Alfred Henry Lionel Leach, C.J.

1. The appellants, who are father and Leach, CJ. daughter, were the plaintiffs in the Court below. They sued for a declaration that the marriage of the second appellant to the respondent solemnized before the Registrar of Marriages at St. Thomas Mount on the 17th July, 1934, is a nullity. The parties are all Indian Christians. At the time of the marriage the second appellant was 18j years of age, and was a student at the Womens Christian College, Madras. Both she artd the respondent who had attained his majority at the time were resident in Madras. The respondent gave notice of the marriage to the Registrar at St. Thomas Mount and falsely declared before him that the second appellant was of age. There being no impediment to the marriage it was duly solemnized on the date mentioned. The learned Judge declared for the validity of the marriage. The appellants challenge this decision on the ground that it conflicts with the express provisions of the Indian Christian Marriage Act of 1872. It is therefore necessary to examine the relevant sections of that statute.

2. Section 4 provides that every marriage between persons, one or both of whom is or ar