An Overview: The Christian Marriage Act 1889

For Indian Christians, the Indian Christian Marriage Act 1889 governs the solemnization of marriage. The Act is comprehensive and considered to be quite secular in its provisions.

Christian Marriage is not a Social Contract

One of the world’s popular speakers on conservative Christian thinking on family, James Dobson, sums it up by stating, “God, in his infinite wisdom, created and ordained the family as the basic unit of procreation and companionship.”

For Christians, marriage is a sacred bond of love between a man and a woman for the purpose of procreation. The Christian concept of marriage and family is not treated as a social contract.

Based on the same logic, this Act is also applicable to marriages where only one party is a Christian. Simply put, this Act creates no legal hurdles for a Christian who plans to marry a non-Christian. Two main requirements for a valid marriage under this Act are: 

• Marriage should be solemnized as per the Act
• It should not offend the personal laws of the parties involved.

Solemnization of a Christian Marriage

The Christian marriage in India can be solemnized in accordance with this Act. Any licensed registrar or clergyman of the Church of Scotland or bishop or any licensed minister of the religion can solemnize a Christian marriage. A notice of intended marriage must be given in writing by one of the two parties, using the stipulated form in the First Schedule. Then, the form has to be submitted to the Marriage Registrar in the District.

Remember, a Christian marriage can be solemnized in a ceremony as established by the Minister. Section 26 of the Act states that whenever a marriage is not solemnized within two months after the date of the issued certificate, the certificate and all proceedings in any will be considered void. All solemnized marriages have to be registered in accordance with Part IV of the Act.