These are frequently asked questions about Christian marriage, Conditions for valid marriage, solemnization of marriage, time and place of marriage, and certificate of marriage.
a) Which law is applicable to Christians in India in matter of marriage and divorce?
The Indian Christian Marriage Act, 1872 is applicable in matter of marriages while the Divorce Act, 1869 is applicable in matter of divorce.
b) What is “marriageable age” under the Indian Christian Marriage Act?
According to Section 60 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.
c) Can a Christian and non-Christian marry under the Indian Christian Marriage Act?
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. Thus, according to the act, a marriage is legitimate if at least one of the parties is Christian. Hence, a Christian and non-Christian marry under the Act.
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d) Who solemnizes a Christian marriage?
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
- 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
e) Who is “Minister of Church” under the Indian Christian Marriage Act?
The minister of Church is any person who have received Episcopal Ordination of the Church of which he is a Minister.
f) Time and place of marriage under the Indian Christian Marriage Act
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.
g) What is the place for solemnization of a Christian 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.
h) Can marriage be solemnized outside Church under the Indian Christian Marriage Act?
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. Thus, a marriage be solemnized outside Church under the Christian Marriage Act with special permission.
i) What are conditions for valid Christian Marriage under the Indian Christian Marriage Act, 1872.
According to the Act,
- 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 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.
j) Enlist documents required for a Registration of a Marriage under the Indian Christian Marriage Act, 1872.
The following documents should be presented with the parties at the time of registration of their marriage as per the act:
- A completed and precise application form with two passport-sized photos of both the parties.
- The Certificate of Marriage which is granted by the Minister or the Priest who solemnized the wedding.
- Two photos taken at the time of the wedding following the rituals and the invitation card of the wedding.
- Age proof and proof of resident of both the parties of the marriage.
- An affidavit certifying both the parties of the marriage’s mental condition and mental status.
k) What is significance of Certificate of Marriage under the Indian Christian Marriage Act, 1872?
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.
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l) A Christian boy named David wanted to marry a Muslim girl, Zubeda. Advise them about solemnization of the marriage under the Indian Christian Marriage Act, 1872.
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. Thus, according to the act, a marriage is legitimate if at least one of the parties is Christian. Hence, the marriage between David (Christian) and Zubeda (Muslim) can be solemnized under the Act.