To solemnize means to duly perform. The unique feature of the Indian Christian Marriage Act, 1872 is that it permits the marriage where either both the parties to the marriage are Christian or either of the parties is Christian. So, this Act permits marriage between Christian and non-Christian. The Act of 1872 lays down two different procedures for solemnization of a valid marriage. Section 4 – 9 give requisites of Christian marriage. Marriage between two people is a legally and socially sanctioned union. Marriage establishes regulations, rights, and obligations not only between the people who have come into this union but also between their offspring’s and their in-law’s relatives. In this article, we shall study the solemnization of Christian Marriage under the Indian Christian Marriage Act, 1872.
Under the Indian Christian Marriage Act, 1872 three sets of authorities are provided for the solemnization of marriage, viz., Minister of Religion, Marriage Registrars, and persons licensed to solemnize 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. 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
Solemnization of Christian Marriage by Ministers of Religion:
Sections 12 to 26 deals with the solemnization of Christian Marriages by Minister of religion licensed under the Indian Christian Marriage Act, 1872.
According to Section 12 of the Act, one of the persons intending marriage shall give notice in writing, according to the form contained in the First Schedule, or to the like effect, to the Minister of Religion licensed under the Indian Christian Marriage Act, 1872 whom he or she desires to solemnize the marriage. The details required in the notice are name, surname, profession, dwelling address of marrying parties, duration of dwelling and the address of the Church where the solemnization of the marriage intended. This notice is given to notify the concerned authority of their intention to get married. If both the parties live in different locations, it is essential that each party makes a separate notice in writing to the Minister of Religion that is located within their area of residence.
According to Section 13 of the Act, if the persons intending marriage desire it to be solemnized in a particular church, and if the Minister of Religion to whom such notice has been delivered be entitled to officiate therein, he shall cause the notice to be affixed in some conspicuous part of such church for public viewing.
According to Section 18 of the Act, either of the party to the marriage must make a personal appearance before the Marriage Registrar before the certificate of notice has been issued. The party should appear before the Registrar by pledging the following.
- That there are no obstacles, natural inclinations or other legitimate impediments to the intended marriage.
- That the place of their residence is within the locale of the marriage registrar.
According to Section 19 of the Act, if either of the parties is a minor, the consent of one of the persons that are listed below is of great importance to perform the marriage.
- Father of the Minor, if alive and well.
- The authorized Guardian of the Minor if available.
- The Mother of the Minor, if no other individual is authorized to such a consent resides in the country.
Once the pledge is done, and there are no objections, a Certificate of Notice is issued under Section 22 of the Act. Information such as the address of the Church or the Chapel or any other place that the marriage rituals are expected to be performed are stated in the Certificate of Notice. This Notice would not be issued if is stopped by anyone stating apparent reasons why the testament ought not to be granted. The issuance of the certificate of notice makes it mandatory for the marriage to be performed with two months from the date of publication. Failing to do so would make the certificate of notice redundant and new certificate would be required.
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.
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.
Under the Indian Christian Marriage Act, a Christian Marriage is performed between the parties to the marriage with accordance to the rituals which is considered to be essential and proper by the Minister or the Priest designated to perform the wedding. The presence of two eligible witnesses other than the minister or the priest performing the marriage is a mandatory requirement at the marriage ceremony. A marriage cannot be performed if it is not performed within two months from the issuance of the certificate of notice. In such a case, a new certificate of notice has to be applied for and issued to solemnize the marriage.
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.
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Solemnization of Christian Marriage by Marriage Registrar:
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).
Either of the party to the marriage must make a personal appearance before the Marriage Registrar before the certificate of notice has been issued. The party should appear before the Registrar by pledging the following.
- That there are no obstacles, natural inclinations or other legitimate impediments to the intended marriage.
- That the place of their residence is within the locale of the marriage registrar.
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.
Parties are free to choose such form and such ceremonies as they think fit, but the marriage has to be solemnized in the presence of the Marriage Registrar and two more credible witnesses.
Parties are required to declare in some part of the ceremony, “I (Name of one party) may not be joined in matrimony to (Name of the other party) ” and “I can upon this person here present to witness that I (Name of one party), to take thee, (Name of the other party) to be my lawful wedded wife (or husband)”.
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.
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Registration of Marriage After Solemnization of Christian Marriage:
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.
Documents Required for a Registration of a Marriage:
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.