Top 3 Questions about the Indian Christian Marriage Act 1872
Who is a Christian?
Section 3 of the Indian Christian Marriage Act 1872, defines a Christian as one who professes the Christian religion.
Takeaway Tip: Christians who are not baptized are also considered as Christians under this Act. Baptism is not a necessary condition to prove that a person is a Christian.
Is Marriage Optional for Christians?
Yes, a man and a woman can live together without marrying.
Takeaway Tip: It is not illegal nor is marriage legally necessary for a man and a woman to live together.
Can a Christian marry a Non-Christian?
The Indian Christian Marriage Act 1872 does not stand in the way of a couple who want to be married under this Act, provided one party is a Christian. If a Hindu man wants to marry a Christian woman, the marriage is valid as there is no prohibition under Hindu law for such a marriage.
Takeaway Tip: In a marriage where one party is Christian or both parties are Christians, the marriage can be solemnized under this Act.
Now it is settled law that a christian couple (Couple atleast one of whom is a christian) atleast one of whom is a resident of erstwhile cochin state (Cochin, Kanayannur, Mukundapuram, Crangannore, Trichur ,Thalappiilly and Chittur Thaluks) can register their marriage under The Cochin Christian Civil Marriage Act 1095 ME within 5 Days Held Kerala HighCourt In 2010.
This judgement was delivered by Hon'ble Mr.Justice Siri Jagan in WP(C) 14858/2010 (Nibin Joseph & Haseena Latheef V/s Sub Divisional Magistrate, Ernakulam)
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