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| This Act may be called the Indian Christian Marriage Act, 1872. It extends to the whole of India except the territories which, immediately before the 1st November, 1956, were comprised in the States of core-Cochin, Manipur and Jammu and Kashmir. Every marriage between persons, one or both of who is or are a Christian or Christians, can be solemnized in accordance with the provisions of the Act. Marriage under Christian Law is in the nature of contract and hence there should be a free and voluntary consent between the parties. When there is a minor, as defined in the Act, the consent of father or guardian is necessary. Marriage is not permissible between the parties who are within the prohibited degrees of relationship under section 19 of the Act. There is no legal impediment for marriage between a Catholic and a Protestant. By marriage, the husband and wife become one person, i.e., the legal existence of the women is incorporated and consolidated into that of the husband. |
Marriage Of Indian Christian The age of the man intending to be married shall not be under twenty-one years, and the age of the woman intending to be married shall not be under eighteen years. Neither of the persons intending to be married shall have a wife or husband still living. At least two credible witnesses. Every marriage under this Act shall be solemnized between the hours of six in the morning and seven in the evening: Marriage Can Be declared Null and Void The Court may declare a marriage to be null and void if the respondent at the to time of marriage: Was impotent The parties were within the prohibited degrees of relationship, Either party was a lunatic or idiot at the time of the marriage, Either party had a spouse living at the time of the marriage.
State Registration The State Government may grant a license to any Christian either by name or as holding any office for the time being, authorizing him to grant certificates of marriage between Indian Christians. Any such licence may be revoked by the authority by which it was granted and every such grant or revocation shall be notified in the Official Gazette.
In The Presence Of Marriage Registrar When a marriage is intended to be solemnized by, or in the presence of a Marriage Registrar, one of the parties to such marriage shall give notice in writing, in the form contained in the First Schedule hereto annexed, or to the like effect; to any Marriage Registrar of the district within which the parties have dwelt, or if the parties dwell in different districts, shall give the like notice to a Marriage Registrar of each district, and shall state therein the name and surname, and the profession or condition of each of the parties intending marriage, the dwelling-place of each of them, the time during which each has dwelt therein, and the place at which the marriage is to be solemnized: Provided that, if either party has dwelt in the place stated in the notice for more than one month, it may be stated therein that he or she has dwelt there one month and upwards.
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