Christian Law regarding marriage and divorce in India
Introduction
Many Centuries ago, Christians came to India and settled during this country. Once East India Company assumed ruling power in India and established its own courts. With the institution of the Supreme Courts, the Common Law of European nation was created applicable to India on several subjects as well as wedding and divorce among the Christian community, on the bottom that it absolutely was supported the principle of equity, justice and sensible conscience.
The law with reference to solemnisation in India of marriages of persons professes religious belief was contact two Acts of the British Parliament and three Acts of the Indian legislative assembly. Indian Christian Marriage Act, 1872 was passed. There are unit varieties of enactments in India that touch upon Christian marriages and marital causes. They are the Indian Christian Marriage Act, 1872. The Marriage Validation Act, 1892; the Christian Marriage Act 1905; the Indian Marital Cause Act, 1948; the Converts Marriage Dissolution Act, 1866 and as a result the Indian Divorce Act, 1869.
This Act consolidates the law associated with the solemnizing of Indian Christian Marriage. It absolutely was enacted on the eighteenth Gregorian calendar month 1872. This law extends to the total of India except domestic fowl, Manipur and Jammu and Kashmir. The Christian Marriage Act, 1872 the law with reference of the celebration in India of the Marriage of person avowal the religious belief was guided by British Act, fourteen and fifteen Vict. C. Forty and fifty right Geo. III C. 84 and two Indian Acts, Acts five of 1862 and five of 1865.
Meaning of Christian in Act, 1872
The term Christian consistent with Section three means that person avowal that religion and Asian Nation Christian includes the Christian descendants of natives of India regenerate to Christianity, yet in and of itself converts. Marriage between persons, a minimum of one in all whom could be Christian, are ruled by the Christian Marriage Act, 1872. It provides a code in itself and extends to the complete of Asian Nation except the States of Travancore Cochin, and state.
In Part 1 of the Act (Section 4-9) bound conditions are set down for a marriage to be valid underneath the Act. The parties to the marriage should be Christians as outlined underneath Section 3 of the Act or a minimum of one in all them should be a Christian and therefore the marriage should are thus solemnized in accordance with the provisions of Section 5 of the Act by an individual punctually licensed to try to do so. The State Governments are licensed to grant and revoke licences, granted in favour of bound person, for the solemnisation of marriages underneath the Act.
As per the provisions contained within the Act, the marriage should be performed in an exceedingly explicit kind and punctually entered within the marriage register maintained for this purpose. It’s been command that versions of eyewitnesses to the marriage and resultant conduct of the couple living as husband and better half may be smart items of proof to prove the issue of a Christian marriage.
A Christian Marriage may present itself at the house of the bride’s mother and in this case the sign language of the marriage Register isn’t although one in all its parties could be a Hindu can’t be dissolved by a decree of divorce underneath Section 13 of the Hindu Marriage Act, a marriage performed underneath the Christian Marriage Act and with validity registered underneath the provisions registered underneath the provisions of Special Marriage Act is legal if the conditions set down in that section are consummated.
Part II of the Act that consists of Sections 10 and 11 lays down the final rule that each marriage underneath this Act shall be solemnized between the hours of six within the morning and seven within the evening and therefore the place of marriage could be a Church. Exceptions are, however, created just in case wherever a special licence allowing a priest of the Church is granted. The Act of an individual who solemnized a wedding on the far side these hours and out of doors the Church within the absence of witnesses and while not having any been created punishable underneath Section 69 of the Act. The social control provided is up to three years imprisonment.
Part III of the Act, that covers Sections 12-26, deals with the notice of meant marriage and its publication before the particular bridal ceremony. It lays down that one in all the person intending marriage shall provide a notice in writing as per the shape contained within the initial Schedule to the Act, to the Minister of regarding whom he or she wishes to solemnize the marriage with. If the marriage is meant to be in an exceedingly explicit Church it’s the Minister of faith who shall affix an equivalent at some conspicuous a part of such Church.
If the marriage is meant to be in an exceedingly personal domicile, the Minister of faith shall forward the notice to the marriage Registrar of the district, who shall affix an equivalent at some conspicuous place in his workplace. Before solemnisation of marriage, a certificate by the Minister of faith is crucial. Such a certificate shall not be issues before the expiration of four days from the date of the receipt of the notice. It ought to even be shown that there’s no impediment within the provisions of the certificate and therefore the issue of an equivalent has not been issued by law.
If the marriage isn’t solemnized among two months from the date of the difficulty of the certificate it becomes void and a recent notice is to be served. If a celebration to a wedding could be a minor, the consent of the father, if he’s alive or if the father’s dead, the consent of the guardian of the person of such minor, or, if there’ no guardian, that of the mother is crucial before marriage. In case of marriage of a minor consent isn’t valid.
Section 27-37 are enclosed partially IV of the Indian Christian Marriage Act, 1872. It deals with the registration of marriage solemnized underneath this Act between Indian Christians. These weddings ought to be in conformity with the foundations set down marriages are to be solemnized by clergymen of the Church of European country who shall send quarterly return to the jurisdiction containing all entries of marriage.
Each entry of such marriage is to be signed by each party and therefore the person solemnizing the wedding and shall be echt by two credible witnesses.
Part V contains Section 38-59 of the Act that manage marriages solemnized by or within the presence of a wedding Registrar. Once a wedding is meant to be solemnized by or within the presence of a wedding Registrar, notice shall incline by one in all the parties to the wedding within the format given within the initial Schedule to any wedding Registrar of the district of districts of their residence. The provisions of a certificate are crucial before a wedding may be solemnized.
The certificate is issued by the Marriage Registrar that lapses on the expiration of two months if marriage has not been solemnized. Then a replacement notice is needed to be issued. Once a wedding is solemnized it’s to be registered and entry recorded in certificate and marriage register book signed by each the parties and therefore the wedding Registrar. It ought to even be punctually echt by two credible witnesses.
Part VI of the Act deals with marriage of Indian Christians. This half containing Sections 60-65 lays down that there’s no would like of giving preliminary notice however it should be evidenced that the ages of the bridegroom and bride don’t seem to be below 21 years and 18 years severally, which neither of the person desiring to be married encompasses a better half or husband still living. The parties then take the oath before the presence of two witnesses and Officer who then grants a certificate of marriage Entries are created within the register maintained for this purpose.
Part VII deals with the penalties that are incorporated in Section 66-67 fro creating false declaration or sign language a false notice or certificate. These acts are created punishable underneath Section 193 of the Indian Penal Code. The social control provided is up to 3 years imprisonment.
The creating of false declaration ought to be intentional. Solemnizing marriage while not due authority has additionally been created punishable underneath the Act and so the social control provided extends to 10 years imprisonment. Equally if an individual solemnizes a marriage at any time aside from the prescribed hours or within the absence of witnesses, he’s guilty of an offence punishable with imprisonment which can extend up to 3 years and fine. There’s no specific prohibition preventing an individual avowal Christianity from marrying a non-Christian once undergoing a non-Christian ceremony.
Part VIII of the Act deals with miscellaneous matters regarding marriages underneath this Act. A marriage solemnized doesn’t become void underneath this Act on account of minor irregularities. The errors may be corrected. It additionally offers the ability to the regime to visit fees, inter alia, for receiving and business enterprise notice of marriage, supply certificates of marriage, looking out register books or certificate, etc. It’s going to be seen that whereas another personal laws are amended the Christian law has remained proof to alter despite demands and suggestions for reforms.
Author: Neha Ghuge,
Government Law College, Mumbai/Second Year