Christian concept of marriage and what are special features of the act

It is said that marriages are made in Heaven and solemnized on Earth. However, before the rise of Jesus Christ and in the early Roman law, the marriage (as well as Divorce) was a private act and therefore, one had the same freedom of dissolving the marriage as one would have it for entering.

The Canon Law (General Law) of marriage was based partly on Roman law and partly on Jewish Law. But with the advent of Christianity, marriage came to be regarded as a sacrament. Christians believe that God (being the author of nature) promulgated the law of marriage.

Their concept of law on marriage is that the marriage is obligatory for human beings (except the Churchmen). It is sacrament, having been ordained by God and it is an indissoluble solemn union for life to prevent fornication (sin) and a safeguard against depopulation.

From the logical point of view, sacrament is based on the faith that it was instituted by Jesus Christ and entrusted to Church for the purpose of contributing to the manifestation of canonical book of Old Testament (ecclesiastic – ek kle zi astic). Since the Church of Rome was the supreme ecclesiastical authority in England, the ecclesiastical Court (a court which is not a civil or secular court) applied canon law (Law based on Holy Scripture). As such, the Marriage Law, for Christians, was enforced by ecclesiastical Court – Court imparting justice based on Holy Scripture.

The ecclesiastical Court, in its turn, took the view that the marriage, though in its formation, was a contract, in its consequence; it was a sacrament as ordained by God, With the Reform, the marriage came to be regarded as a Civil Contract, a dissoluble union in contra-distinction to sacrament, an indissoluble union for life.

The jurisdiction exercised by the ecclesiastical Court in England was exercised, in India, by the Supreme Court at Bombay till 1861. Then it (jurisdiction) came to be transferred to respective High Courts and, later on, the Indian Christian Marriage Act of 1872 was passed which holds the field till today.

The Act is outdated inasmuch as the Act was enacted in 1872 during the English Raj. It, therefore, refers to (1) Christians, Native Christians (Section 37) and (2) Indian Christians (Section 60). Section 81 still requires the Registrar General of the Births, Deaths and Marriage to transmit the evidence to England, every quarterly. Section 85 requires the State Government to declare the ‘Deemed District Judge’. Section 87 in its turn saves the marriages performed by any Minister, Consular Agent. Be it as it is.

The Act does not prescribe ceremonies to be performed in solemnizing the marriage. The Clergymen or the authorised persons solemnizing the marriage are left free to adopt the ceremonies prescribed by the Church to which the bride/bridegroom belongs.

If the couple belongs to Church of England, ceremonies of that church or if one belongs to Church of Rome, the ceremonies of that church and if one belongs to Church of Scotland, then the ceremonies of that church are to be undertaken. From the provisions of Section 10 and Section 73 of the Act this will be amply clear. Where, however, the marriages are not solemnized as per the rules of the Church, then (Section 51), no formalities or rites are required to be followed. Mere declaration of one taking the other as spouse is sufficient.

Section 88 refers to ‘Personal Law’ although nowhere it is clarified or defined in the Act. However, the expression ‘Personal Law’ has a well defined meaning in the modern matrimonial law. Therefore, it indicates that the personal law in respect of marriage will govern the Christians and no special law is enacted for them different and distinct from their personal law.

In order to effect complete control on the Christian marriages, the Act only

i. Enumerates the authorities that can solemnize the marriage.

ii. Prescribes Procedure (rather than Law) to be adopted in solemnizing the marriage.

iii. Makes it mandatory to register the Marriages.

iv. Makes it mandatory to forward the particulars of marriages to the Registrar General for maintaining a complete record of marriages solemnized in India.