Family Law
Family law in India is rather unique as it needs to be very specific to the various religions that are practiced here. This area of law takes into consideration the customs, beliefs and tenets of religions such as Hinduism, governed by Hindu Law, Islam (Muslim Law), Zoroastrianism (Parsi Law) and Christianity (Christian Law). Here, these various laws are discussed in detail.
Hindu Law
Marriage
What are the ceremonies that are essential at the time of marriage?
Do both parties, who wish to get married, have to be of the same caste?
What is the procedure for registration of Marriage?
Divorce
What are the grounds of divorce under the Hindu Marriage Act?
What are the requirements of divorce by mutual consent?
When is divorce granted in such cases?
Can a wife file an application for maintenance without filing for divorce?
You have obtained a divorce from your husband. Can you now claim maintenance from your ex-husband?
Muslim Law
Marriage
When is a Muslim qualified to be married?
Are there any other formalities that have to be completed in order to ensure that the marriage is valid (legal)?
Are Muslims allowed to practice polygamy?
Divorce
How can a man give his wife 'talaq'?
What are the other modes of divorce among Muslims?
I have not heard from my husband, Mohammad for five years. How can I formally end this marriage?
Nagma has a great deal of personal wealth. Can Nagma claim maintenance from Iqbal after their divorce?
Fatima refuses to live with Abdul because he has a mistress. Can she claim maintenance?
Christian Law
Marriage
I am a Christian and I want to marry another Christian. Do I have to go through any traditional ceremonies?
Can a sixteen year old Christian girl get married legally?
Divorce
I am a Christian woman. What is the law regarding maintenance?
John and Mary have divorced. Mary cannot support herself. What are the options available to Mary?
Parsi Law
Marriage
What are the essential ceremonies that have to be performed for a Parsi marriage to be valid in the eyes of the law?
Is it possible for a husband or wife to prevent his spouse from getting married for a second time?
Is it possible for me to marry my cousin, according to Parsi law?
Divorce
I would like to separate from my wife without actually divorcing her. What options do I have?
I have married a second time, without divorcing my first wife. What are the consequences of my action?
What is the Parsi law regarding maintenance?
I have obtained a maintenance order from the court against my husband. But he refuses to pay. What are my options?
Succession
Why do we need wills?
What is a will?
What is a codicil?
Who can make a will?
What are the different types of wills?
How is a will made?
Can a will or codicil be altered or revoked and if so, how?
Who is an executor of a will?
How is a will deposited?
Hindu Law
Acts covered: Hindu Marriage Act / Aryan Marriage Act / Hindu Divorce Act / Anand Marriage Act / Child Marriage Restraint Act/
Marriage
Q: What are the ceremonies that are essential at the time of marriage?
For the formal validity of a Hindu marriage, two alternative ceremonies are available to the parties:
1. shastric ceremonies and rites, as laid down by shastric Hindu law;
2. customary ceremonies and rites.
More often than not, Hindu couples solemnize their marriage under shastric rites and ceremonies. It is not possible to enumerate the essential and non-essential ceremonies in two separate lists as there is still judicial disagreement in this regard. However, with respect to the saptapadi, there is no confusion - the same is absolutely indispensable for a valid Hindu marriage. The saptapadi, is the most material of all the shastric rites, and the marriage becomes complete and irrevocable on the completion of the seventh step. The same has been recognized in the provisions of Section 7(2) of the Hindu Marriage Act 1955.
If the requisite ceremonies are not performed, the marriage is null and void. Children borne of such a marriage are not granted legitimacy under the provisions of Section 16 of the Hindu Marriage Act 1955, unlike children borne of marriages, declared void under the provisions of Section 11 of the same Act.
Q: Do both parties, who wish to get married, have to be of the same caste?
No. Inter sub-caste marriages were validated under the Hindu Marriage (Removal of Disabilities) Act 1946. The Hindu Marriage Act 1955 refers to "any two Hindus, without requiring them to be of the same caste or sub-caste. Thus, in order to get married to someone under Hindu law today, both parties do not have to belong to the same caste but have to necessarily profess to the Hindu Religion, which includes Sikhs, Buddhists, Jains or any other person domiciled in the territories to which the Hindu Marriage Act applies, who is not a Christian, Parsi, Jew or Muslim unless it is proved that such person would not be governed by Hindu Law (Eg. The Hindu Marriage Act, 1956 does not apply to schedule tribes).
Q. What is the procedure for registration of Marriage?
In order to get their marriage registered, the parties to the marriage must submit 'FORM A' to the registrar in whose jurisdiction either party to the marriage has been residing for at least six months, immediately preceding the date of marriage. This form should be submitted within one month from the date of solemnization of marriage. This form should be appended with an age proof and a marriage photo. Both the parties to the marriage and the guardian, if any, must appear before the marriage Registrar personally. It should be noted that if there is a delay of above one month but up to 5 years in filing the above form, the same shall be condoned by the Sub-Registrar. Where the delay is above 5 years, the same shall be condoned by the District Registrar.
Divorce
Q: What are the grounds of divorce under the Hindu Marriage Act?
Divorce, under the Hindu Marriage Act 1955, can be obtained by both the spouses on the basis of any of the following 9 grounds:
-Adultery;
-Cruelty;
-Desertion for two years;
-Conversion of religion;
-Unsound mind;
-Suffering from venereal disease and/or Leprosy;
-has renounced the world;
-not heard of for 7 years;
-no resumption of co-habitation for one year after the decree of judicial separation, no restitution of conjugal rights for one year after decree for restitution of conjugal rights;
Husband guilty of rape, sodomy or bestiality;
-If after an order of maintenance is passed under the Hindu Maintenance and Adoptions Act or the Criminal Procedure Code, there has been no cohabitation for one year.
In addition to the grounds, stated above, a wife may also present a petition for the dissolution of her marriage on the following grounds:
-Where the marriage was solemnized before the commencement of the Hindu Marriage Act, 1955:-
1. the husband had married again before such commencement;
2. That any other wife of the husband whom he had married before such commencement was alive at the time of the marriage;
-That the husband has, after the marriage, been guilty of rape, sodomy or bestiality;
-That her marriage, whether consummated or not, was solemnized before she attained the age of 15 years and she has repudiated the marriage after attaining that age but before attaining the age of 18 years.
Q. What are the requirements of divorce by mutual consent?
Under the Hindu Marriage Act, 1955 the spouses, who desire a divorce by mutual consent, have to present a joint petition in the court which has an appropriate jurisdiction. The parties, presenting such a petition, must claim with proof that:
(a) they have been living separately for a period of one year;
(b) they have not been able to live together;
(c) they have mutually agreed that marriages should be dissolved.
Q: When is divorce granted in such cases?
Once the petition for Divorce by mutual consent is filed, the Court gives the parties 6 months' times to reconsider. The Court may pass a decree of divorce after a period of 6 months from the date of presentation of the petition and not later than 18 months after the date of presentation, incase the petition is not withdrawn.
Q: Can a wife file an application for maintenance without filing for divorce?
Yes. A wife can file an application under Section 125 of the Criminal Procedure Code for maintenance. ('Wife' here includes a woman who has been divorced by, or has obtained a divorce from her husband and has not remarried) If any person who has sufficient means, neglects or refuses to maintain his wife (who is unable to maintain herself) then the wife can file an application before a Magistrate- I class- for maintenance. The Magistrate of the first class, upon proof of such neglect or refusal, will order such person to make a monthly allowance for the maintenance of his wife.
Q: You have obtained a divorce from your husband. Can you now claim maintenance from your ex-husband?
Yes, you can claim maintenance from your ex-husband under law provided that you do not get remarried after divorce. If you remarry you have to forego maintenance.
Muslim Law
Acts covered: Muslim Personal (Shariat) Act / Wakf Act /Dissolution of Muslim Marriage Act / Muslim Woman Act
Marriage
Q: When is a Muslim qualified to be married?
A Muslim, who is of sound mind and has attained puberty (presumed to have been attained at the completion of fifteen years, unless the contrary is proved), is qualified to marry. Under Muslim law, even a minor is qualified to marry, provided the same is contracted by a recognized guardian.
Q: Are there any other formalities that have to be completed in order to ensure that the marriage is valid (legal)?
Yes. Since marriage among Muslims is purely a civil contract, the following conditions must be fulfilled:
i There should be a proposal or 'offer,' made by or on behalf of one of the two parties;
ii An 'acceptance' of such proposal or 'offer' by or on behalf of the other party;
iii The 'offer' and 'acceptance,' both, must be expressed in the same meeting. There is no prescribed form for proposal and acceptance. However, a proposal, made at one meeting and an acceptance, made at another meeting, will not constitute a valid marriage;
iv The offer and acceptance must be made in the presence of two male witnesses, or one male and two female witnesses, who must be adult Mohammedans of sound mind;
v A marriage, contracted without witnesses, is not void but is considered irregular. Such irregularity can be cured by consummation.
However, according to Shia law, the presence of witnesses is not necessary in any matter.
Q: Are Muslims allowed to practice polygamy?
In India, Muslims are permitted to practice polygamy, limited to four wives. Under the Sunni (Hanafi school) law, if a Muslim marries for the fifth time, the marriage is merely irregular, which he might regularise at any time by divorcing any one of the earlier four wives.
However, if a Muslim woman takes a second husband, she will be guilty of the offence of polygamy.
Interesting trivia- The reason for the prevalence of polygamy among Muslims can be discerned after taking a look at the situation that prevailed in pre-Islamic Arabia. Here, a man had unbridled freedom to marry and divorce. In this context, the introduction of limited polygamy was considered a revolutionary step. Also, there was a prevalence of relations between unmarried men and women and as a result of this there were many illegitimate children. Therefore, allowing a man to marry 'only' 4 times was actually seen as a measure which would ameliorate the position of women.
Divorce
Q. How can a man give his wife 'talaq'?
He may pronounce talaq orally, as long as the words used by him are unambiguous and express his definite intention. Such talaq takes effect immediately. He can also write it out (talaqnama) in which he expresses his intention or records the oral talaq, which need not necessarily be registered. The talaqnama also takes effect immediately.
However, if the man is a Shia, he must pronounce it orally, unless he is physically incapable of doing so. He must also keep in mind that he has to pronounce it in Arabic.
Q. What are the other modes of divorce among Muslims?
The other modes of divorce are as follows:
Delegation of power to divorce (tufweez): Ordinarily the husband alone can give talaq to his wife. However, a husband may delegate the power to give talaq to the wife or even a third person. This 'delegated power' is operative only on the existence of certain circumstances which must be reasonable and consistent with the principles of Muslim law. If the circumstances that are mentioned exist, the wife is at liberty to divorce her husband. Such authority, if delegated for a temporary period, is considered irrevocable. On the other hand, if it is delegated permanently, it is revocable.
Khula and Mubarat: A Khula is a form of divorce with the consent and at the initiative of the wife. The wife gives or agrees to give a consideration to the husband for her release from the marriage tie. E.g. relieving the husband from payment of mahr to the wife may be a consideration. However, non-payment of consideration will not invalidate such a divorce.
When both husband and wife want to end the marriage they can do so by mutual consent. Such a transaction is known as mubarat.
Q. I have not heard from my husband, Mohammad for five years. How can I formally end this marriage?
Under the Dissolution of Muslim Marriage Act 1939, certain grounds are specified when a Muslim woman can obtain a decree of dissolution of marriage from the court. When the whereabouts of the husband have not been known for a period of four years, the wife has a valid ground to end the marriage.
Q: Nagma has a great deal of personal wealth. Can Nagma claim maintenance from Iqbal after their divorce?
Yes A Muslim husband is bound to maintain his wife even if she is rich.
Q: Fatima refuses to live with Abdul because he has a mistress. Can she claim maintenance? Yes, she can claim maintenance as, under Muslim law, a wife can claim maintenance even when she is not living with her husband on some lawful ground, like, cruelty/keeping a mistress/non-payment of prompt dower.
Christian Law
Acts covered: Christian Marriage Act and Indian Divorce Act
Marriage
Q: I am a Christian and I want to marry another Christian. Do I have to go through any traditional ceremonies?
Any person, professing the Christian religion, is a Christian for the purpose of the Indian Christian Marriage Act. Hence a person, although not baptised, can be a Christian to be governed under the Indian Christian Marriage Act. There is no provision in the Indian Christian Marriage Act to the effect that marriage amongst Indian Christians can be proved only by affirmatively establishing that the provisions of Sec. 5 of the Act were complied with or by production of a certified copy of the marriage certificate as permitted by Sec. 80 of that Act. An admission by either of the spouses of the fact of marriage; the evidence of eye-witnesses who were present during the marriage ceremony; the subsequent conduct of the couple in living as husband and wife for some time; and the opinion expressed of conduct by persons who had special means of knowledge, are all recognised modes of proof of a marriage, and may be admitted in evidence to prove a marriage among Indian Christians.
Thus, essentially, although no traditional ceremonies are required with regard to marriage under the Christian Marriage Act, the certificate of marriage, issued by the pastor of a church, is a statutory document and is prima facie evidence of marriage between the parties. Strict proof is needed from a person who seeks to rebut this presumption.
Q: Can a sixteen year old Christian girl get married legally?
In view of the Child Marriage Restraint (Amendment) Act, 1978, which has amended Section 60 of the Indian Christian Marriage Act, 1872, the age of marriage for a bridegroom is twenty-one and for a bride eighteen. But, a marriage between Christians is not a nullity when contracted between minors. The parents and other relatives of the minors, who were responsible for the marriage taking place, may however be prosecuted under the law, and will have to serve time if found guilty.
Divorce
Q. I am a Christian woman. What is the law regarding maintenance?
If you are a Christian, you can claim maintenance from your spouse through criminal proceeding or/and civil proceeding. Interested parties may pursue both criminal and civil proceedings, simultaneously, as there is no legal bar to it. In criminal proceedings, the religion of the parties does not matter at all, unlike in civil proceedings.
Q: John and Mary have divorced. Mary cannot support herself. What are the options available to Mary?
Mary need not worry after the divorce. Under S.37 of the Indian Divorce Act, 1869, Mary can apply for alimony/ maintenance in a civil court or High Court and, John will be liable to pay Mary alimony such sum, as the court may order, till her lifetime.
Parsi Law
Acts covered: Parsi Marriage and Divorce Act.
Marriage
Q: What are the essential ceremonies that have to be performed for a Parsi marriage to be valid in the eyes of the law?
Unlike laws that govern other religions, Parsi law does not prescribe any form of marriage. In different parts of the country, particularly in cities and Mussafals, some variation in form prevails by custom. There is, however, one essential ceremony that must be performed in all Parsi marriages. This is the 'Ashirvad' ceremony. Section 3(b) of the Parsi Marriage and Divorce Act, 1936 lays down that no marriage shall be valid, unless it is solemnised by the Ashirvad ceremony. The ceremony is to be performed by a Parsi priest in the presence of two Parsi witnesses.
Q: Is it possible for a husband or wife to prevent his spouse from getting married for a second time?
This can be done by means of an injunction, restraining your spouse from performing a bigamous marriage. Indian Courts have addressed this issue under Hindu law and have come to the conclusion that such an injunction should be allowed. The spouse must file a suit for perpetual injunction, restraining the other spouse from contracting a second marriage, under section 9 of the Code of Civil Procedure, 1908, read with section 38 of the Specific Relief Act, 1963. The Mysore High Court has taken the view that since there was nothing in the Hindu Marriage Act to bar such a suit, an injunction of this nature should be possible. There is no provision in the Parsi Marriage and Divorce Act, which bars such a suit Therefore, the same must hold true in the case of Parsi law.
Q: Is it possible for me to marry my cousin, according to Parsi law?
Parsi law does not prohibit you from marrying your cousin. This doesn't mean that Parsi law has no restrictions on who you can marry. There are certain restrictions, based on relationships. These prohibitions are on the basis of consanguinity and affinity and are laid down in Schedule I to the Parsi Marriage and Divorce Act. Cousins, however, do not figure in the schedule. Both men and women are free to marry a cousin.
Divorce
Q: I would like to separate from my wife without actually divorcing her. What options do I have?
You can file a suit for judicial separation on any of the grounds on which you could have filed a petition for divorce. Judicial separation allows you and your spouse to live separately without actually ending the marriage. Section 34 of the Parsi Marriage and Divorce Act provides for this.
Q: I have married a second time, without divorcing my first wife. What are the consequences of my action?
Marrying a second time, during the lifetime of the first spouse, without obtaining a lawful divorce or the marriage, being declared null and void or dissolved, is generally referred to as bigamy. Bigamy is an offence in almost all Indian communities, with the exception of Muslims. Bigamy is not permitted under Parsi law. Any Parsi, who marries in the lifetime of his/her spouse, without a lawful divorce or without the marriage having been declared null and void or, having been dissolved, shall be subject to penalties, provided in Sections 494 and 495 of the Indian Penal Code. Bigamy is a criminal offence. The maximum imprisonment that is prescribed is a term of seven years. In cases where a person, who is marrying someone, conceals the fact that he/she is already married, the maximum imprisonment is a term of ten years. Also, under Parsi law, a bigamous marriage is void. Moreover, your first (lawful) wife can sue for divorce on the grounds of adultery.
Q: What is the Parsi law regarding maintenance?
If you are a Parsi, you can claim maintenance from your spouse through criminal proceeding or/and civil proceedings. Interested parties may pursue both criminal and civil proceedings, simultaneously, as there is no legal bar to it. In criminal proceedings, the religion of the parties does not matter at all unlike civil proceedings.
Q: I have obtained a maintenance order from the court against my husband. But he refuses to pay. What are my options?
You inform the court that your husband is refusing to pay maintenance, even after the order of the court. The Court can then sentence your husband to imprisonment unless he agrees to pay. The husband can be detained in jail so long as he does not pay.
Succession
Q: Why do we need wills?
A person, who owns property in any form, is definitely concerned about his property after his demise. The disposal or distribution of property by a person, during his life time is generally not favoured. This is mainly because it results in loss of control over one's assets as well as one's family members. Moreover, this will also incur Stamp Duties. There is often a reluctance to make a will. This could be due to ignorance about the making of a will; or, it could be the wish to avoid the unpleasantness of facing up to the possibility of death. The fact remains that many people avoid making a will until it is too late. Some people execute writings, prepared by themselves or with the help and advice of well-meaning friends or relatives. Often, these turn out to be ineffectual in law during implementation, after the death of the person. The absence of a will (or the invalidity of a will or, parts of a will) creates problems for the legal heirs and successors. This can result in unintended injustice. The Indian Succession Act, 1925, is the main Statute that governs wills in India. It may be noted, however, that Mohammedans are generally governed by their personal law, which differs from the law that is laid down in the Act.
Q: What is a will?
A will is an important document whereby any living person can bequeath (leave behind) his property to other persons after his death. The person who makes the will is known as the testator. A will is enforceable only after the death of the testator. In India, the Indian Succession Act, 1925 is applicable to Hindus, Sikhs, Jains or Buddhists. However, most of it doesn't apply to Muslims as Muslims are largely covered by Muslim Personal Law. Some important features of a will are as follows:
-Legal declaration: Will is a legal declaration. Certain formalities must be complied with in order to make a valid will. It must be signed and attested, as required by law.
-Disposition of property: There must be some property which is being given to others after the death of the testator.
-Operation after death: A will becomes enforceable only after the death of the testator. It gives absolutely no rights to the legatee (the person who inherits) until the death of the testator. It has no effect during the lifetime of the testator. The testator can change his will, at any time prior to his death, in any manner he deems fit.
Q: What is a codicil?
A Codicil has been defined as an instrument, made in relation to a will that explains alterations and additions to its disposition. It shall be deemed to form part of the will. For instance, after a will has been made, the testator may still want to make some changes. By means of a codicil, he may cancel the entire earlier will and make a fresh will, incorporating the desired changes, or, he may alter only the relevant parts of the will suitably. Such a codicil will form part and parcel of the existing will. A Codicil is valid only if it is executed and attested in the same manner as a Will. It is a supplementary document to the will and, cannot stand independently.
Q: Who can make a will?
According to Section 59 of the Indian Succession Act, any person of sound mind, who has reached the age of majority, can make a will. However, the following persons cannot make a will:-
-Lunatics, insane persons.
-Minors i.e. below 18 years of age. In case a guardian is appointed to a minor, such minor reaches age of maturity only at the age of 21 years.
A Hindu woman cannot alienate the property that she receives from her deceased husband, who is a member of Hindu Undivided Family (HUF). However, she can dispose of by will, any property, which is part of her own earnings or which she has received by way of gift, during her life time.
Persons who are deaf or dumb or blind are not, thereby, incapacitated in making a will, if they are able to know what they do by it.
A person, who is ordinarily insane, may make a will during an interval while he is of sound mind.
No person can make a will while he is in such a state of mind, whether arising from intoxication or, from illness or, from any other cause, so that he does not know what he is doing.
Q: What are the different types of wills?
A privileged or oral will can be made or executed only by a soldier, employed in an outing or, engaged in actual war, or, by an airman, so employed or engaged, or, by a sailor at sea, if he has completed the age of 18 years, to dispose of his property by a will.
Such wills may be in writing or may be by word of mouth. The rules governing privileged wills are as follows:
-Such wills may be written wholly by the testator with his own hand. In such a case, it need not be signed or attested.
-It may be written wholly or, in part, by another person and signed by the testator. In such a case, it need not be attested.
-In case the instrument is written wholly or, partly, by another person and, is not signed by the testator, it shall be deemed to be the testator's will only if it is shown that it was written under the testator's directions or, that he recognized it as his will.
-If it appears on the face of the instrument that its execution was not completed in the manner, intended by the testator, the instrument shall not be invalid just for that cause. However, non-execution must, reasonably, be ascribed to some cause other than the abandonment of the testaments
-If the soldier, airman or mariner has written instructions for the preparation of his will, but has died before it could be prepared and executed, such instructions shall be considered to be a valid will.
-If the soldier, airman or mariner has, in the presence of two witnesses, given verbal instructions for the preparation of his will and, they have been put to writing in his life time, but he has died before the instrument could be prepared and executed, such instructions shall be considered to be a valid will.
-The soldier, airman or mariner may make a will by word of mouth, by declaring his intentions before 2 witnesses present at the same time.
-A will made by word of mouth shall be null and void at the expiration of one month after the testator, being still alive, has ceased to be entitled to make a privileged will.
Conditional or contingent wills become enforceable only on the happening of a particular event. E.g. 'A' will be entitled to a flat at Mumbai after my death (death of testator), only if he marries 'C.'
Joint wills: A common example is a single will, made jointly by a husband and wife, where each may make a disposition of his or her respective properties, in favour of their child.
Reciprocal wills: When two or more persons make a will, whereby they bequeath their properties to each other, it is known as a reciprocal will. Such wills may be revoked by any of the testators, during their joint lives. However, it is necessary for that person to give previous notice to the other testators so as to enable them to make changes in their wills. E.g. A husband and wife make a reciprocal will, bequeathing their properties to each other.
Q: How is a will made?
The rules for making a valid will are as follows:
1) The testator shall sign; or shall affix his mark to the will; or, it shall be signed by some other person in his presence and, by his direction.
2)The signature or mark of the testator, or the signature of the person signing for him, shall be so placed that it shall appear that it was intended, thereby, to give effect to the writing as a will.
3)The Will must be attested by two or more witnesses, each of whom has seen the testator sign or, affix his mark to the Will or, has seen some other person sign the will, in the presence and, by the direction of the testator. Or, he may have received from the testator, a personal acknowledgment of his signature or mark or, of the signature of such other person, and each of the witnesses shall sign the Will in the presence of the testator. However, it is not necessary that more than one witness is present at the same time, and no particular form of attestation is necessary.
Q: Can a will or codicil be altered or revoked and if so, how?
A Will or Codicil may be revoked or cancelled by the testator, only in writing. He must declare his intention to revoke the will or codicil and, execute it in the same manner as the will or codicil. A will or codicil may also be revoked by the burning, tearing or destroying of the same by the testator or, by some other person in his presence and, by his directions, with the intention of revoking the same.
A joint will- by both the testators- in respect of their common properties may be revoked by either of them during the life time of both or, by the survivor, on the death of one of them.
Q: Who is an executor of a will?
An executor is the person appointed ordinarily by the testator's by his will or codicil to administer testator's property and to carry into effect the provision of the will.
Q: How is a will deposited?
A testator is entitled to deposit his will in a sealed cover, super-subscribed with the name of the testator, either personally or by his duly authorized agent. On receiving the cover, the Registrar, if satisfied that the person presenting the same for deposit is either the testator or his agent, must keep the sealed cover in his custody.
If a testator, who has deposited such cover, wishes to withdraw it, he may apply either personally or by a duly authorized agent, to the Registrar who holds it in deposit. The Registrar, if satisfied that the applicant is actually the testator, or his agent, shall deliver the cover to him.
After the death of the testator, any person may apply to the Registrar to open the cover and if the Registrar is satisfied that the testator is dead, he must open the cover in the presence of the applicant and cause a copy of the will to be made in his prescribed book at the applicant's expense. He must hold the original in his custody, till ordered by a competent court to produce the will before it. In such cases, the Registrar will open it and send it to the court, after making a copy in the appropriate register.
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