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The
Indian Christian Marriage Act was passed to reduce into a
smaller compass the two English Acts of Parliament and the three
Acts of the Indian Legislature. This Act applies to the solemnization
of marriages in India of persons professing the Christian religion.
Indian Christians include the descendants of the natives of India
converted to Christianity as well as converts. The Act comprehensively
sets forth the persons by whom marriages may be solemnized, the
procedure relating to registration of marriages, issue of certificates,
time and place of marriage, etc.
Who may solemnize marriages: Marriages under
this act may be solemnized by:
- a
person who has received Episcopal ordination, provided the marriage
is solemnized according to the rules, rites, ceremonies and
customs of the Church of which he is Minister,
- any
Clergyman of the Church of Scotland, provided the marriage is
solemnized according to the rules, rites, ceremonies and customs
of the Church of Scotland,
- any
Minister of Religion licensed under this Act, 4) by or in the
presence of Marriage Registrar appointed under this act,
- any
person licensed under this Act to grant certificates of marriage
between Indian Christians.
Any
marriage between persons, one or both of whom is or re Christian/s
should be solemnized in the above manner and any marriage between
Indian Christians solemnized in any other manner would be void
under this Act.
Time
and Place at which marriage may be solemnized:
Section
10 of the Act prescribes the time at which a marriage under this
act may be solemnized as between six in the morning and seven
in the evening, while Section 11 prescribes the Church as the
place for solemnization of marriages under this Act. However the
Act also provides for dispensation of these requirements in certain
cases.
Conditions
for the grant of certificate of marriage:
Any
person licensed under this Act to grant certificate may without
notice to the Minister of Religion, certify the marriage if the
following conditions are fulfilled:
- the
age of the man intending to be married should not be under 21
years and the age of the woman intending to be married should
not be under 18 years,
- neither
of the persons intending to be married should have a wife/husband
still living,
- the
persons intending to be married should say to the other the
following words:
"I
call upon these persons here present to witness that, I, …., in
the presence of Almighty God and in the name of our Lord Jesus
Christ, do take the, ….., to be my lawfully wedded wife/husband"
or words to this effect, in the presence of a person licensed
under this Act and of at least two credible witnesses.
On
the application of either parties to such marriage, on satisfaction
of the above conditions and on the payment of a fee of four annas,
the person licensed shall grant a certificate of marriage.
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