Introduction:
Marriage is an important social institution which controls and gives discipline to human life. In India, marriage is a universal ties between two parties. Marriage not only ties the bonding between two persons but also among the family members and the offsprings. Naturally marriage is the most auspicious relation between two parties and marriage is the ultimate and holy destination to make a family eventually family is the basic social institution of a society. Marriage varies religion to religion as there are several religions in the present era. According to each and every religion particular rituals must have done as per the guidelines of religion. In India, there are different religion and their rituals to be followed. The Indian Christian Marriage Act, 1872, which was enacted during the british ruling period and governs the cristian marriage.
This article describes the essential keys of christian marriage including the important rules and regulations and christian marriage as well as the procedure.
Essentials:
According to the section 4 of The Indian Christian Marriage Act, any marriage between christian as well a marriage where a party's christian must be solemnized according to the provisions of this Act, else the marriage shall be considered as void. Infact, a marriage must satisfy and fill up the conditions and terms under this act as per the guidelines given for the procedure.
Section 60 of The Indian Contract Act specifies the rules about age limit. The following conditions must have to be followed to solemnized a valid marriage:
1. The groom must be aged 21 or below 21 years. The groom isn’t valid to be married. On the other hand, the bride can't be under 18 years.
2. Any of the parties must not have any spouses living at the time of the marriage. This will lead to a marriage void ab-initio.
3. The marriage should be solemnized with a licensed person under the act section 9 and with at least two reliable witnesses.
An important condition for a valid marriage is prescribed under section 88 that if the personal law doesn’t validate or forbids the parties to enter into an inter-faith marriage. Thus, such an inter-caste marriage will be invalid if the personal law governs other persons prohibits marriage with a Christian.
Individuals authorized to solemnize the marriage:
Section 5 of the Indian Christian Marriage Act discusses the authority to solemnize a christian marriage between two parties. If anyone doesn’t suit with the authority can solemnize a valid christian marriage.
1. Any individual person who has gained the episcopal authority and is authorized to solemnize the marriage according to the rites, rituals, ceremonies and custom in which the person belongs as the Minister of.
2. Any clergyman who belongs to the Church of the Scotland and is authorized to solemnize the christian marriage as the following rules, rites, rituals and customs of the Church of Scotland.
3. An individual person who is a Minister of religion and who is authorized to solemnize the marriage as per the guidelines of the Act.
4. Any person who has the authority to grant a christian marriage certificate and in a Christian Marriage. He is authorized to solemnize a christan marriage. This point is explained in section 9 of The Indian Christian Marriage Act, 1872.
Time and place of Marriage:
Section 10 of this Act specifically describes that the marriage has to be solemnized between 6am and 7pm. There are exception of this rules:
1. Any clergyman who has the authority to solemnize a christian marriage except the time of 6am and 7pm.
2. Marriage being solemnized by a clergyman of the church of Rome under a special license from the Roman Catholic Bishop of the Diocese or Vicariate in which such marriage is so solemnized.
3. Any clergyman of Scotland by whom a marriage is solemnized according to the church's rules, rites, ceremonies and customs.
Section 11 of the Christian Marriage Act permits a clergyman of the Church of England to solemnize a marriage only at a church where worship is generally held according to the forms of Church of England unless there is no church within 5 miles from the shortest distance from this place or unless a special license allows the clergyman to solemnize the marriage at any other place.
Notice of marriage:
Section 12 of the Act requires from any party those who are going to be married need to give written notice with the format contained in First Schedule of the Act, to the respective Minister by whom the parties want the marriage to be solemnized. The notice has to arrange the name, surname, profession and residence of both parties and the address such where they are from and living place in their dwelling place and the church or private dwelling where marriage is expected to be solemnized.
Publication of notice:
In the time of marriage where the parties want the marriage to be solemnized in a church Section 13 defines that, the concerned Minister has to receive the prior notice section. Section 12 deals with that. This conspicuous notice shows to the concerned church that the Minister is entitled to officiate the marriage. In the matter of marriage it is intended to be solemnized in a private ground or dwelling; section 14 claims that the Minister has to forward the notice to the Marriage Registrar of the respective district for affixation in some conspicuous part of his office.
Issuance of Certificate:
According to Section 17 of the Act, if either party gives a notice under section 12 to the Minister and declares under section 18, the Minister is bound to issue a certificate indicating both the notice and declaration. This certificate can be issued after 4 days of receiving the notice under section 12. The minister has to be satisfied upon examination about the lawfulness of the marriage.
Section 3 of the Christian Marriage Act defines Indian Christians as Christian descendants of natives of India. Minister has to confirm this when deciding on the notice given by either party under section 12.
Section 20 gives permission to the persons who are authorized to provide consent under section 19, to forbid any issuance of certificate under section 17 through a written notice addressed to the Minister.
Section 25 states that after the issuance of the certificate under section 17, the Minister is permitted to sanctify the marriage between two willing parties, in the presence of two witnesses. Section 26 states that if the marriage is not sanctified within 60 days of giving the notice, then the certificate becomes null and void.
Conclusion:
Cristian Marriage has some legal points which should have been done by the parties during the marriage. Otherwise the marriage will be void and voidable with the respective matters. Marriage is a universal union so in this regard the rituals or the essentials have to be completed.
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