What are the formalities in solemnizing Christian marriage?

(a) Ceremonies & Rites

Once the ‘Authorities’ to solemnize Christian Marriages are identified and determined, it is then necessary to clearly lay down the ceremonies, the rites and the formalities to be followed in solemnizing the marriages. So far as the ceremonies or the rights are concerned, if one is interested to have them, then one can adopt those ceremonies and rites as are prescribed by one’s personal law or the church to which one belongs.

In fact, no importance is stressed on ceremonies and/or the rites. As a matter of fact, the marriages can be solemnized before the Marriage Registrar appointed under the Act, without the flavor of the Christian religion. Section 51 in this regard is very clear. It lies down that the marriage can be solemnized by mere declaration of one taking the other as spouse.

(b) Formalities

Turning now to the ‘formalities’ for solemnizing the marriages, it may be noted that (a) Notice (b) Consent (c) Certificates are the necessary formalities.

(i) Notice

If marriage is to be solemnized by the Minister of Religion, it is mandatory (Section 12) upon the bride or the bridegroom to give Notice of intended marriage to him. Such notice is also required to be given (Section 38) if marriage is to be solemnized by the Marriage Registrar or the Senior Marriage Registrar. However, Section 60 in Part V relating to Marriages of Indian Christians lays down that every marriage between Indian Christians applying for a Certificate shall without the preliminary notice under Part III is issued if the following conditions are fulfilled:

1. Age of bride should not be less than 18 years and that of bridegroom should not be less than 21 years.

2. Neither party should have a spouse living.

3. Marriage should have been in the presence of (a) person licensed to solemnize marriage and (b) two credible witnesses AND

4. Bride-bridegroom, each should say to the other that “/ 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 thee_______ to be my lawful wedded wife or husband ” or words to the life effect.

Provisions from Section 12 to Section 26 in Part III and from Section 38 to Section 59 in Part V and from Section 60 to section 75 in Part VI have been set out above and hence, not repeated here.

Section 15 – A copy of Notice has to be sent to the Registrar of Marriages under the Act of the concerned district. If there is more than one such Registrar in the district, then the copy of Notice has to be sent to the Senior Marriage Registrar.

(ii) Consent

The term ‘minor’ is defined in Section 2 inter-alia, stating that a Minor is a person who has not completed the age of twenty one years, whereas Section 60 in Part VI lays down that the bride must not be under the age of 18 years and the bridegroom must not be under the age of twenty one years. It means that a girl of less than 21 years can marry if she is not under 18 years of age. Necessarily, it would be a marriage of ‘Minor’.

In that eventuality, ‘Consent’ is mandatory. Such consent (Section 19) has to be given by father, if not living, by mother and if both not living, by Guardian. Consent can be withheld by person competent to give consent (Section 20) by giving it in ‘Writing’ and ‘prohibiting’ the solemnization of marriage. But it can be done only before the Certificate under Section 17 is issued. Similar provisions are incorporated in Section 44 for marriage to be solemnized by or before the Marriage Registrar.

(iii) Certificate for Receipt of Notice of intended Marriage

As aforesaid, it is mandatory for the “would be” bride or bridegroom to given Notice of intended marriage. Therefore, it is mandatory upon the authority agreeing to solemnize the marriage to give Certificate for having received the Notice of intended marriage. In case, the consent for the minor’s marriage is withheld by father/guardian, on frivolous grounds, the Marriage Registrar, under Section 49, is vested with powers to recover cost by filing Petition. The Form of the Certificate is prescribed (Section 50) in the Second Schedule.

Relevant provisions are already given in the above discussion.

Certificate of marriage

The Act provides for the Certificate of Marriage after the solemnization. Section 61 of the Act lies down that the person licensed shall issue the Certificate of Marriage if an application is made to that effect and the prescribed fee of Four Annas (Twenty Five Paise) is paid. It is needless to record that the Marriage Certificate will have to be signed by the authority issuing it. Section 61 also makes it explicit as to what is implicit that the Marriage Certificate will be the conclusive proof of the marriage and it will be received as evidence in any Suit touching the validity of the marriage.

Compulsory registration of marriage

First of all, it must be noted that the Marriage Registrar appointed under the Act is entirely different and distinct from the Marriage Registrar we commonly understand. The Marriage Registrar we commonly understand is appointed under the Births, Deaths and Marriages Registration Act, 1886 and he is called as the ‘Registrar General’ under that Act.

The marriages, whether, Christian, Hindu, Parsi or Muslim, have to be ultimately registered under the Births, Deaths and Marriages Registration Act, 1886 however, independent of the said Act, the Christian Marriages Act provides for the registration of Christian marriages prior to their registration under the Births, Death and Marriages Registration Act, 1886. It means, there is double registration, one under the Christian Marriages Act and the second under the BD & M Registration Act. The registration of marriage under the BD & M Registration Act has to be completed not by the bride or bridegroom but by the person solemnizing the marriage under the Act. This becomes clear if none examines the provisions of Sections 28, 29, 30 and 31 which lay down that the Clergymen of the Churches of England, Rome, Scotland have to maintain the ‘Marriage Register’ and forward the ‘Returns’ every four months to the Registrar of the local Archdeaconry.

The said Archdeaconry then has to send one copy of the ‘Returns’ to the Registrar General of Births, Deaths and Marriages. However, so far as the bride/bridegroom is/are concerned, the Certificate of Marriage issued by the Pastor of Church is a statutory document and a prima facie evidence of marriage. The person challenging the Certificate has to adduce the strict proof by way of rebuttal evidence.

Section 27 lies down that all marriages under the Act shall be registered. However, Section 27 does not apply to (1) marriages solemnized by or in presence of Marriage Registrar appointed under the Act (Part V) and (2) marriages between Indian Christians applying for a Certificate of Marriage (Part VI). Nonetheless, Section 54 of Part V and Section 62 of Part VI make it mandatory to have the marriages registered even if solemnized under Part V and Part VI respectively. Thus, it will be clear that no matter who has solemnized the marriage but if it is solemnized under the Act but also it has to be got registered under the Births Deaths and Marriages Registration Act, 1886.

The Hon’ble Supreme Court of India did take notice of the fact that under the Christian Marriages Act, it is compulsory to have marriages registered. However, it is not so in other cases. While dealing with a non-registration of a Hindu Marriage, the apex Court held that though registration of marriage itself cannot be a proof of marriage per-se and would not be determinative factor regarding validity of a marriage, yet it has great evidentiary value in family matters. If the record of marriage is kept, to a large extent, the dispute concerning marriage often is avoided. Discretion was given to file a compliance report. Time for 3 months was extended from 25-10-07.”

Time and place of marriage

The Act, under Section 10, provides that marriage must be solemnized during the daytime, between six in the morning and seven in the evening. However, this restriction does not apply to:

1. Clergymen of Church of England

2. Clergymen of Church of Rome

3. Clergymen of Church of Scotland

Thus, it may be clearly noted that Section 10 does not have the universal application inasmuch as it does not apply to Christians owing allegiance to Churches of England, Rome and Scotland.

Section 11 lies down that the marriage of Christians owing allegiance to Church of England has to be solemnized in the Church itself. However, if (i) there is no Church of England in the vicinity of five miles or (ii) the Clergyman of Church of England has received a special license authorizing him to do so, the marriage can be solemnized outside the Church. For¹ granting Permission/License for Solemnizing marriage outside the Church, the Bishop is the competent authority. The Bishop can authorize the Registrar of the Diocese to charge such additional fee as may be fixed by him from time to time.