Christian Marriage – The Legal Angle – Adv. Fr. Johnkutty Pathanapuram

Marriage is a permanent union and inseparable bond between a man and a woman. Marriage is one of the Sacraments. It is the basic institution in society approved and sanctioned by God. The Indian Christian Marriage Act of 1872 consolidates and amends the law relating to the solemnization of the marriages of persons professing the Christian Faith. When one of the partners is a Christian or when both are Christians, the marriage can be solemnized under this law. Under this law five persons are authorized to solemnize a marriage. They are

  1. Persons who have received Episcopal ordination.
  2. Any clergy of the Church of Scotland.
  3. Ministers of Religion licensed under this Act.
  4. Marriage Registrar appointed under this Act.
  5. Any persons licensed under this Act to grant Certificates of marriage between Indian Christians.

 

The man intending to be married shall not be under the age of 21 years and the woman intending to be married shall not be under the age of 18 years.

Registration of Marriages

Prior to 29.12.2008, it was not compulsory for Christian marriages to be registered. The Kerala Registration of Marriages (Common) Rules, 2008 made the Registration of Marriages compulsory. Section 9 of the statutes narrates the procedure and time limit of registration of marriage. The parties to a marriage shall prepare a memorandum in duplicate along with two separate sets of photos and a copy of the certificate of marriage issued by the religious authorities and shall submit to the local Registrar within a period of forty-five days from the date of solemnization of their Marriage.

The offices of the Local Registrar are Panchayat office, Municipality office, Corporation office as the case may be.

The marriage not registered within forty five days from the date of solemnization can be registered by the Local Registrar after imposing a fine of rupees one hundred.

The marriage not registered with in the stipulated period as stated above can be registered by the local Registrar with the permission of the Registrar General concerned on payment of a fine of rupees two hundred and fifty.

The sponsors shall produce certificate in proof of their age. The registration fees is Rs.10/-.

Laws in the Church

Malankara Orthodox Syrian Church does not allow marriages on lent days and on days other than Sunday and Monday. Only in exceptional cases the Church allows marriages on these days with certain restrictions. Those who seek exemption must apply for special permission of H. H. Catholicos with recommendation of parish vicar and diocesan Metropolitan.

According to Huydaya Canon, certain degrees of relations are prohibited from entering into marital relation.

The blood relatives in maternal and paternal line to seventh generation are prohibited from each other. For example entering into marriages

1. Abraham
Brother
2. Haran
3. Issac       4. Mekha
5. Jacob       6. Beruvel
7. Joseph       8. Rabecca

In the example the least possible marriage is between Joseph and Rabecca.

The Godfather and Godmother is treated as same as real father and mother and the same restriction for marriage is applicable in that case also. .