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The Indian Christian Marriage Act was enacted on 18th July, 1872.
All marriages between one party Christian or both the party to marriage being
Christian has to be follow under said provisions of the act and whoever not following
the said provision such marriage is considered to be void. Person by whom marriage
can be solemnized in Indian can be person who has received Episcopal ordination as
the marriage that he is solemnizing is according to rules, rites, ceremonies of the
church of which he is minister or such person who is Clergyman of church of
Scotland or such person who is Minister of Religion Licensed to solemnize the
marriage by this act, or such person appointed as Marriage Registrar as per the act
or the person who is licensed by this act to grant marriage certificate to Indian
Christians.
“Church” is only place where marriage can be solemnized, but it can be even
solemnized at any such place, where there is no Church within five miles distance to
nearest to that place or only when he has received special permission granting him
to solemnize the marriage other then church.
Void marriages
A marriage may be declared void if it contravenes any of the following:
1. Either party is under age.The bridegroom should be of 21 years of age and
the bride of 18 years.
2. Either party is not of a Hindu religion.Both the bridegroom and the bride
should be of the Hindu religion at the time of marriage.
3. Either party is already married. The Act expressively prohibits polygamy. A
marriage can only be solemnized if neither party has a living spouse at the
time of marriage.
4. The parties are sapindas or within the degree of prohibited relationship.
The Special Marriage Act, 1954 replaced the old Act III, 1872. The new enactment has
3 major objectives:
Contents
1Applicability
2Conditions for marriage
3Succession to the property
4See also
5References
Applicability[edit]
1. Any person, irrespective of religion.[6]
2. Hindus, Muslims, Buddhists, Jains, Sikhs, Christians, Parsis, or Jews can also
perform marriage under the Special Marriage Act, 1954.[6]
3. Inter-religion marriages are performed under this Act.[6]
4. This Act is applicable to the entire territory of India (excluding the state of Jammu
and Kashmir) and extends to intending spouses who are both Indian nationals
living abroad.[6]
5. Indian national living abroad. [7]
6. The parties have to file a Notice of Intended Marriage in the specified form to the
Marriage Registrar of the district in which at least one of the parties to the
marriage has resided for a period of not less than thirty days immediately
preceding the date on which such notice is given.[8]
7. After the expiration of thirty days from the date on which notice of an intended
marriage has been published, the marriage may be solemnised, unless it has
been objected to by any person.
8. The marriage may be solemnised at the specified Marriage Office.[8]
9. Marriage is not binding on the parties unless each party states "I, (A), take thee
(B), to be my lawful wife (or husband)," in the presence of the Marriage Officer
and three witnesses.[8]
3. Either of the spouses shall inform the priest and fill up the
form given in schedule-1
Conclusion
India is still more or less a traditional society with rigid caste and religious system.
Caste and Religion play a very important role in the selection of mates in marriages.
To most Indians, it is difficult to think of marriage beyond the own caste. But it is
quite heartening to notice that the force of the caste in marriage selection is gradually
loosening over time as about ten percent of the marriages in India are reported to be
inter-caste marriages. This is a good beginning to completely eradicate the caste
system in India. This change in the marriage pattern in India is a very recent
phenomenon due to the impact of modernization, socio-economic development and
globalization of Indian economy. Various socio-economic and demographic factors
also affect the pattern of inter-caste marriages in India. There is a significant spatial
variation in the pattern of inter-caste marriages. There seems to be higher inter-caste
marriages in socio-economically developed states like Punjab, Haryana, Assam,
Maharashtra and Karnataka in comparison with the socio-economically backward
states of northern India namely Uttar Pradesh, Madhya Pradesh, Bihar and Rajasthan.
It is expected that the incidence of such inter-caste marriages will increase with
degree of modernization and socio-economic development. There is need to glorify,
give media exposure and encourage such marriages in order to reduce the caste barrier
prevalent in Indian society. India will require long time yet to come when the
marriage system in India will be completely fee of caste discrimination.