Christian Marriage

The Christian Marriage Act, 1872

• Christian Person who professes the religion of
Jesus
• Indian Christians :
• Native converts to , and their descendants
• Competent to solemnise:
• Minist`er of religion who may be licensed
• Registrars appointed under this Act
• persons licensed under this Act to grant
certificates under the Act
• those who received . "Episcopal ordination"
can mean one of two different things: either
ordination as a bishop "), or ordination by a
bishop. “
• Conditions for marriage
• when one or both, is or are Christians
• Exception If either of the parties personal
law prohibits on the ground of prohibited
degree of marriage
• Where it is by Marriage Registrar under the
Act
• Notice
• Marriage registrar of the district in which
the parties are dwelling
• If the parties are dwelling in different
districts. It is to be given to each Registrar
• Notice tobe fixed in the conspicuous part of
theoffice of the marriage Registrar
• Oath before the Registrar
• One of the parties should personally appear
before the Registrar and make oath
• a) no impediment of kindred or affinity or
lawful hindrance
• b) residence with in the jurisdiction of the
Marriage Registrar
• c) Consent of guardian if either party is a
minor
• Certificate of notice
• After the oath has been made and 4 days
later the notice have expired ( 14 days if one
of the parties is a minor), the Registrar will
give certificate
• No certificate if protest is made
• Marriage after getting certificate within 2
months, otherwise the certificate becomes
void
• Mode
• according to the form and ceremony the parties
think fit in the presence of some Marriage
Registrar(Need not be the person issued the
certificate) sign and 2 or more witnesses attest
• Registration
• Registrar present at solemnization shall register
in Marriage Register and attach certificate as
counter-foil
• Spl. For Indian Christians
Marriage may be certified without a preliminary notice
Necessary conditions:
Bride grooms age above 16 years
Neither of the parties has a husband or wife living
In the presence of a licensed to grant certificate and
atleast 2 witnesses
each party should say to other “ I call upon thee persons
here present to witness that I, A, in the presence of
Almighty God and in the name of our Lord Christ, do take
thee B, to be my lawful wedded wife(or husband)” of
words to that effect
• If the either of the parties is under 18 years
• No certificate until the consent of the person
competent to consent is given
• Competence : father, next mother
• Procedure for getting Marriage Certificate:
after it is entered in Marriage Register, on the
application of either of the parties to the
marriage a certificate of the marriage should
be furnished on payment of fees
• Ceremonies incidental to christian marriage
• The Indian Christian Marriage Act, 1872
• If one of the parties to a Christian marriage is a
christian or both are Christians, the Marriage should
be solemnized under this Act
• Solemnization
• by Minister of the church or by Marriage Registrar
under the Act
• Indian Christians marriage may be solemnized by any
person licensed under the Act to grant Certificate
• Forms of marriage solemnized by a minister of
the church
• One of the parties intending to marry shall give a
notice to the minister of the church by giving the
names of the parties to the marriage and the
church or dwelling where it is to be performed
• Notice shall be fixed to a conspicuous part of the
church by the minister, who offficiates in the
church
• if one of the parties is a minor it must be affixed
in the Marriage Registrar’s office.
• If minor is having no father or guardian then
the mother has to give consent
• Minister of the church gives a certificate of
Notice
• Marriage should be solemnized with in 2
months thereafter
• Solemnization by the Marrige Registrar
• Notice to the Marriage Registrar
• to be affixed in a conspicuous part in the office
of the Registrar
• To be entered in the Marriage Notice Book
maintained by the Registrar
• Registrar issue a certificate of receipt of notice
• Oath before registrar
• Christian Law of Marriage
• Indian Christian Marriage Act, 1872
• Sec.60 .Conditions for certification of Marriage of Indian
Christians
• Age of the man intending to be married shall not below under21 and
the woman shall not be under 18 years.
• Neither of the persons intending to be married shall have a wife or
husband still living;
• In the presence of a person licenced under Sec.9 with two credible
witnesses other than such person licensed under Sec.9 shall say to the
other—
• I I call upon these persons here present to witness that I, AB, in the
presence of Almighty God, and in the name of Our Lord Jesus Christ, do
take, CD, to be my lawful wife or husband ‘ or words to the like effect.
•
•
• Christian Law
• Indian Divorce Act, 1869, Sec. 18 and Sec.19
Marriage maybe declared null and void in the
following:
• Respondent was impotent at the time of Marriage
at the time of institution of the suit
• Parties are within the prohibited degrees of
consanguinity or affinity
• Either party was a lunatic or idiot at the time of
marriage
• Spouse living at the time of marriage while the
earlier marriage was subsisting
• Reliefs under Indian Divorce Act
• If either of the parties is a Christian
• Reliefs Dissolution of Marriage’
• Declaration of nullity of the marriage
• Decree of judicial separation
• R CR
• The Special Marriage Act 1954
• Sec.27 of the S M Act Deals with divorce:
• Subject to the provisions and the rules, A petition for divorce may be
presented to the District court by either parties to the marriage on the ground that the
respondent:
• Adultery; or
• Desertion;or
• Undergoing a sentence of imprisonment for 7 years or more for an offence as defined in
the I P C
• Cruelty;or
• Unsound mind
• Expln: Unsound mind ;or
• Psychopathic disorder; or
• Venereal disease in a communicable form; or
• Suffering from leprosy, the disease not having been contracted from the petitioner; or
• Has not been heard of as being alive for a period of seven years
• Explanation: desertion.
• Sec.27(1-A) A wife may present petition for divorce in a district
court in the following:
•
• Since the date of marriage the husband has been guilty of rape,
sadomy or bestiality
• (ii) Non- resumption of co-habitation between the parties for
one year or upwards after decree or order of maintenance
• Sec.27 (2 ) (i) Non resumption of cohabitation for a period of
One year or more after decree for judicial separation
• (ii) failure to comply with the decree of Restitution of
conjugal rights for a period of one year or upwards
•
• Muslim Law
• Grounds available to a muslim wife contained in
Dissolution of Muslim Marriage Act, 1939
• ( a muslim husband does not need any ground as such to
divorce his wife)
• Sec.2 A muslim woman can obtain a decree for the
dissolution of her marriage on the following:
• (i) Whereabouts of the other spouse have not been
known for 4 years;or
• (ii) neglected by the husband or has failedto provide for
her maintenance for two years;
• (iii) Has been sentenced to imprisonment for seven years
or upwards;
• (iv) Husband failed to perform without reasonable
cause his marital obligations for a period of 3 years
• (v) Husband was impotent at the time of marriage
and continues to be so’
• (vi) Husband has been insane for a period of two
years or is suffering from leprosy or virulent V D
• (vii)Given by her father or guardian in marriage
before she attained the age of 15 years, repudiated
her marriage before attaining the age of 18 Provided
that the marriage has not been consummated;
• (viii) Husband treats her with cruelty, that is to say:
• Habitually assaults or makes her live miserable by cruelty
of conduct; or
• Associates with women of evil repute; or
• Attempts to force her to lead an immoral life;or
• Disposes or prevents her exercising her legal rights over
her property
• Obstructs her in the observance of her religious profession
• Does not treat her equally in accordance with
injunctions of the Quran with other wives
• (ix) Any other ground recognized as valid for dissolution
under Muslim Law
• Provided that:
• No decree shall be passed on ground (iii) until the
sentence has become final;
• Decree passed on ground(i) shall not take effect for a
period of six months from the date of such decree
• Before passing a decree on ground (v) on application by
the husband, the court shall make an order requiring him
to satisfy the court within a period of one year from that
date that he has ceased to be impotent
•
• Muslim law also provides for Divorce by mutual consent
• Christian Law
• The Indian Divorce Act, 1869 has been amended in 2001, provides
divorce on the following:
• Sec.10(1) Any marriage solemnised either before or after
commencement of Act 2001.may be dissolved on a petition to the
District court, eithr by the husband or the wife be dissolved on the
ground that since the solemnization of the marriage therespondent-
• Committed adultery
• Ceased to be Christian by conversuion
• Incurably of unsound mind for a period of not less than 2 years
immediately preceding the presentationof the petition or
• for a period of not less than 2 years immediately preceding the
presentationof the petition has beensuffering from Virulent and
incurable form of leprosy
• for a period of not less than 2 years immediately preceding the
presentationof the petition from V D in a communicable form
• Has not been heard of as being alive for a periodof 7
years or more
• Wilfully refused to consummate the marriage and the
marriage has not herebeen consummated
• Failed to comply with the decree of restitution for a
period of 2 years or more after passing the decree
• Deserted the petitioner for atleast two yers immediately
preceding thepresentaionof the petition
• Treated the petitioner withcruelty
• 2. A wife may also present a petition for the dessolution
on the ground that the husband has since the
solemnization guiltyof rapee, sodomyor bestiality
•