Status who shall forthwith cause it to be registered in the appropriate register. (9) Where the order authorises the registration of the religious marriage, the Registrar of Civil Status shall cause the declaration of the marriage to be registered in the appropriate register. (10) Notwithstanding the other provisions of this section, no religious marriage shall be registered in the Register of Past Religious Marriages if any of the parties was already civilly married and the civil marriage had not been dissolved at the time of the religious marriage. (11) Where a religious marriage has been entered in the appropriate register, the Registrar of Civil Status shall cause every entry concerning the parties to the religious marriage in every register kept by him to be annotated. (12) Where any religious marriage is registered in the Register of Past Religious Marriages, Articles 228-1 to 228-10 of the Code Civil Mauricien shall apply in relation to such marriage. [S. 74 amended by Act 9 of 1984; Act 35 of 1985; Act 48 of 1991.]