This document discusses the definition of a Christian under Indian law and the requirements for a valid Christian marriage according to the Indian Christian Marriage Act of 1872. It defines a Christian as someone who professes the Christian religion. The key requirements for a valid Christian marriage are: (1) one spouse must be Christian; (2) minimum ages of 21 for groom and 18 for bride; (3) neither spouse can have a living wife/husband; and (4) the marriage must be performed by a licensed person. The document also outlines the grounds for divorce under the Indian Divorce Act of 1869, including adultery, desertion, cruelty, and incurable insanity.

1. By:
RASHMI DUBEY
FACULTY OF LAW

2.  WHO IS A CHRISTIAN :-
 Meaning and Definition:- A Christian is one, who professes the religion of Jesus
Christ.
 Section 3 of the Indian Christian Act, 1872 defines the term ‘Christian’ as “a person
professing Christian Religion”. Under the Act, Indian Christians include native
converts to Christianity and under their Christian descendants.
 A child born to Christian parents is a Christian.
 Generally, a person who is baptized is a Christian.
 A person, who professes to be a Christian is a Christian, even though he has not
been baptized.(K LB David v/s. Nilmoni, AIR 1953).

3.  According to Christian Law, marriage is a permanent and sacrament union of one man
and one woman. The Indian Christian Marriage Act was passed in 1872 to regulate
marriage among Christians. It contains 88 Sections and three Schedules. Under the Act,
marriage can be solemnized / performed between two Indian Christians and Non-
Christians.
 CONDITIONS / ESSENTIALS OF A CHRISTIAN
MARRIAGE :
1. Religion : In fact, this Act is intended to explain the provisions relating to Christian
Marriages. Section 4 of this Act lays down that one of the intended spouses must be a
Christian. If both of them are Christian, it is welcomed. If both the parties are not
Christians, the provisions of this Act do not apply and their marriage cannot be performed
under this Act. The person may profess any sect of Christianity i.e., Roman
Catholic or any other sect of Christianity.

4. 2. Age : The age of the bridegroom shall not be under twenty-one years, and the age of
the bride shall not be under eighteen years . Section 60(1)
 There is a restriction on minimum ag, i.e., 21 and 18 years respectively for
bridegroom and bride. However, there is no restriction on maximum, and the age
difference between the spouses. A bridegroom may have 30 years and a bride may
have 40 years.
3. Shall not spouse living : Neither of the person intending to be married shall have a
wife or husband living. Section 60(2)
4. Marriage should be performed by licensed persons: The marriage under this Act
becomes valid, only when it is performed by the licensed person/authority under this
Act. Section 60(3)

5.  Section 5 lays down the provisions about “Persons by whom marriages may be
solemnized.” According to this Section , the following persons are the authorized
persons/authority to perform the Christian Marriages :
a) Any person who has received Episcopal ordination, provided that the marriage be
solemnized according to the Rules, Rites, Ceremonies and Customs of the Church
of which he is a minister;
b) Any clergyman of the Church of Scotland, provided such marriage be solemnized
according to the Rules, Rites, Ceremonies and Customs of the Church of
Scotland;
c) Any Minister of Religion licensed under this Act to solemnize marriages;

6. d) A Marriage Registrar appointed under this Act;
e) Any person licensed under this Act to grant certificate of marriage between Indian
Christians.
5. Witnesses : There must be atleast two credible witnesses other than the licensed
person, and should witness the marriage ceremony. Section 60(3)
6. Solemnization : Each of the parties to the marriage shall say to the other : ‘I call
upon these persons here present to witness that I, ‘A’ in the presence of Almighty God,
and in the name of our Lord Jesus Christ, do take thee, ‘B’ to be my lawful wedded
wife or Husband’ or words to the like effect. Section 60 (3)

7. 7. Time for solemnization of marriage : Every marriage under this Act shall be
solemnized between the hours of six in the morning and seven in the evening.(Section
10)
8. Place for solemnization marriage : As a general rule, the marriage should be
solemnized in the Church. If there is no church within five miles distance by the
shortest road from the propose marriage place, or an application received specifying
any special reasons to solemnize the marriage, the marriage officer/authority may
solemnize such marriage recording the reasons for it. (Section 11)
9. Notice of intended marriage : One of the person intending marriage shall give
notice in writing, according to the form contained in the First Schedule of the
Act to the concerned marriage, and shall state therein :

8. a) The name, and surname, and the profession or condition, of each of the person
intending marriage;
b) The dwelling-place of each of them;
c) The time during which each has dwelt there;
d) The Church or private dwelling in which the marriage is to be solemnized.
(Section 12)
10. Certificate of Marriage : The Marriage officer/authority shall issue Certificate of
Marriage in the form contained in the Second Schedule to this Act. This certificate is a
conclusive evidence of the marriage.(Section 61)

9.  The Indian Divorce Act, 1869, which has been substantially amended in 2001,
Sec.10 provides for divorce on the following grounds:
 Grounds for dissolution of marriage-(l) Any marriage solemnized, whether before or
after the commencement of the Indian Divorce(Amendment) Act, 2001, may, on a
petition presented to the District Court either by the husband or the wife, be
dissolved on the ground that since the solemnization of the marriage, the respondent
has –
i. committed adultery; or
ii. has ceased to be Christian by conversion to another religion; or

10. iii. has been incurably of unsound mind for a continuous period of not less than two
years immediately preceding the presentation of the petition; or
iv. has, for a period of not less than two years immediately preceding the presentation
of the petition, been suffering from a virulent and incurable for of leprosy; or
v. has, for a period of not less that two years immediately preceding
the presentation of the petition, been suffering from venereal
disease in a communicable form; or
vi. has not been heard of as being alive for a period of seven years or
more by those persons who would naturally have heard of the
respondent if the respondent had been alive; or

11. vii. has willfully refused to consummate the marriage and the marriage has not
therefore been consummated; or
viii. has failed to comply with a decree for restitution of conjugal rights for a period of
two years or upwards after the passing of the decree against the respondent; or
ix. has deserted the petitioner for at least two years immediately preceding the
presentation of the petition; or
x. has treated the petitioner with such cruelty as to cause a reasonable apprehension in
the mind of the petitioner that it would be harmful or injurious for the petitioner to live
with the respondent.

12.  Divorce by mutual consent has also been introduced by inserting a new Sec.10A. In
Indian Divorce Amendment Act (Act 51 of 2001)
 Under Sec. 22 of the Indian Divorce Act, 1869, a husband or wife may obtain a
decree for judicial separation on the ground of adultery or cruelty or desertion for
two years or upwards.

13.  Numerous differences are their in respects rights of people of different religion.
 Article 15 protects the rights of every citizen irrespective of religion.
 The Uniform Civil Code is the way to curb this inequality.
 The Uniform Civil Code will practically prove India as a secular state.
 It is a need of this hour to let Uniform Civil Code take birth in Indian Laws.

14. THANK YOU