According to the Canon Law, marriage is a conjugal union of a man and a woman which arises from a free consent of each spouse. A Christian Marriage in India is a contract and is usually solemnized by the Minister of Religion licensed under the Indian Christian Marriage Act, 1872. It can also be solemnized by the Marriage Registrar. In this article, we shall study different conditions for valid Christian marriage.
In Hyde v. Hyde, (1860) 1 and D 130 at 133 case, Lord Penzance defined a marriage as ” I conceive that marriage as understood in Christiandom may be defined as the voluntay union for life of one man and one woman to the exclusion of all others”. This definition has flaw because it emphasizes on the indissolubility aspect of the marriage.
In Nachimson v. Nachinsom, (1930) 1 and D p. 271 case, the Court observed that it should be the intention of the parties when they enter into marriage that it should last for life. Though, later on, it may be dissolved on any ground available to the parties including the irretrievable breakdown of marriage.
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Conditions for Valid Christian Marriage:
The conditions for a valid Christian Marriage are as follows:
One of the parties to the marriage must be Christian:
According to Section 4 of the Act, every marriage between persons, one or both of whom is or are a Christian, or Christians, shall be solemnized in accordance with the provisions of the next following section; and any such marriage solemnized otherwise than in accordance with such provisions shall be void.
In David v. Nilamuni Devi (AIR 1953 Ori 10) case the Court held that persons who are followers of the Christian religion are “Christians” and that baptism is not a condition precedent for professing the Christian religion. Hence a person who is not baptized can be a Christian with reference to the Indian Christian Marriage Act, 1872.
In Maha Ram v. Emperor (AIR 1918 All 168) case, the appellant Maha Ram was a Christian and baptized when a child. But he never professed Christianity. The Court held that if a person does not profess the Christian faith although he might have been baptized as a child, he cannot be regarded as Christian. Thus, only a person who professes the Christian religion is a Christian. Mere facts like dressing up as a Christian or attending a Christian school or being baptized as a child are not sufficient to treat that person as a Christian.
In Sujatha v. Jose Augustine (II (1994) DMC 442) case, the petitioner Sujatha was born as a Hindu belonging to Nair community and the first respondent belonged to Latin Catholic Community. Sujatha married with Jose and after marriage, Sujatha was baptized without her knowledge. Sujatha pleaded that both the baptism and the marriage have been conducted without her free will and are also not in accordance with the Canon law governing baptism and marriage. The Court held that if the baptism ceremony is conducted as an empty formality preceding the marriage ceremony and if the person has no faith in Christianity and a Christian way of life, he cannot be regarded as a Christian.
Marriageable Age:
According to Section 60(1) of the Indian Christian Marriage Act, 1872, the age of the bride and groom, just like other marriage laws, has been set as eighteen and twenty-one respectively within the Act.
The Child Marriage Restraint Act, 1929-78 apply to all communities and prohibit child marriages. But the Acts do not affect the validity of child marriage, which is governed by personal law of parties to marriage. The Act is a penal legislation and provides for punishment for the violation of the provisions of the Act.
Authorities to Solemnize Christian Marriage:
According to Section 60(3) of the Act, the marriage under the Act becomes valid only when it is solemnized by the licensed person/authority under the Act.
According to Section 5 of the Indian Christian Marriage Act, 1872, a Christian Marriage can be solemnized by any person
- who has received episcopal ordination. And it should be solemnized according to the rules of the Church of which he is a minister.
- by any Clergyman (a male priest especially in a church) of the Church of Scotland given that such a marriage is solemnized according to the rules, rites, ceremonies, and customs of the Church of Scotland
- can be solemnized by a Minister of Religion licensed under this Act. The minister of Church is any person who have received Episcopal Ordination of the Church of which he is a Minister.
- can be solemnized in the presence of a Marriage Registrar appointed under this Act
- by any person licensed under this Act to grant certificates of marriage between Indian Christians
Time of 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.
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Place of Marriage:
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.
Free Consent to Marriage:
The agreement between the two parties must be free and voluntary and without compulsion, undue influence, or threat of violence.
No Living Spouse:
According to Section 60(2) of the Act, neither of the persons intending to be married shall have a wife or husband still living. Bigamy is not permitted under the Act.
Witnesses:
According to Section 60(3) of the Act, the presence of at least two credible witnesses other than person who is solemnizing the marriage is mandatory.
Prohibition of Consanguinity or Affinity:
The Indian Christian Marriage Act, 1872 does not specify the degrees of prohibited relationship but merely lays down that a marriage which is forbidden by the personal law of the parties is not valid. This includes prohibitions such as prohibited degrees of consanguinity or affinity. The Divorce Act lays down that the parties should not be within the prohibited degrees of consanguinity (whether natural or legal) or affinity.
Registration of Marriage:
Registration of the marriage is mandatory. According to Section 61 of the Act, the Marriage Officer / Authority shall issue Certificate of Marriage in the form contained in the Second Schedule of the Act. This certificate is conclusive evidence of the marriage.
Conclusion:
A Christian Marriage in India is a contract and is usually solemnized by the Minister of Religion licensed under the Indian Christian Marriage Act, 1872. It can also be solemnized by the Marriage Registrar. The main conditions for valid Christian marriage are as follows: The age of the bride and groom has been set as eighteen and twenty-one respectively within the Act. All the marriages under this Act shall be solemnized between the stretch of 6 am in the morning and 7 pm in the evening in church only. There must be at least two witnesses. The marriage should be with free consents of the parties to marriage. Registration of the marriage is compulsory.