This article is written by Mr. Ganeev Singh Sahni a BA.LLB 3rd year student of Lloyd Law College, Greater Noida.

 

Introduction:

Earlier, Christians had settled in India making the East India company the ruling power. In addition to this they had also established their own courts. They interested that the supreme court shall be established in India under which the English law would be applicable to the whole of the country. This also included the marriage or divorce laws under the Christian community. On the concepts of equality justice and new conscience. In addition to this, in the English parliament and three x introduced in the Indian legislature for example the Indian Christian Marriage Act 1872. A number of enactments were formulated in this act. Some of them consisted of the Indian Christian Marriage act 1872, Marriage Validity Act 1892, Cochin Christian Civil Marriage Act 1905 and the Indian divorce act 1869. 

 

Reason Behind The Act:

The main reason behind this act was to simplify accepting law a mend defective loss and consolidation of various matters with respect to marriage full stops it also provides measures to record a marriage and also disposal for the same. It also includes fixed rates or fees for the marriage register in case of solemnizing a marriage. The power of the supervision is under the local government. It also includes increase in territories of a state with the alliance of a native princess and a majesty during the British rule. The main preamble of this act is that it can expedient or consolidate any law with respect to the solemnization of Christian marriage and relations. So with respect to the following circumstances, this act was passed.

 

Meaning Of The Act:

Christian is defined under section 3 of the act. A Christian is any person who practices Christian religion.  Respectively, and Indian Christians are those Christians whose descendant are from the nation India or have converted them into Christianity being of Indian nationality. This act is applicable all over India except for Travancore , Cochin and Manipur. Part 1, mentioned under section 4 to section 9 of the act, deals with the valid conditions of marriage under the act. These conditions are enlisted as follows:

1. Parties must be Christian under section 3 of the act.
2. There should be proper solemnization marriage under section 5.  Any person under the marriage is duly authorised to do so.
3. State government shell grant or revoke certain licence in favour of certain person for the solemnization of the act. 

 

The duly purpose of such marriage is the maintenance of register.  The register act as a prove for marriage. Other evidence shall also be proven like the eye witness and the conduct of couple during the marriage. If the marriage is done by the mother of the bride in her house, the signing of the register is not necessary. Such a marriage cannot be dissolved even if one party is a Hindu under section 13 of the Christian Marriage Act. 

 

Under Part 2 of the act mentioned under sections 10-11  the marriage must be solemnized in the church within the time limit of 6:00 a.m. to 7:00 p.m.. the exception to this rule as the licence should be given to the clergy man of the church if the marriage doesn’t satisfy any of the following condition section 69 of the act will be applied and up to 3 years of improvement can also be levied. 

 

Under part 3 of the act which is mentioned under sections 12-26 consist  the notice of intended marriage and publication before the actual marriage ceremony.  Under this one person should give  notice as a form contained in clause 1 to the minister with whom he or she desires to solemnise the marriage. The minimum affix in a conspicuous  part of church. If the marriage is solemnise privately a minimum notice must be given to the marriage register to a fixed the same to a conspicuous place in the office. The solemnization of marriage should not extend within a period of two months if it does the marriage becomes void.  In case of minor it is very essential to have the consent of the father or the guardian in case of marriage. 

 

Under part 4 which is mentioned under section 27-37 under this registered Hindu or Christian marriage must be solemnized under which the English clergymen quarterly returns to archdeaconry

containing all entries of marriage signed by both the parties.

 

Under Part 5 which is mentioned under section 38-59 consists of solemnized marriage register Under which the notes must be given by any of the parties as mentioned under schedule one. A time lapse of 2 months is given but if it is not solemnized a new notice shall be formed.  One soulminized it should be signed by both the parties including to witnesses as recorded in the register.

 

Under part 6 which is mentioned under section 60-65 of the act  deals with marriage with respect to Indian Christian. Under this, there shouldn’t be any preliminary notice but the age of the bride and the bridegroom must not be below 21 and 18 or neither of them are still living under an oath taken. 

 

Under part 7 which is mentioned under section 65-76 deals with false declaration or signing of the certificate. it is punishable under section 193 of the IPC which extends to an imprisonment of 3 years.

 

Under part 8 some miscellaneous functions with respect to a marriage which is solemnized are stated. Under this common any marriage is not void if minor irregularities can be corrected.

 

Divorce:

 divorce is considered under the Indian Divorce Act 1869. It is moulded under section 7 of the English law if one party is Christian. Section 10 of part 3 of the act consist of various grounds of divorce within husband and wife.  These grounds are enlisted as below:

1. Commission of adultery by any of the parties.
2. If any of the parties are caused to be Christian. 
3. If any of the parties are under unsound mind for a period not less than 2 years.
4.  If any of the party is suffering from leprosy for not more than 2 years.
5. If any of the party is suffering from a Venereal disease communication from 2 years or above.
6. If any of the party has filled to comply with the respiration of conjugal rights for two or more years.

 

 Power Of Court:

 The following provision is entitled under section 14 of the act. Under this, if the district court is satisfied by the case proved that no marriage or adultery has been committed  with either of the respondents. But if the same is applicable during the marriage the court is not bound to pronounce such decree. Cases with respect to the following provision is enlisted as follows:

  Nalini v. C.H. Issac AIR 1997 M.P 266, Where it was held that the respondent husband who created the situation resulting in the breakdown of the marriage by developing illicit intimacy with another woman and by deserting the petitioner wife it was held that as the respondent had created such circumstances which compelled the petitioner also to commit adultery, she was entitled to a decree of dissolution of marriage even though she herself was guilty of committing adultery.

 

Barathy v. Anthony Sahaya AIR 1981 Mad. 241, (1981) ILR 3 Mad. 241, it was held that it is the duty of the court to scrutinise the case of the plaintiff and go into evidence both oral and documentary produced before it for the purpose of satisfying itself as to whether the plaintiff has made out a case or not.

 

Divorce By Mutual Consent:

This is invested under section 10A of the act. Under this the district court solemnized any marriage before or after the commitment of the act under which the parties are separated from a time gap of 2 years and are not able to live together and also mutually agree for the dissolution of such marriage. A decision regarding the same should not be made earlier than 6 months. Date extension can be levied upon 8 months if the petition is withdrawn by both the parties. 

 

Adulater or Adulterous Co-responsive:

This provision is enlisted under section 11 of the act. This consists of adulater or adulterous parties until excused by course upon certain grounds. This Grounds are enlisted as follows:

1. His wife is a prostitute and the husband engages in any immoral activity.
2.  The name is unknown to the petitioner even after due efforts to discover.
3. If the adulterer or the adulteress are dead.

 

A case, regarding the same is also given as follows: 

Under the case of Madhusmita Nayak v. Simadri Nayak AIR 1997 Ori. 162, it was held that the object of Section 11 is to prevent any form of collusive divorce. It is not a mere formality to dispense with the presence of the co-respondent.

 

Nullity:

 The following provision is considered under section 18 part 4 of the Indian divorce act. The various Grounds of nullity are described as follows:

1. Impotency of the respondent at the time of marriage.
2.  Both parties have a degree of consanguinity. 
3. If any of the party is a lunatic or an idiot at the time of marriage.
4. If any of the party have a former husband or wife living at the time of marriage and marriage is being done at force.
5. Consent of either of the party by force or fraud.

 

A case, has also been enlisted below on basis of the following grounds:

Under the case of B.D. Cardoza v. Glady B. Cardoza AIR 1997 Bom. 175 under this case, a wife obtained consent by concealing the fact that by operation her fallopian tubes were removed and she was incapable of giving birth to a child the petition for declaration of annulment of marriage was allowed and decree passed.

 

Under the case of P. V Sabu v. Mariakutty AIR 1998 Ker. 86, a wife delivered a child after 203 days of marriage and the child was not premature and the husband had neither access nor knowledge about her pre-marriage pregnancy. Under the following condition, husband is entitled to a declaration of nullity of marriage on ground of fraud.

Conclusion:

Coming to the conclusion, the Indian Christian Marriage Act 1872 is an important act because, it lays various guidelines for the solemnization of Christian marriage. Other than this, it also lays a ground of divorce under the same. As we all know marriage is a very important stage in the life of every individual. It is not only based upon love and affection within the parties but also caring, understanding and cooperating with either of them. So, to protect such cooperation this act was introduced. It also enlists certain legal grounds on which a marriage can be solemnized. So, with reference to all the points as stated above this act is in eye opener for each and every individual governed under the Indian Christian Marriage Act 1872.

References:

1. Indian Christian Marriage Act, 1872.
2. Marriages Validation Act, 1892.
3. Cochin Christian Civil Marriage Act, 1905.
4. Indian Matrimonial Causes (War Marriages) Act, 1948.
5. Marriage Dissolution Act, 1866.
6. Indian Divorce Act, 1869.
7. David Mosse, The Saint In The Banyan Tree: Christianity And Caste Society In India, (University of California Press, Berkeley,CA, 2012)
8. www. Legalserviceindia.com.