Optional Grouping: Christian Law

Any two persons, where one or both participants are Christians, can get married under Christian law.(( Indian Christian Marriage Act, 1872, Section 4.))

In the eyes of law, any person who truly believes in the Christian faith will be a Christian.(( Indian Christian Marriage Act, 1872, Section 3.))

Whether or not they have been baptised into the faith need not determine their status as a Christian. Rather, the law looks at the genuineness of the person’s faith in the religion, to determine whether they are a Christian or not.(( Maha Ram v. Emperor AIR 1918 All 168, K.J.B. David v. Nilamoin Devi, AIR 1953 Ori 10.))

Minimum Age for Marriage

While the law does not prescribe a minimum age for getting married, the law provides for a special procedure for the marriage of minors. For the purposes of Christian Marriage, a minor is anyone below the age of 21, and someone who is not a widow/widower.(( Section 3, Indian Christian Marriage Act, 1872.))

However, the Prohibition of Child Marriage Act makes every marriage involving a child (below 18 years), illegal but voidable at the option of the child.(( Section 3(1), Prohibition of Child Marriage Act, 2006.))

In situations where the minor is between 18 to 21 years old, they would require the consent of either their father, guardian, or mother to get married under the law.¹ To know more about the special procedures of marriage of a minor, read our explainer on Marriages of Minors under Christian Law.

Prohibited Marriages under Christian Law

Certain personal laws may absolutely prohibit a person from marrying a certain person, such as marriage between siblings.(( Canon 1092, Code of Canon Law.)) The Christian Marriage law does not allow for such prohibited marriages and such marriages are considered to be invalid under this law.(( Section 88, Indian Christian Marriage Act, 1872.)) However, a person still has the option to marry under the Special Marriage Act, and the impediment of personal laws won’t be applicable for such a marriage. To learn more on special or inter-religious marriages, read our explainer on Inter-Religious Marriage.

1. Sections 19 & 44, Indian Christian Marriage Act, 1872. [↩]

The following persons can perform a Christian Marriage under the law:

1. Any person who has received the ordination from their church to be a priest/minister.(( Section 5(1), Indian Christian Marriage Act, 1872.))
2. Any clergyman of the Church of Scotland.(( Section 5(2), Indian Christian Marriage Act, 1872.))
3. Any Minister of Religion licensed under the Indian Christian Marriage law to perform marriages.(( Section 5(3), Indian Christian Marriage Act, 1872.))
4. A Marriage Registrar appointed under the Indian Christian Marriage Act. The marriage has to take place by the Registrar or in their presence.(( Section 5(4), Indian Christian Marriage Act, 1872.))
5. By any person licensed under the Indian Christian Marriage Act to grant certificates of marriage.(( Section 5(5), Indian Christian Marriage Act, 1872.))

Any marriage performed by a priest, minister or any clergyman of the Church of Scotland will be performed according to the rules, rites, ceremonies, and customs of that particular denomination of church. However, the procedure for marriages will be according to the Indian Christian Marriage Act if conducted by a Minister of Religion, Marriage Registrar or by any person licensed to give certificates under this law. The procedures also differ based on the person performing the marriage. Read more on the procedures here.

Irregular marriages are those marriages where certain conditions are not followed. Usually, such marriages are considered to be invalid from the start; however, the law states that in case there are irregularities, the marriage will not be invalidated, rather it will be rectified.(( Section 77, Indian Christian Marriage Act, 1872.)) Given below are some of the reasons for which a marriage may be irregular. Some of these errors may happen:

• In any statement regarding the place of residence of the persons married
• In any manner of consent given by a person whose consent to such marriage is required by law.
• In the notice of the marriage.
• In the certificate.
• In the time and place at which the marriage took place. 
• In the registration of the marriage.(( Section 77, Indian Christian Marriage Act, 1872.))