These are some important concepts about the Indian Christian Marriage Act, which are required to understand the Act.
- Salient Features of the Act
- Time and Place of Christian Marriage
- Marriage Registrar
- Requisites of Valid Christian Marriage
- A Christian Marriage
- Marriage Solemnized by Minister of Religion
- Certificate of Notice
- Registration of Marriage
a) Salient Features of the Christian Marriage Act:
- The Indian Christian Marriage Act, 1872 is applicable in matter of marriages. It contains 88 Sections in 8 Parts and 4 Schedules.
- According to Section 4 of the Indian Christian Marriage Act, 1872, every marriage between persons, one or both of whom is or are a Christian or Christians can be solemnized under the Act.
- According to Section 60 of the Act, the age of the bridegroom must not be less than 21 years, and the age of the bride must not be less than 18 years. The two parties to the marriage must give the wedding voluntary consent which cannot be received by misrepresenting evidence or by compulsion or by excessive influence. At the time of marriage, no party can have a living partner. The marriage must take place in the presence of an official who is allowed to issue a marriage certificate and at least two credible witnesses.
- According to Section 5 of the Act, gives list of certain individuals are appointed for the solemnization of marriages under this Act.
- According to Section 10 of the Act, the Christian marriages should take place between the timeframe of six in the morning to seven in the evening, the time for a Christian marriage ritual must be scheduled.
- According to Section 11 of the Act, a church or a chapel is the location where Christian marriage must be performed. Some special considerations and requests are granted that gives the time and place for the marriage ceremony to be flexible.
- According to Section 12 of the Act, written notice from any side, in the manner provided for in the First Schedule of the Act, by the Minister concerned, the parties would like the union to be solemnized. The notice must include name, occupation, and residence of all parties, the period during which the party involved was concerned They have lived in their place of residence and the church/private dwelling where marriage has to be solemnized.
- According to Section 16 of the Act, the marriage registrar is allowed to place the notice in any noticeable position in his office.
- According to Section 18 of the Act, each party to the marriage to appear before the Minister directly and to announce that there is no impediment to the marriage of parentage or affinity and that required consents have been received, mandated by statute. A certificate can be issued only after the expiry of four days after receipt of the notification, provided that its issuance is not prevented and that the parties have shown to the satisfaction of the Minister that there is no legal impediment to the issuance of the certificate.
- According to Section 25 of the Act, after the issuance of a certificate under section 17, the Minister is entitled, in the presence of two witnesses, to solemnize the marriage between the parties in accordance with the form or ceremony which the Minister might find fit to adopt.
- According to Section 26 of the Act, if the marriage is not solemnized within 2 months of the date on which the certificate referred to in section 17 is given, the certificate is invalid and the parties are not entitled to have the marriage solemnized without having a new certificate issued under section 17.
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b) Time and Place of Christian Marriage:
The Indian Christian Marriage Act, 1872 is applicable in matter of marriages. According to Section 4 of the Indian Christian Marriage Act, 1872, every marriage between persons, one or both of whom is or are a Christian or Christians can be solemnized under the Act. Section 5 of the Act gives list of persons who can solemnize a Christian Marriage.
According to Section 10 of the Indian Christian Marriage Act, 1872, all the marriages under this Act shall be solemnized between the stretch of 6 am in the morning and 7 pm in the evening.
According to Section 11 of the Indian Christian Marriage Act, 1872, no Clergyman of the Church of England shall solemnize a marriage in any place other than a church unless there is no church within five miles distance by the shortest road from such place OR unless he has received a special license that authorizes him to do so under the hand and seal of the Anglican Bishop of the Diocese or his Commissary. a marriage be solemnized outside Church under the Christian Marriage Act with special permission.
c) Marriage Registrar Under the Indian Christian Marriage Act:
The Indian Christian Marriage Act, 1872 is applicable in matter of marriages. According to Section 7 of the Indian Christian marriage act 1872, the State Government may appoint one or more Christians, either by name or as holding any office for the time being, to be the Marriage Registrar or Marriage Registrars for any district subject to its administration.
Sections 38-59 of the Indian Christian marriage Act, 1872 deal with marriages solemnized by or in the presence of a Marriage Registrar. When a marriage is intended to be solemnized by or in the presence of a Marriage Registrar, notice shall be given by one of the parties to the marriage in the format given in the First Schedule to any Marriage Registrar of the district or districts of their residence. On receipt of such a notice, the Marriage Registrar causes a copy thereof to be affixed in some conspicuous place in his office. The said Marriage Registrar must also file all such notices and keep them with the records of his office. He must also enter a true copy all notices in a book called the Marriage Notice Book (S. 40). When such book is filled up, he must send it to registrar-General of Births, Deaths and marriages to be kept by the later with the other records of his office (S. 55).
The party by whom the notice was given by one of the parties of marriage appears personally and then make an oath and request the Marriage Registrar to issue a certificate of such notice. If no lawful impediment is shown as to why such certificate should not be issued, the Marriage Registrar can issue certificate if four days have expired after receipt of the notice. The issuance of a certificate is essential before a marriage can be solemnized.
Once a Marriage is solemnized it is to be registered and entry recorded in certificate and marriage register book signed by both the parties and the Marriage Registrar. It should also be duly attested by two credible witnesses.
d) Requisites of Valid Christian Marriage.
The Indian Christian Marriage Act, 1872 is applicable in matter of marriages. According to Section 4 of the Indian Christian Marriage Act, 1872, every marriage between persons, one or both of whom is or are a Christian or Christians can be solemnized under the Act.
According to the Act, requisites of valid Christian Marriages are as follows:,
- One of the party or both must be professing Christianity (Section 4).
- The agreement between the two parties must be free and voluntary and without compulsion, undue influence, or threat of violence.
- The marriage must be solemnized by the persons who are authorized to do so. Section 5 of the Act gives list of persons who can solemnize a Christian Marriage.
- The age of the man intending to be a married shall not be under twenty-one years, and the age of the woman intending to be married shall not be under eighteen years (Section 60).
- Neither of the persons intending to be married shall have a wife or husband still living (Section 60).
- The marriage shall be solemnized in the presence of a person licensed under section 9
- At least two credible witnesses other than person who is solemnizing the marriage.
- The marriage should strictly take place between the timeframe of six in the morning and seven in the evening (Section 10).
- The marriage should take place in a Church or Chapel. There can be a change in these provisions by giving them special consideration or grants (Section 11).
e) Christian Marriage:
The Indian Christian Marriage Act, 1872 is applicable in matter of marriages. According to Section 4 of the Indian Christian Marriage Act, 1872, every marriage between persons, one or both of whom is or are a Christian or Christians can be solemnized under the Act.
According to the Act, requisites of valid Christian Marriages are as follows:,
- One of the party or both must be professing Christianity (Section 4).
- The agreement between the two parties must be free and voluntary and without compulsion, undue influence, or threat of violence.
- The marriage must be solemnized by the persons who are authorized to do so. Section 5 of the Act gives list of persons who can solemnize a Christian Marriage.
- The age of the man intending to be a married shall not be under twenty-one years, and the age of the woman intending to be married shall not be under eighteen years (Section 60).
- Neither of the persons intending to be married shall have a wife or husband still living (Section 60).
- The marriage shall be solemnized in the presence of a person licensed under section 9
- At least two credible witnesses other than person who is solemnizing the marriage.
- The marriage should strictly take place between the timeframe of six in the morning and seven in the evening (Section 10).
- The marriage should take place in a Church or Chapel. There can be a change in these provisions by giving them special consideration or grants (Section 11).
Once a Marriage is solemnized it is to be registered and entry recorded in certificate and marriage register book signed by both the parties and the Marriage Registrar. It should also be duly attested by two credible witnesses.
f) Marriages Solemnized by Ministers of Religion:
The Indian Christian Marriage Act, 1872 is applicable in matter of marriages. According to Section 12 of the Act, whenever a marriage is intended to the solemnized one of the persons intending marriage shall give notice in writing. The notice should be in accordance with the form contained in the First Schedule and to be sent to the Minister of Religion whom he/she desires to solemnize the marriage. The notice shall therein include the following details:
- the first name, last name and the profession of each of the persons intending to get married
- the place of residence of each of them
- the time during which each has lived there
- the church or area dwelling in which the solemnizing of the marriage is to take place.
Once the notice is delivered to the Minister of Religion, he shall affix the notice in some conspicuous part of the Church. When one of the parties intending to get married is minor, the Minister is required to send the notice to the Marriage Registrar of the district within 24 hours. And if there are more than 1 Registrar of such district, he should send it to the Senior Marriage Registrar.
g) Certificate After Notice Under the Indian Christian Marriage Act:
The Indian Christian Marriage Act, 1872 is applicable in matter of marriages. When a marriage is intended to be solemnized by or in the presence of a Marriage Registrar, notice shall be given by one of the parties to the marriage in the format given in the First Schedule to any Marriage Registrar of the district or districts of their residence. On receipt of such a notice, the Marriage Registrar causes a copy thereof to be affixed in some conspicuous place in his office. In order to acquire the Certificate of Notice, either one party to the marriage must make an appearance before the Marriage Registrar in order to pledge that:
- there is no obstacle, natural predisposition or other legitimate obstruction to the marriage;
- the place of residence of both the parties is within the locale of the marriage registrar;
In the event where one of the parties is a minor, the consent of one of the persons mentioned below is of utmost importance, in order to perform the marriage:
- Father of the minor, if alive and not deceased, or,
- The Guardian of the minor or if no guardian, then,
Consent of the mother is required (only if there is no person authorized to give such consent residing in India)
The Registrar has the power to issue the Certificate of Notice only once the pledge has been taken before the Registrar by either one of the parties and a duration of four days has passed after the notice of intended marriage has been received. The certificate indicates the location of the Church or Chapel, where the marriage rituals are expected to be performed.
Once the Registrar issues the Certificate of Notice, it becomes obligatory to perform the marriage within two months from the date of issuance. In the event that the marriage is not solemnized within the stipulated time period, the certificate becomes redundant, and a fresh certificate will have to be issued.
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h) Registration of a marriage under Indian Christian Marriage Act:
The Indian Christian Marriage Act, 1872 is applicable in matter of marriages. According to Section 59 of the Act, the registration of marriages between Indian Christians under Part V shall be made in conformity with the rules laid down in section 37 so far as they are applicable, and not otherwise.
According Section 37 of the Act, when any marriage between Indian Christians is solemnized by any such person, Clergyman or Minister of Religion as is referred to in clause (1), clause (2), or clause (3) of section 5, the person solemnizing the same shall, instead of proceeding in the manner provided by section 28 to 36, both inclusive, register the marriage in a separate register-book, and shall keep it safely until it is filled, or, if he leave the district in which he solemnized the marriage before the said book is filled, shall make over the same to the person succeeding to his duties in the said district. Whoever has the control of the book at the time when it is filled, shall send it to the Marriage Registrar of the district, or, if there be more Marriage Registrars than one, to the Senior Marriage Registrar, who shall send it to the Registrar General of Births, Deaths and Marriages, to be kept by him with the records of his office.
An application for registration of the marriage is made by both the party to the concerned authority in whose jurisdiction either of the parties has been residing. The wedding is registered by the Marriage Registrar who was present at the marriage and performed the union of the couple in the Marriage Register. An acknowledgement slip of the registration with the authorized signatory of both the parties along with the witnesses present at the time is recorded. This is then attached to the Marriage Register and thereby indicating that the marriage was registered officially. These slips of acknowledgement are sent out at the end of the month to the Registrar General of Births, Deaths and Marriages. Christian marriages in India may also be endorsed under a special provision without prior notice.