A christian is a person who prosesses the religion of Jesus Christ. It also includes native converts to Christianity and their Christian descendents.
If one of the parties to a marriage is a Christian or when both the parties are Christians, the marriage must be solemnised as provided under the Christian Marriage Act. It must be solemnized by the father (Minister) of the Church or by a Marriage Register who is authorise to grant Certificates of marriage if the marriage is between Indian Christians.
The State Government may by notification in the official fgazette fappoint fone for more Christians to be the Marriage fRegisterar or fMarriage Registrars for any district subjectf to itsf administration. In case there are more than onef Marriage Registerff in a district, the State Government shall appoint one of them to be the senior Marriage Registrar. In case, there is only one Marriage Registrar in a district and he is absent or ill or his office is temporarily vacant, the Magistrate of the district shall act as the Marriage Registrar during such absence, illness or temporary vacancy.
One of the persons intending marriage must give a notice to the Minister of the Church as per the Act. He must intimate the names of parties to the marriage and the name of the church or place where the marriage is going to be performed. The notice must be affixed by the Minister of the Church in a conspicuous place of teh church. When one of the parties to the marriage is a minor the notice must be affixed in, the office of the Marriage Registrar also. The Minister of the church gives a Certificate of teh receipt of notice. The marriage should be performed within two months from the date of the certificate. The marriage is registered in the Registrar of marriges kept by the Minister of the church.
MODE OF SOLEMNIZATION:
If one of the aprties is a Christian or both of them are Christians, the marriage should be solemnized under Act of 1872. Otherwise, the marriage is not valid.
Solemnisation may be by two methods: (a) either by a Minister of the Church or by (b) a Marriage Register appointed under the Act.
MARRIAGE SOLEMNIZED BY THE MINISTER OF THE CHURCH:
One of the partice to the marriage shall give a notice to the concerned Minister of the Church, informing the name of the parties to the marriage and teh church or dwelling where the marriage is to be performed.
The Minister of the Church shall fix the notice in a conspicuous part of the church.
If the marriage is going to be conducted in a private dwelling place, the notice shall be affixed in the office of the Marriage Registrar.
If one of the parties is a minor, the notice must be definitely affixed in the office of the Marriage Registrar.
In the case of minor's marriage, the father or mother or guardian should give consent.
After 4 days of the receipt of the notice, a certificate of notice received shall be given by the Minister of the Church. This certificate states in which church, chapel or place, the marriage is proposed to be performed. If any one shows some grounds of protest, then Certificate shall not be issued. For frivolous objections, the punishment is suit for damages.
The marrige should be conducted within two months of issue of such receipt. If not conducted within two months, a fesh notice shall have to be issued.
The marriage solemnised is registered in the Registrar of Marriage kept by the Minister of the church. Every four months, the reports are sent to the Archdeacon who sends a copy to the Registrar General of Births, Deaths and Marriages.
MARRIAGE SOLEMNIZED BY OR IN THE PRESENCE OF A MARRIAGE REGISTRAR :
Here, one of the parties gives notice in the prescribed form to the Marriage Registrar. The notice is fixed in a conspiuous place in the office of the Registrar. It is recorded in teh Marriage Notice book by the Registrar.
Before receiving the receipt of notice of the intended marriage, one of the parties has to make an oath, i.e., he has to appear personally before the Marriage Registrar and make oath that there is no impediment or unlawful hindrane to teh marriage, and that his usual place of abode is within the district of such marriage Registrar, and if one of the parties or each party is a minor he should also declare that his father or guardian or mother has given consent to the marriage.
When one of the parties is a minor and both the parties are residing in any of the towns of Calcutta, Madras and Bombay (Mumbai), and desirous to get married in less than 14 days after the entry of such notice, they may apply by petition to a judge of the High Court for an order upon the Marriage Registrar to whom the notice of marriage haw been given directing him to issue the Certificate before expiry of the said 14 days. The rest of the procedure is the same as that of the method by Minister of Church.
CONDITIONS FOR INDIAN CHRISTIANS :
The following conditions must be fulfilled in the case of such marriages, but a preliminary notice is not necessary.
The bridegroom must be above 21 years.
The parties should not have a spouse living.
Before the persons licensing the marriage and 2 witnesses, party to the marriage must say to the other "I call upon these persons here present to witness that I. Mr. ........ in the presence of Almighty God and in the name of our Lord Jesus Christ, do take Miss.....to be my lawfully wedded wife" or any other words meaning the same.
If any party is below 18 years, the consent of the guardian is necessary for registration of the marriage. The father is the person competent to consent and on his death the guardian, and if there is no guardian, the mother should consent.
The marriage is entered in the Marriage Register book, and Certificate of Marriage will be issued on payment of the prescribed fee.