Indian Laws and Legal Status of Canon Laws

In the Indian legal system, canon law is respected as a body of rules and regulations but it does not have any supremacy over the law of the land nor is it considered subservient to the prevailing civil laws in the country.

Indian Laws: Who is eligible to marry under Canon Law?

Indian laws for Christians recognize the importance of canon laws. Canon 1958 lays down that all persons who are not prohibited by law can contract marriage. Canon 1066, 1067 and 1069 state that a pastor who assists at a marriage must find out whether there is any obstacle to the celebration of the marriage.

Indian Laws: Is the Marriage Certificate Issued by a Pastor Legally Valid?

Indian laws require a married couple to be issued a marriage certificate. Yes, in fact, it is a statutory document that proves the marriage is legal. The Marriage Register is also a statutory document to prove that the marriage is a legal one.

Indian Laws: Can Minors Marry under Canon Law?

Typically, Indian laws do not facilitate the marriage of minors. However, under Canon 88 of the Roman Catholic Church, a major is defined as a person who has completed the age of 21 and a person who has not is a minor. Canon 1934 advises that a pastor should make all attempts to dissuade minors, be it sons or daughters, from marrying without the consent of their parents or guardians. However, no provision in Canon law prohibits the marriage of a minor.

In fact, customary laws allow solemnization of marriages among Christians even if the parties are not majors. Such marriage is deemed valid in law in the absence of any statutory prohibition.

Indian Laws: What if one Party to the Marriage is a Non-Christian?

In such cases, Indian laws stipulate that it is advisable to marry under Section 15 of the Special Marriage Act, 1954. Most importantly, to constitute a valid Christian marriage, it must be evident that the parties consented to the marriage freely and not under any form of duress or undue influence.