What is a valid marriage for Christian?

(a) Introductory

The Act lays down several conditions for solemnization of marriage. If the conditions were fulfilled, the marriage would be valid and if not fulfilled, the marriage would be falling outside the purview of this Act. For a valid legal marriage, the Act requires the following conditions to be fulfilled and complied with.

(i) One of the parties must be Christian

(ii) Compulsory monogamy

(iii) Persons of opposite sex

(iv) The age of marriage

(v) No marriage within prohibited relationship.

(b) One of the parties must be Christian

The Act applies only to the Christians, to be exact and precise, the Indian Christians, namely, the Native Christians, and the rest of the Christians in the world.

The very preamble of the Act states that it is the enactment relating to solemnization of marriages of Christians. The Preamble of the Act then goes further to state that it is the Act to consolidate and amend the Laws relating to solemnization of marriages of persons professing Christian religion.

Therefore, both the parties, the bride and the bridegroom, necessarily have to be Christian. However, Section 3 of the Act lays down that every marriage solemnized under the Act must be between persons one or both of whom professes Christian religion. Section 3 can also be seen in the light of the provisions of

Section 27. Section 27 states that if marriage is solemnized between two persons and one or both are Christians, then it has to be registered under the Act. Therefore, it will be clear that either of the parties must be professing the Christian faith. Act and Section 27 is silent on the issue if the marriage is solemnized between two persons, one or both are Christian, but not registered under the Act.

(c) Compulsory Monogamy

A Christian marriage of Indians, is monogamous as is clear from condition 2 laid down in Section 60 of the Act and even if the second marriage is solemnized by Church it is void. ^[1] Muslim personal law, as it is in India, permits a Muslim man to have more than one wife, after conversion to Islam, without having the first marriage dissolved. But under the law, the second marriage by apostate husband would be void in terms of Section 494 of IPC.

(d) Persons of Opposite Sex

It is most elementary and entirely for biological reasons that a marriage between two persons of same sex is nullity from the inception. A marriage between male and operated male was held to be void. However, an appellate Division Bench of Supreme Court of New Jersey upheld such a marriage on the ground that it was ultimately a marriage between a man and woman. In India, the Delhi High Court has upheld the Gay Marriages. In any event, a third party cannot raise the plea of nullity.

(e) Age of Marriage

The term ‘minor’ is defined in Section 2 of the Act. According to this definition, a minor is a person who has not completed the age of twenty one years and who is not a widow or a widower. By necessary implication, widow/widower can marry even if he/she is not 21 years of age! Leave it as it is. Section 2 of the Act really defines the term ‘minor and does not define the ‘age of marriage’. The age of marriages is given in Section 60 in Part VI of the Act.

Part VI of the Act speaks of the Marriage of Indian Christian – indeed there is no provision for the marriage of non-Indian Christians – but be it as it is. What are relevant in Part VI of the Act are the conditions of marriage. The very first condition of Marriage in Section 60 in Part VI of the Act is that the boy must not be under the age of twenty one years and the girl must not be under the age of 18 years.

It means that a girl of less than 21 is a ‘minor’ under Section 2 of the Act and yet she can marry if she is of 18 years of age as laid down in Section 60 of the Act. Section 19 of the Act then comes into operation and lays down that marriage can be solemnized only if consent is given firstly by the father, if father not living then by the mother and if both are not living then by the Guardian. It only means that Minor’s Marriage under the Act, through father/guardian/ mother is not a nullity.

(f) Marriage within Prohibited Degree of Relationship

Section 88 of the Act lays down that if the personal law (applicable to either party) forbids him/her to enter into the marriage, the same will be invalid and it cannot be validated by any provision of the Act. Indeed, the Act nowhere clarifies as to what it means to say ‘personal law’.

It also does not lay down the prohibited degree of relationship, perhaps and in all probabilities, it is because of the reason that the different churches have different rules in this regard and added to it will be the customs of Christians in India. Be it as it is. When two first cousins within prohibited degree married after obtaining dispensation from the Roman Catholic Church, the Court held it valid. Similarly, marriage with wife’s sister after obtaining the dispensation from ecclesiastical authority was held to be valid.

Void marriages under the act

The following marriages under the Act are void:

(i) If either the bride or bridegroom is Christian and the marriage is not solemnized and registered under the Act – (Section 3).

(ii) The marriage solemnized contrary to the personal law of bride/bridegroom (Section 88).

(iii) Marriage not solemnized within two months after the Notice is given (Sections 26 and 52).

(iv) If it is the Second Marriage (Section 60).

(v) Marriages solemnized in contravention of mandatory provisions of the Act.