The Indian Christian Marriage Act, 1872 is an act to consolidate and amend the law relating to solemnization in India of the marriage of persons professing the Christian religion. It extends to the whole of India except the territories which immediately before 1st November 1956 were comprised in the state of Travancore- Cochin, Manipur and Jammu & Kashmir. The act contains 88 sections in 8 parts and 4 schedules. Before the enactment of this act the solemnization of marriage of persons professing Christian religion was guided by 2 British acts and 2 Indian acts of 1852 and 1865, respectively.
Many centuries ago, Christians came to India and settled in this country when East India Company assumed ruling power in India and established its own courts. With establishment of Supreme Court, the common law of England was made applicable to India among the Christian community on the ground that it was based on principle of equity, justice and good conscience.
Section 88: Non-validation of marriage with prohibited degrees
Section 9: Licensing of persons to grant certificates of marriage between Indian Christians
Section 60 of the Act specifies the following conditions for valid Christian marriage:
1. The groom must not be below 21 years of age and bride must not be below 18 years of age.
2. Neither of the parties must have spouse still living at the time of marriage.
3. The marriage ceremony must take place in presence of person under section 9 and at least with 2 incredible witnesses.
4. Under section 88 nothing in the act shall validate any marriage which the personal law of either party forbids the concerned party from entering into.
For example: Inter-caste marriage between Christian and a person of any other religion will be invalid of the personal law governing the other person prohibits marriage with a Christian. In Gnanasoundari v. Nallathambi and Others AIR 1945, the Madras High Court clarified that section 88 of the Act shall cover prohibitions based on blood relation and affinity. Section 60 refers to section 9 of the Act which authorized the State government to grant license to any Christian either by name or as holding any office to grant certificate of marriage for Christian marriage.
A Christian couple can get a divorce with mutual consent (no-fault divorce or mutual divorce), or either spouse may file for divorce without the consent of the other (fault divorce) as per Indian divorce act. When the couples agree to a divorce, the courts will consider a divorce with mutual consent as per.
If you are considering a divorce under Christian law in India, you should be aware of the alimony rules.
Alimony is the financial support that one spouse provides to the other after a divorce. In India, alimony is usually paid by the husband to the wife, but it can also be paid by the wife to the husband.
If you are considering a divorce, it is important to speak to an experienced lawyer who can help you understand your rights and responsibilities under Indian law.
Under the Indian Christian Marriage Act, a couple can legally get divorced if they mutually agree to it. To make their divorce valid, both parties have to agree on the following grounds:
There are several grounds for divorce under Christian law in India. The most common one is adultery, which is when one of the spouses has an affair.
Other grounds for divorce include desertion, mental cruelty, and religious conversion. If one of the spouses converts to a different religion and the other one doesn’t agree with it, that can also be grounds for divorce.
When it comes to getting a divorce, Christians in India have a few more grounds to choose from than those who follow other faiths. Here are the most common grounds for divorce under Christian law in India:
Incurable insanity: If one partner becomes incurably insane, it can be a reason of divorce.
So you and your spouse have decided to call it quits. The next step is to file for divorce under Christian law in India. Here’s how you do it:
