Queen-Empress vs Paul and Others

We cannot accept the Judge''s interpretation that the word ""solemnize"" as used in the Act applies to only such marriage ceremonies as are

performed by some person possessing or claiming authority to perform Them by virtue of ecclesiastical authority. The Judge''s view is quite

inconsistent with the provisions of the Act which use the word "" solemnization"" with reference to marriages before the Marriage Registrar who is an

official possessing no ecclesiastical character, and before whom no ceremonies are necessary. A marriage before him is a mere civil marriage and

yet the word in question is applied to such a marriage equally with marriages accompanied by religious ceremonial. We, therefore, take the

meaning of the word to be equivalent to conduct, celebrate or perform. In this view any person, not being the persons being married, who actually

took part in performing this marriage, that is in doing any act that was supposed to be material to constitute the marriage was clearly guilty u/s 68 of

Act XV of 1872 as parties either solemnizing a marriage or professing to do so.

In the case of the persons being married, we consider a charge of abetment is sustainable as without their presence and aid the marriage could

not possibly take place. On this ground the acquittal by the Judge of the third accused was wrong. For these reasons we set aside the acquittal of

all the accused and direct that they be retried with reference to the merits of the case.

Ordered accordingly.