1. (a) If it appears that two (2) individuals do not have a right to a marriage license, the clerk of the circuit court shall refuse to issue the license. If the clerk refuses to issue the license and if requested by the individuals, the clerk shall:

   1. (1) certify the refusal to the circuit court; and
   2. (2) notify the individuals of the clerk's actions.
2. (b) At the earliest practicable time, the court shall hold a hearing on whether a marriage license should be issued to the individuals. The court shall notify the individuals of the time and place of the hearing. The hearing shall be held without a jury and may be held in court or in chambers. The court's finding concerning the issuance of a license is final.

3. (c) The clerk of the circuit court shall:

   1. (1) issue; or

   2. (2) refuse to issue;

      a marriage license in conformance with the court's order.

4. (d) The individuals who intend to marry are not liable for costs for any actions taken under this section.

   [Pre-1997 Recodification Citation: 31-7-3-11.]

As added by P.L.1-1997, SEC.3.