Forum for Christian Marriage Act 1872 Amendment

21/10/2021

15/10/2021

The Indian Christian Marriage Act, 1872, says that all Christian marriages will be solemnized under its provisions. In addition to that, by the virtue of Sec. 4, it states that, apart from Christian-Christian marriages, the marriage of a Christian with a non-Christian can also be solemnized under this Act.

The over-all conditions are the same as for the other marriages, i.e. the marriage should take place with the free consent of both the parties, bride and bridegroom should be of 18 and 21 years respectively, and neither party can have a spouse living.

Apart from this, the following procedure is to be followed if marriage is performed under this Act:

Notice of intended marriage
If both, bride and groom, reside in the same area, either party will have to notify the Minister of Religion of their intention to marry by the way of a notice. If both the parties reside in different areas, each party has to make a separate notice in writing to the Marriage Registrar located within their areas of residence.

The notice has certain important details like-

If any of the party is minor: The father, if living, of the minor, or, if the father is dead, the guardian of the minor, and, in case there is no such guardian, then the mother of the minor, may give consent to the minor’s marriage, and such consent is hereby required for the same marriage, unless no person authorized to give such consent be resident in India.
The Minister then issues a certificate in fulfilment of the notice to solemnize the marriage.

𝙋𝙚𝙧𝙨𝙤𝙣𝙨 𝙖𝙪𝙩𝙝𝙤𝙧𝙞𝙯𝙚𝙙 𝙩𝙤 𝙨𝙤𝙡𝙚𝙢𝙣𝙞𝙯𝙚:
According to Sec. 5 of the Indian Christian Marriage Act, 1872, the following people are competent to solemnize a marriage.
Marriages solemnized by anyone other than these individuals will stand void-
1)A Clergyman of the Church of Scotland, as long as that such marriage be solemnized according to the register marriage rules, rites, customs, and ceremonies of the Church of Scotland,
2) A Minister of Religion licensed under this Act to solemnize marriages,
3) In the presence of, a Marriage Registrar appointed under this Act or by him.
4) An individual licensed under this Act to grant certificates of marriage between Indian Christians.

𝗣𝗲𝗿𝗳𝗼𝗿𝗺𝗮𝗻𝗰𝗲 𝗼𝗳 𝗺𝗮𝗿𝗿𝗶𝗮𝗴𝗲:

A Christian Marriage is performed between parties to the marriage according to the rituals that are regarded as proper and essential as per a Minister or Priest performing the marriage. The marriage rituals require the presence of two witnesses apart from the minister or the priest performing the marriage.

If a marriage doesn’t get performed within two months after the issuance of the certificate of notice, such a marriage cannot be performed after the lapse of the two months, and then a fresh certificate of notice has to be applied for to solemnize the marriage.

𝙈𝙖𝙧𝙧𝙞𝙖𝙜𝙚 𝙍𝙚𝙜𝙞𝙨𝙩𝙧𝙖𝙩𝙞𝙤𝙣:
The Indian Christian Marriage Act, 1872, under Part IV deals with the marriage registration performed under this Act. The parties are required to make an application for the marriage registration to the concerned authority in whose Jurisdiction either of the party has been residing. The Marriage Register is where the Registrar, who is present and performs the marriage of the couple, registers the marriage.
An acknowledgement slip of the registration is signed by both the parties to the marriage along with their witnesses and this is attached to the register as proof that the marriage was registered. These acknowledgement slips are sent out at the end of the month to the Registrar General of Births, Deaths, and Marriages.

𝐼𝓃𝒹𝒾𝒶𝓃 𝒞𝒽𝓇𝒾𝓈𝓉𝒾𝒶𝓃 𝓂𝒶𝓇𝓇𝒾𝒶𝑔𝑒𝓈 𝓂𝒶𝓎 𝒶𝓁𝓈𝑜 𝒷𝑒 𝑒𝓃𝒹𝑜𝓇𝓈𝑒𝒹 𝓊𝓃𝒹𝑒𝓇 𝒶 𝓈𝓅𝑒𝒸𝒾𝒶𝓁 𝓅𝓇𝑜𝓋𝒾𝓈𝒾𝑜𝓃 𝓌𝒾𝓉𝒽𝑜𝓊𝓉 𝓅𝓇𝒾𝑜𝓇 𝓃𝑜𝓉𝒾𝒸𝑒

𝗗𝗼𝗰𝘂𝗺𝗲𝗻𝘁𝘀 𝗥𝗲𝗾𝘂𝗶𝗿𝗲𝗱:
The complete Application Form
Passport Size Photographs
The Marriage Certificate document issued by the Minister of Priest who performed the marriage
Proof of Residence and Age of the Parties
An Affidavit certifying the mental and marital status of both parties.

𝓦𝓱𝓲𝓵𝓮 𝓪𝓵𝓵 𝓸𝓯 𝓽𝓱𝓮 𝓪𝓫𝓸𝓿𝓮 𝓶𝓪𝔂 𝓼𝓮𝓮𝓶 𝓰𝓸𝓸𝓭, 𝓲𝓷 𝓼𝓸𝓶𝓮 𝓬𝓪𝓼𝓮𝓼 𝓯𝓻𝓪𝓾𝓭 𝓶𝓪𝓻𝓻𝓲𝓪𝓰𝓮𝓼 𝓪𝓻𝓮 𝓼𝓸𝓵𝓮𝓶𝓷𝓲𝔃𝓮𝓭 𝓫𝔂 𝓽𝓱𝓮 𝓹𝓪𝓼𝓽𝓸𝓻𝓼 𝔀𝓲𝓽𝓱 𝓽𝓱𝓮 𝔀𝓮𝓪𝓴 𝓼𝓮𝓬𝓽𝓲𝓸𝓷 𝓲.𝓮. 𝓹𝓪𝓼𝓽𝓸𝓻 𝓬𝓪𝓷 𝓶𝓪𝓻𝓻𝔂 𝔀𝓲𝓽𝓱𝓸𝓾𝓽 𝓰𝓲𝓿𝓲𝓷𝓰 𝓷𝓸𝓽𝓲𝓬𝓮
𝓗𝓮𝓻𝓮 𝓶𝔂 𝓺𝓾𝓮𝓼𝓽𝓲𝓸𝓷 𝔀𝓱𝓪𝓽 𝓲𝓼 𝓽𝓱𝓪𝓽 𝓼𝓮𝓬𝓽𝓲𝓸𝓷

13/10/2021

What is the register marriage procedure of Christian Marriages in India?
Although the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 are the two main legislation governing the process of solemnization and registration of marriage in India, there is certain other legislation enacted to oversee the process of marriage solemnization and marriage registration between certain minority religions that are present in India.

For instance, the Christians and the Parsi community –

These minority religions are not covered under either of the two primary legislation but are given equal treatment and hence it was very essential for the Indian legislature to frame laws in this regard.

All Christian marriages in India are governed by the Indian Christian Marriage Act, 1872, which provides for the solemnization of marriage either by a minister or by a priest of the church.

𝓐𝓼 𝓹𝓮𝓻 𝓽𝓱𝓮 𝓐𝓫𝓸𝓿𝓮 𝓢𝓬𝓻𝓲𝓹𝓽 𝓘𝓷𝓭𝓲𝓪𝓷 𝓒𝓱𝓻𝓲𝓼𝓽𝓲𝓪𝓷 𝓜𝓪𝓻𝓻𝓲𝓪𝓰𝓮𝓼 𝓪𝓻𝓮 𝓷𝓸𝓽 𝓬𝓪𝓶𝓮 𝓾𝓷𝓭𝓮𝓻 𝓢𝓹𝓮𝓬𝓲𝓪𝓵 𝓜𝓪𝓻𝓻𝓲𝓪𝓰𝓮 𝓐𝓬𝓽 1954, 𝓲𝓽 𝓱𝓪𝓿𝓮 𝓲𝓽𝓼 𝓸𝔀𝓷 𝓹𝓻𝓲𝓿𝓲𝓵𝓮𝓰𝓮𝓼. 𝓐𝓽 𝓽𝓱𝓲𝓼 𝓽𝓲𝓶𝓮 𝓷𝓸 𝓖𝓸𝓿𝓽 𝓞𝓯𝓯𝓲𝓬𝓲𝓪𝓵 𝓼𝓱𝓸𝔀𝓲𝓷𝓰 𝓲𝓷𝓽𝓮𝓻𝓮𝓼𝓽 𝓽𝓸 𝓲𝓶𝓹𝓵𝓮𝓶𝓮𝓷𝓽 𝓽𝓱𝓮 𝓪𝓬𝓽 𝓬𝓸𝓻𝓻𝓮𝓬𝓽𝓵𝔂 𝓸𝓻 𝓽𝓻𝔂𝓲𝓷𝓰 𝓽𝓸 𝓪𝓶𝓮𝓷𝓭 𝓽𝓱𝓮 𝓪𝓬𝓽 𝓽𝓲𝓶𝓮 𝓽𝓸 𝓽𝓲𝓶𝓮. 𝓑𝓮𝓬𝓪𝓾𝓼𝓮 𝓸𝓯 𝓽𝓱𝓲𝓼 𝓼𝓸𝓶𝓮 𝓜𝓪𝓻𝓻𝓲𝓪𝓰𝓮 𝓡𝓮𝓰𝓲𝓼𝓽𝓻𝓪𝓻𝓼 𝔀𝓱𝓸 𝓰𝓮𝓽 𝓹𝓮𝓻𝓶𝓲𝓼𝓼𝓲𝓸𝓷 𝓽𝓸 𝓼𝓸𝓵𝓮𝓶𝓷𝓲𝔃𝓮 𝓽𝓱𝓮 𝓶𝓪𝓻𝓻𝓲𝓪𝓰𝓮 𝓪𝓻𝓮 𝓶𝓪𝓴𝓲𝓷𝓰 𝓸𝓿𝓮𝓻𝓼𝓲𝓰𝓱𝓽𝓼 𝓸𝓯 𝓽𝓱𝓮 𝓪𝓬𝓽

12/10/2021

THE INDIAN CHRISTIAN MARRIAGE ACT, 1872
ACT NO. 15 OF 1872.

Section 6: Grant and revocation of licenses to solemnize marriages.— The State Government, so far as regards the territories under its administration may by notification in the Official Gazette grant licenses to Ministers of Religion to solemnize marriages within such territories and may, by a like notification revoke such licenses.

Section 9: Licensing of persons to grant certificates of marriage between Indian Christians.—The State Government may grant a license to any Christian, either by name or as holding any office for the time being, authorizing him to grant certificates of marriage between Indian Christians.

𝓐𝓼 𝓹𝓮𝓻 𝓽𝓱𝓮 𝓐𝓫𝓸𝓿𝓮 𝓢𝓮𝓬𝓽𝓲𝓸𝓷𝓼 𝓸𝓯 𝓽𝓱𝓮 𝓘𝓷𝓭𝓲𝓪𝓷 𝓒𝓱𝓻𝓲𝓼𝓽𝓲𝓪𝓷 𝓜𝓪𝓻𝓻𝓲𝓪𝓰𝓮 𝓐𝓬𝓽 1872 𝓵𝓸𝓬𝓪𝓵 𝓟𝓪𝓼𝓽𝓸𝓻𝓼 𝓪𝓻𝓮 𝓰𝓮𝓽𝓽𝓲𝓷𝓰 𝓜𝓪𝓻𝓻𝓲𝓪𝓰𝓮 𝓛𝓲𝓬𝓮𝓷𝓬𝓮