This article has been written by Manshi Raj, BBA – LL.B 3rd Year Student of Usha Martin University, Ranchi, Jharkhand during her internship at LeDroit India .
Keywords :
Christian marriage, Indian Christian Marriage Act, sacrament, divorce, judicial precedents, solemnization.
Abstract :
Christian marriage is a religious and legal institution under Christian law, which is regulated by religious and statutory laws. The Indian Christian Marriage Act, 1872, governs the solemnization of Christian marriages in India, making them legally valid and in accordance with Christian teachings. Christian marriage is a sacrament, which focuses on lifelong commitment, fidelity, and spiritual union. Yet, legal features such as nullity, divorce, and maintenance under the Divorce Act, 1869, also find a considerable place in characterizing Christian matrimonial laws. This article discusses the inherent requirements, procedural formalities, and judicial insights into Christian marriage while examining landmark judgments and recent legal trends.
Introduction to Christian Marriage :
Christian marriage is both a legal and religious union, representing a solemn covenant between two persons in the presence of God. Unlike civil contracts, Christian marriages stress the moral and religious aspects of wedded life. Christian marriages in India are regulated by the Indian Christian Marriage Act, 1872, and issues regarding its dissolution are covered under the Divorce Act, 1869.
Different Perspectives :
1) Catholic Perspective on Christian Marriage :
Christian marriage is considered to be a sacrament, a free covenant between a baptized woman and man, entered into freely in Christ. It seeks to give mutual support and love and to procreate and bring up children.
Definition and Purpose :
Sacramental Union: Christian marriage is a sacrament, an agreement between a baptized man and woman, willingly entered into in Christ. It is a union that mirrors Christ’s love for His Church.
Purpose: The main aims of marriage are love between spouses and receptivity to new life, i.e., procreation and upbringing of children.
Key Principles :
- Indissolubility : The teaching of the Catholic Church is that a sacramental, valid marriage is indissoluble, and no power of man is able to annul it. This is because Jesus taught that what God united should not be put asunder by man as recorded in the New Testament.
- Fidelity and Unity : Marriage is typified by fidelity, indissolubility, and fertility. Polygamy is irreconcilable with this unity, and divorce is regarded as dividing what God has united.
- Sacramental Graces : Marriage between baptised individuals is raised by Christ to the status of a sacrament, enabling couples to share sacramental graces to experience their commitment.
Practices and Expectations :
- Preparation and Rite : There is vast preparation for marriage for couples, and the rite includes the presence of a priest as witness to the sacrament. The people are greatly involved in celebrating the union.
- Procreation and Family : The Church teaches highly about having children and bringing them up in the faith, the divine plan of God for marriage.
- Faithfulness and Loyalty : Christian marriages prioritize fidelity, mutual support, and lifelong commitment, reflecting Christ’s faithful love to the Church.
Community Involvement :
- Living Sign of God’s Love : Married couples are considered a living sign of God’s love for all people, a reflection of Christ’s love for the Church. Their love and commitment witness to the working of the Holy Spirit.
- Community Celebration : A Catholic wedding is a celebration by the whole Christian community, not a private family affair.
2) Biblical Perspective on Christian Marriage :
Marriage is viewed as a God-ordained institution, representing the union of Christ and His Church. It is a covenant between one man and one woman, with an emphasis on mutual commitment and faithfulness.
Origin and Purpose :
The creation of marriage, the wedding between a man and woman as a permanent and monogamous bond, is symbolized by Adam and Eve in Genesis 2:18-25. This bond aims to reflect the relational character of God and the unity of the Godhead.
Purpose: Marriage is a union for support, companionship, and procreation. It is symbolic of God’s love for mankind as an analogue of the relationship between Christ and the Church.
Key Principles :
• Lifelong Covenant: Jesus reminded us of the creation plan of marriage as a lifelong covenant, that those whom God has joined together must not be put asunder by man (Matthew 19:4-6: Mark 10:6-9).
• Mutual Submission: The Bible teaches mutual submission, whereby husbands are to love their wives as Christ loved the Church and wives are to respect their husbands (Ephesians 5:21-33).
• Equality and Unity: Marriage is an equal union in value and status before God; that means there is unity and equality in Christ (Galatians 3:28).
Practices and Expectations :
• Faithfulness and Loyalty: Then Christian marriages will concentrate on fidelity to, support for, and commitment to each other for life – reflecting Christ’s lifelong faithfulness to the Church.
• Community Involvement: Marriage is not a private affair, nor a personal affair; it gives the community a stake, for it is an invitation into an expression of God’s love for humanity.
Symbolism and Ministry :
• The union of Christ and the Church Items: Marriage creates an analogically powerful symbolism between the relation of Christ and the Church, proving God’s ever-faithful unrelenting love.
• Each other is a ministry: Each partner is called to minister to each other and society alike, sharing in the love and compassion of God.
Legal Framework Governing Christian Marriages in India
1. The Indian Christian Marriage Act, 1872 :
Some of the key provisions of the Christian Marriage Act, 1872 are as follows:
• Section 4 – The marriage ceremony shall be celebrated by a religious minister or any other person licensed in this behalf.
• Section 5 – For a marriage to be valid in the eyes of the Act, both Persons must be Christian.
• Section 10 – Weddings should ordinarily be conducted from 6.00 a.m. to 7.00 p.m., except otherwise permitted.
• Section 18 – A marriage would be recognized only if conducted under the auspices of a church, chapel, or other place of marriage.
2. Conditions for a Valid Christian Marriage :
A Christian marriage shall be legally valid once certain formalities are observed:
That of mutual consent, full free and voluntary agreement by the parties concerned; that of legal age; i.e., 21 years old for a male and 18 years for a female; two witnesses must observe the ceremony; registration of the marriage with the relevant authority.
3. Marriage Solemnization and Registration :
An Indian Christian marriage can be solemnised in two ways:
Church Ceremonies conducted by a priest or a religious minister. The other can be a marriage conducted by a licensed official under the Indian christian marriage act.
Dissolution of Christian Marriages
1) Divorce under the Indian Christian Divorce Act, 1869
The Indian Divorce Act of 1869 regulates annulment of marriages of Christians in India and admits of the following grounds for divorce:
adultery (Section 10(1)(i)), desertion for a term of two or more years (Section 10(1)(a)), cruelty (Section 10(1)(b)), conversion into a different religion other than one’s own (Section 10(1)(ii)), insanity or mental illness (Section 10(1)(iii)).
2) Judicial Separation and Nullity of Marriage
• Judicial Separation: section 22 : the husband and wife may retain themselves apart, but the marriage is not dissolved.
• Nullity Marriage, that is Section 18 & 19: A marriage is conducted through either fraud or coercion, or one of the parties was already( a) married.
3) Mutual Consent Divorce in India
A mutual consent divorce is an Indian court procedure where the two spouses mutually agree to dissolve their marriage. Compared to contested divorces, this is much quicker and less confrontational. This is a detailed explanation of mutual consent divorce procedure in India:
Eligibility Criteria :-
• Separation Period: One year of living separately or more prior to moving the petition.
• Mutual Agreement: Both the spouses should agree on termination of marriage together with child custody, alimony, and division of property.
Procedure :-
A. Preparation and Filing of the Petition-:
• The couple prepares a joint petition for divorce along with a settlement agreement regarding child custody, alimony, and division of property.
• The petition is filed in the Family Court where the marriage was celebrated, where the couple last lived together, or where either of the spouses is residing.
B. Appearance Before the Court (First Motion)-:
• Both partners appear before the court and reconfirm the agreement and make statements. The court will attempt to reconcile, but most likely it will proceed, in case of irretrievable dissolution.
C. Cooling Off Period-:
• Now, there shall be a mandatory six-month to an 18-month ccoooling-off period before the second motion can be made. Nonetheless, some special circumstances also allow courts to waive this.
D. Second Motion and Final Hearing-:
• After the cooling-off period, the second motion is heard before the couple back to the court once again. When both husband and wife are still agreeing to their divorce, they put their words on record in front of the court, and a decree of divorce is granted.
Documents Required :-
· A Marriage Certificate (if already registered);
· Proof of Identity and Residence for both partners;
· Documenting Separation (Affidavit, Rent Receipts);
· Wedding Photographs and/or the Marriage Invitation Card;
· Tax Returns for last 3 years;
· Statement of Assets and Properties;
· Settlement Deed regarding arrangements for child custody, maintenance, and sharing of property.
Advantages:
Quick, less expensive, and less bureaucratic: It usually takes less time and costs less than a contested divorce.
Far Less Stressful: The entire procedure is also non-adversarial, helping the couple separate amicably.
Legal Framework:
In India, a mutual consent divorce is mentored/guided by personal laws like the Hindu Marriage Act, Section 13B; the Special Marriage Act of 1954; and the Indian Divorce Act of 1869 for Christians.
Landmark Cases on Christian Marriage and Divorce
1) Jordan Diengdeh v. S.S. Chopra (1985) :
The Supreme Court stresses the need for common civil laws on marriage and divorce across religions so as to overcome personal law discrimination.
2) Ammini E.J. v. Union of India (1995) :
The Kerala High Court said Christian women must have the same divorce rights under the Indian Divorce Act.
3) Jorden Moriss v. Nancy Moriss (2015) :
The Supreme comes and reiterates that marriages of Christians must be governed under a modern and uniform legal code, granting equal rights to men and women.
4) Lakshmi Sanyal v. Sachit Kumar Dhar (1972)
The case involved marriage between two parties who had converted to Christianity before the marriage. The appellant has claimed that marriage is void because of coercion and fraud practised on him or her pertaining the process of conversion. But the court ruled that the marriage was valid because the same has been conducted under the Christian laws, and both were in love.
Legal Implication: The court emphasized the importance of customary laws taking precedence over statutory provisions in determining the validity of marriages. It further observed that dispensations may validate marriages which otherwise would have been invalid as within prohibited degrees of consanguinity according to the Canon Law.
5) V.H. Lopez vs R.J. Lopez (1885)
It held that marriages can only be forbidden where the customary law of the church to which the parties belong forbids them. When a dispensation is granted, the parties are competent to wed.
Legal Significance: It reestablished the position of customary law in Christian marriage and the necessity of seeking dispensations to marry within prohibited degrees.
6) Saumya Ann Thomas v. The Union of India (2010)
The Kerala High Court found fault with the separation period of two years provided for by the Indian Divorce Act, 1869, for a divorce by mutual consent; ruled that such a period must be pegged at one year for consistency with other marriage Acts.
Legal Significance: Though not strictly a case of Christian marriage, it took the initiative to influence the general legal framework for divorce within the Christian community by basically questioning the period of separation to be observed under mutual consent for divorce.
7) Mrs. Rose Simpson vs Binimoy Biswas (1979)
A case wherein a Christian woman sought divorce on grounds not specifically mentioned under the Indian Divorce Act led to the consideration of disparity in grounds for seeking divorce between Christian spouses, adding to the complexity of the appeal. This case provided legal significance to the demand of reform in the law to give equal divorce rights to Christian wives and husbands.
Interfaith Marriages Involving Christians
In the case of interfaith Christian marriage, special considerations would have to be paid. However, the Special Marriage Act permits interfaith marriages irrespective of conversion. The case of a Christian marrying a non-Christian under the Indian Christian Marriage Act would require conversion of the non-Christian to Christianity.
Rights and Responsibilities in Christian Marriages
1. Spousal Rights:
· Right to companionship of each other;
· Right to divorce or judicial separation in cases of matrimonial differences;
· Right to maintenance/economic security;
2. Duties of Marriage:
· Mutual respect and fidelity;
· Financial and emotional support;
· Parenting and family responsibility.
Recent Developments in Christian Matrimonial Laws
Some of the key developments in Christian matrimonial laws are:
The Personals Laws (Amendment) Act of 2019 removed gender-discriminatory provisions from the divorce laws and granted equal rights to Christian women during divorce proceedings. The Courts have emphasized mediation and compromise in matrimonial disputes before they allow a divorce.
Conclusion :
This is an interface of Christian marriage in India, as a sacrament, a legal institution, governed by the Indian Christian Marriage Act, 1872; along with the Divorce Act, 1869. The religious aspect backs the ideas of lifelong commitment and faithfulness, while the legal provisions ascertain that the marriage is a just and equitable contract. With innovations in judicial interpretation and amendments, Christian matrimonial laws edge towards conforming to principles of gender equality and justice. Future reforms can streamline and make divorce easier, even more consistent with custody laws. Knowledge regarding the intersection of religious practice and legal systems assures that Christian marriages are religiously fulfilling and legally binding.
