christian marriages

1. FR
FABRIKAM RESIDENCES
CHRISTIAN
MARRIAGES

2. Who is a Christian
Fo l l ow e rs o f J e s u s C h r i st w h o
fo l l ow h i s Te a c h i n g

3. Christianity in India
• Largely concentrated in the South
• St. Thomas came to Kerala on the
coast of Muzris in AD 52 and
converted many to Christianity.
• Followed by conversion of St.
Francis Xavier.
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4. FR
Common Laws on Marriage
• Initially courts did not interfere with Marriage
ceremonies and usually left it to the holy orders
to which parties belonged
• With advent of East India Company and
establishment of Supreme Courts, Common Law
of England was made applicable to India
• Was based on principles of Equity, justice and
good conscience.
• Therefore, Laws governing England was
applicable in India.
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5. FR
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AIMS OF CHRISTIAN MARRIAGE
• Sexual Satisfaction
- Means to regulate sex urge by leading a pious life.
- Establishment of stable sex relation between man and woman
• Establishment of Family
- Procreation of children
• Companionship
- Lifelong companionship between man and woman

6. FR
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Procedure of Mate Selection
• Can be chosen either by parties to the marriage or by their parent.
This ensures autonomy in selection of partner
• Parties to the marriage should have no close blood relation like
brother, sister, nephew etc.
• Marriage is usually preceded by a long period of courtship
• Usually parties have the same social status

7. FR
Conditions for Marriage
• Age of groom should not be less than
21 years
• Bride should not be less than 18 years
of age
• Neither of the persons shall have a
wife or husband still living.
• Consent should be free and voluntary
• Should be in presence of a person
licensed and atleast 2 credible witness
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“I call upon these persons here
present to witness that. 1, A. B., in
the presence of Almighty God, and
in the name of our Lord Jesus
Christ, do take thee, C. D., to be my
lawful wedded wife [or husband]” or
words to the like effect

8. PROCESS OF
MARRIAGE
 Consent by Parties
 Betrothal
 Marriage

9. FR
• Once Selection is over, consent of parties is
communicated to priest who in turn conveys
it to Council of Bishops.
• Day is fixed for betrothal
• On this day, appointed parties meet in church
for exchanging rings as an acceptance of
proposal.
Betrothal
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10. FR
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After Betrothal
• The bride and groom are now free to meet each other. But it is expected
they will not have sexual relationship prior to marriage
• 3 weeks prior to marriage a notice is posted in Church to invite objections
if any.
• If the objection is upheld by Church, then marriage cannot be performed,
otherwise clergy performs the marriage on the intended day in the presence
of witness.

11. FR
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INDIAN CHRISTIAN MARRIAGE ACT, 1872
• The Act authorized the Central and State Government to appoint
a Register for the purpose. The Act also made provision for a
magistrate who could perform the same function.
• Marriage can be solemnized anytime between 7 A.M. to 7 P.M
• Marriage be solemnized in the church alone.
• Once the marriage is solemnized by the clergyman, then such
information should be forwarded to the Registrar General of
Births, Deaths and Marriages on a quarterly basis.

12. FR
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PEOPLE COMPETENT TO SOLEMNIZE
MARRIAGE
• Church of which he is a minister or priest.
• Clergy of the Church of Scotland stated that such marriages are performed in
accordance with the customs, guidelines and policies governed by the Church of
Scotland.
• A person to whom the Minister of Religion has given license to solemnize marriages
under this Act.
• Any person appointed under the Act through or in the presence of the Registrar of
Marriages; Or
• Any person licensed under this Act to provide marriage certificates between Indian
Christians.

13. DIVORCE

14. HISTORY OF
DIVORCE

15. FR
• Canon law proclaims doctrine of absolute
indissolubility of marriage
• Christian law states that with Marriage,
husband and wife become of one flesh
• There was no escape from the holy tie of
marriage. Only death could put it at end.
• Marriages are made in heaven".
• "What God hath joined together, no man
put as under."
• Although marriage still continued to be a
contract, it also became a holy and
hallowed institution - a mystic union of
soul and body never to be put to an end.
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What the Canon law States?

16. Indian Divorce Act
1896
A p p lies to marriages in wh ic h
atleast eith er of th e sp ou ses is a
Ch ristian

17. FR
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GROUNDS FOR DIVORCE
• 1. Forsaking of Christianity by the husband and his entry into another
religion.
• 2. Desertion of wife by husband or to marry another wife.
• 3. Sexual immorality by the husband.
• 4. Raping of wife by the husband and compelling the wife of sodomy and
bestiality.
• 5. Sadistic behavior or immorality.
• 6. Desertion of the wife for two years without reason and sexual
indulgence out of marriage.
• 7. Have not been heard of with these individuals having been alive for 7
years or more, who clearly would have heard of the defendant if the
defendant were alive.

18. • The Indian Divorce Act, enacted a century ago contained certain
harsh and discriminatory provisions, for example, there is gender
discrimination since for obtaining divorce husband only has to
prove adultery on the part of wife whereas the wife has to prove
an additional matrimonial offence like cruelty, desertion,
conversion or bigamy along with adultery.
• Later in Ammini E J. v. Union of India the court quashed the
provision which requires a Christian wife to prove that her
husband had been indulging in “incestuous adultery” or “adultery
coupled with cruelty or desertion” in order to obtain divorce.
Bias Against Women
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19. DIVORCE BY MUTUAL
CONSENT
S ec tion 1 0 -A of Divorc e A c t

20. FR
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• On grounds that both spouses have been living separately for a
period of 2 years or more, that they have not been able to live
together and they have mutually agreed that marriage should be
dissolved
• Petition is presented to District Court by both parties to marriage
together
• If the petition is not withdrawn before 18 months, the Court on
enquiry, if it is satisfied that the marriage has been solemnized,
pass a decree declaring the marriage to be dissolved

21. THE END