Christian Personal Laws

CHRISTIAN PERSONAL LAWS

By:RASHMI DUBEY

FACULTY OF LAW

WHO IS A CHRISTIAN :-

Meaning and Definition:- A Christian is one, who professes the religion of Jesus

Christ.

Section 3 of the Indian Christian Act, 1872 defines the term ‘Christian’ as “a person

professing Christian Religion”. Under the Act, Indian Christians include native

converts to Christianity and under their Christian descendants.

A child born to Christian parents is a Christian.

Generally, a person who is baptized is a Christian.

A person, who professes to be a Christian is a Christian, even though he has not

been baptized.(K LB David v/s. Nilmoni, AIR 1953).

CHRISTIAN LAW - INTRODUCTION

According to Christian Law, marriage is a permanent and sacrament union of one man and

one woman. The Indian Christian Marriage Act was passed in 1872 to regulate marriage

among Christians. It contains 88 Sections and three Schedules. Under the Act, marriage can

be solemnized / performed between two Indian Christians and Non- Christians.

CONDITIONS / ESSENTIALS OF A CHRISTIAN

MARRIAGE : 1. Religion : In fact, this Act is intended to explain the provisions relating to Christian

Marriages. Section 4 of this Act lays down that one of the intended spouses must be a

Christian. If both of them are Christian, it is welcomed. If both the parties are not Christians,

the provisions of this Act do not apply and their marriage cannot be performed under this Act.

The person may profess any sect of Christianity i.e., Roman Catholic or any other sect of

Christianity.

THE CHRISTIAN MARRIAGE ACT, 1872

2. Age : The age of the bridegroom shall not be under twenty-one years, and the age

of the bride shall not be under eighteen years . Section 60(1)

There is a restriction on minimum ag, i.e., 21 and 18 years respectively for

bridegroom and bride. However, there is no restriction on maximum, and the age

difference between the spouses. A bridegroom may have 30 years and a bride may

have 40 years.

3. Shall not spouse living : Neither of the person intending to be married shall have a

wife or husband living. Section 60(2)

4. Marriage should be performed by licensed persons: The marriage under this Act

becomes valid, only when it is performed by the licensed person/authority under this

Act. Section 60(3)

CONDITIONS / ESSENTIALS OF A CHRISTIAN MARRIAGE :

Section 5 lays down the provisions about “Persons by whom marriages may be

solemnized.” According to this Section , the following persons are the authorized

persons/authority to perform the Christian Marriages :

a) Any person who has received Episcopal ordination, provided that the marriage be

solemnized according to the Rules, Rites, Ceremonies and Customs of the Church

of which he is a minister;

b) Any clergyman of the Church of Scotland, provided such marriage be solemnized

according to the Rules, Rites, Ceremonies and Customs of the Church of

Scotland;

c) Any Minister of Religion licensed under this Act to solemnize marriages;


d) A Marriage Registrar appointed under this Act;

e) Any person licensed under this Act to grant certificate of marriage between Indian

Christians.

5. Witnesses : There must be atleast two credible witnesses other than the licensed

person, and should witness the marriage ceremony. Section 60(3)

6. Solemnization : Each of the parties to the marriage shall say to the other : ‘I call

upon these persons here present to witness that I, ‘A’ in the presence of Almighty God,

and in the name of our Lord Jesus Christ, do take thee, ‘B’ to be my lawful wedded

wife or Husband’ or words to the like effect. Section 60 (3)


7. Time for solemnization of marriage : Every marriage under this Act shall be

solemnized between the hours of six in the morning and seven in the evening.(Section

10)

8. Place for solemnization marriage : As a general rule, the marriage should be

solemnized in the Church. If there is no church within five miles distance by the

shortest road from the propose marriage place, or an application received specifying

any special reasons to solemnize the marriage, the marriage officer/authority may

solemnize such marriage recording the reasons for it. (Section 11)

9. Notice of intended marriage : One of the person intending marriage shall give

notice in writing, according to the form contained in the First Schedule of the

Act to the concerned marriage, and shall state therein :


a) The name, and surname, and the profession or condition, of each of the person

intending marriage;

b) The dwelling-place of each of them;

c) The time during which each has dwelt there;

d) The Church or private dwelling in which the marriage is to be solemnized.

(Section 12)

10. Certificate of Marriage : The Marriage officer/authority shall issue Certificate of

Marriage in the form contained in the Second Schedule to this Act. This certificate is a

conclusive evidence of the marriage.(Section 61)


The Indian Divorce Act, 1869, which has been substantially amended in 2001,

Sec.10 provides for divorce on the following grounds:

Grounds for dissolution of marriage-(l) Any marriage solemnized, whether before

or after the commencement of the Indian Divorce(Amendment) Act, 2001, may, on

a petition presented to the District Court either by the husband or the wife, be

dissolved on the ground that since the solemnization of the marriage, the respondent

has –

i. committed adultery; or

ii. has ceased to be Christian by conversion to another religion; or

MATRIMONIAL REMEDIES –CHRISTIAN LAWS

iii. has been incurably of unsound mind for a continuous period of not less than two

years immediately preceding the presentation of the petition; or

iv. has, for a period of not less than two years immediately preceding the presentation

of the petition, been suffering from a virulent and incurable for of leprosy; or

v. has, for a period of not less that two years immediately preceding

the presentation of the petition, been suffering from venereal

disease in a communicable form; or

vi. has not been heard of as being alive for a period of seven years or

more by those persons who would naturally have heard of the

respondent if the respondent had been alive; or


vii. has willfully refused to consummate the marriage and the marriage has not

therefore been consummated; or

viii. has failed to comply with a decree for restitution of conjugal rights for a period of

two years or upwards after the passing of the decree against the respondent; or

ix. has deserted the petitioner for at least two years immediately preceding the

presentation of the petition; or

x. has treated the petitioner with such cruelty as to cause a reasonable apprehension in

the mind of the petitioner that it would be harmful or injurious for the petitioner to live

with the respondent.


Divorce by mutual consent has also been introduced by inserting a new Sec.10A. In

Indian Divorce Amendment Act (Act 51 of 2001)

Under Sec. 22 of the Indian Divorce Act, 1869, a husband or wife may obtain a

decree for judicial separation on the ground of adultery or cruelty or desertion for

two years or upwards.

MUTUAL CONSENT DIVORCE & JUDICIAL SEPARATION

Numerous differences are their in respects rights of people of different religion.

Article 15 protects the rights of every citizen irrespective of religion.

The Uniform Civil Code is the way to curb this inequality.

The Uniform Civil Code will practically prove India as a secular state.

It is a need of this hour to let Uniform Civil Code take birth in Indian Laws.

CONCLUSION

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