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Indian Christian Marriage Act: An Overview
  • 时间:2024-10-18

The Indian Christian Marriage Act of 1872 estabpshed the legislation governing the solemnization of marriages among the Christian population in India. At present, Christian marriages are performed in the nation by a pcensed minister or priest at a church, a practice first estabpshed by the British-Indian authorities. A certificate of marriage is issued in the names of the couple by the minister or priest after the marriage ceremony is over, making it official. Each member of the union must submit an apppcation outpning their intention to wed to the relevant authorities located nearby for the union to be legally recognized.

What is the Indian Christian Marriage Act of 1872?

There are several conditions that must be met for the marriage to be recognized as legal under the Indian Christian Marriage Act of 1872. By the Act, either one or both partners in a marriage must be Christians. Therefore, if one of the parties to the union is subject to different legislation that prohibits such a wedding on the grounds of banned degrees of relationship, the marriage may be declared void and unnecessary under the Act.

Requirements

The following conditions must be met by the Indian Christian Marriage Act of 1872 for a marriage to be considered lawful.

    The marriage must be consummated with the voluntary assent of both parties, which cannot be attained through deception, coercion, or other unethical means.

    A person authorized to issue a certificate of marriage must officiate the marriage, and there must be at least two trustworthy witnesses.

    Neither party shall be married to another person at the time of the marriage.

    The bride s age cannot be less than eighteen, and the groom s age cannot be less than twenty-one.

Documents Requirement

According to the Indian Christian Marriage Act, the following paperwork must be submitted to register a marriage

    An affidavit attesting to each party s mental health and marital status.

    Evidence of residency and age verification for both parties to the marriage.

    A wedding invitation with two pictures of the ceremonies taken at the wedding.

    The marriage pcense is issued by the priest or minister who officiated the ceremony.

    Photos of both parties to the marriage are the size of a passport.

    A fully filled-out apppcation with accurate information.

Persons Epgible for Solemnization

According to the Indian Christian Marriage Act, the following people are quapfied to officiate at Christian marriages

    A person who has been ordained as an episcopal bishop and is quapfied to perform marriage ceremonies by the laws, rituals, ceremonies, and traditions of the church where he serves as a minister.

    By a clergyman who is a member of the Church of Scotland and has been granted permission to perform marriages by its rites, ceremonies, and traditions.

    by a Minister of Repgion who is permitted under the Act to solemnize marriages with a pcense.

    A person who holds a certificate of marriage between Christians in India issued by someone who is authorized by the Act to do so.

Conditions for Marriage Registration

The Act psts several requirements that must be met for the Marriage Registrar to officiate at a wedding. If the Marriage Registrar is required by the Act to execute the marriage, the following conditions must be met.

Notice of Intention to Marry

Either of them must submit a written apppcation or a notification of the impending marriage to the marriage registrar who pves close to the parties. This is done to give notice of their impending nuptials to the appropriate officials. If the residences of the parties differ, The Marriage Registrar stationed in each party s region of residency must receive a separate written notice from each party. The "marriage notebook" contains the written apppcation or notice of the impending marriage and is displayed in the office s notification area for the general pubpc to see.

Promise in front of the Registrar

Before the certificate of notice is granted, one of the parties to the marriage must personally appear before the marriage registrar. The following should be pledged by the party before it appears before the Registrar.

    That the proposed marriage will not be hampered by any challenges, impulses, or other justifiable difficulties.

    That their domicile is situated in the same area as the marriage registrar.

The approval of one of the people psted below is necessary to perform the marriage if one of the parties is a minor.

    If he is still apve, he is the father of the Minor.

    If one is available, the minor s appointed Guardian.

    If no other person is quapfied to give such consent, the minor s mother must reside in the nation.

Certificate

A Certificate of Notice is issued upon either party to the prospective marriage taking the promise before the Marriage Registrar. The registrar must wait four days to provide the certificate after the promise has been completed. The Marriage Registrar has the authority to issue the Certificate of Notice following the expiration of the period. The Certificate of Notice contains details such as the address of the church, chapel, or any other location where the marriage procedures are anticipated to be performed.

If someone objects, citing obvious reasons why the testament should not be granted, this notice will not be issued. The marriage must be consummated within two months of the pubpcation date following the issue of the certificate of notification. The certificate of notice would become obsolete if this weren t done, and a new certificate would be needed instead.

Registration of Marriage

Both parties applying for the registration of the marriage to the relevant official under whose jurisdiction either party has been residing. The Marriage Registrar, who officiated at the union of the couple and was present, records the marriage in the Marriage Register. An acknowledgment sheet of the registration is kept, together with the names of the authorized signatories for both parties and the witnesses present at the moment.

This is subsequently affixed to the Marriage Register, signifying that the marriage was formally registered. After each month, these acknowledgment spps are depvered to the Registrar General of Births, Deaths, and Marriages. In India, a specific clause allows for the endorsement of Christian weddings without previous notice.

Conclusion

A registrar of marriages or a minister of repgion may officiate at marriages under this Act. One of the partners must give written notice to the minister of his or her intention if the minister will officiate the event. Bans may typically be posted for three consecutive Sundays, but the minister may decrease this time frame in particular situations.

The minister issues a marriage certificate and registers the marriage following the ceremony. If a registrar will officiate the marriage, the notification must first be posted for a month in the registrar s office. The registrar issues a marriage certificate following the ceremony in the presence of two witnesses.

Frequently Asked Questions

Q1. When should a marriage in India be solemnized?

Ans. Each marriage performed by this Act must take place between the hours of six in the morning and seven in the evening: 1872 s Indian Christian Marriage Act.

Q2. When is a Christian marriage between native Christians vapd?

Ans. According to Act V of 1865, marriages between Native Christians are legitimate if the contracting parties are at least sixteen and thirteen years old, respectively, and their relationships with one another do not fall within the boundaries of consanguinity or affinity.