Christian law regarding marriage and divorce in India

Centuries ago, Christians arrived in India and settled here. When the East India Company assumed power in the country and established its courts, the Common Law of England became applicable in India, including matters of marriage and divorce within the Christian community, based on principles of fairness, justice, and ethical conduct.

1. Laws concerning Christians marriage in India

Laws governing the solemnization of marriages among individuals professing the Christian faith in India were spread across various Acts, including two from the English Parliament and three from the Indian Legislature. Notable among these enactments were the Indian Christian Marriage Act, 1872(1), the Marriages Validation Act, 1892(2), the Cochin Christian Civil Marriage Act, 1905(3), the Indian Matrimonial Causes (War Marriages) Act, 1948(4), the Converts Marriage Dissolution Act, 1866(5), and the Indian Divorce Act, 1869(6).

The Indian Christian Marriage Act of 1872 aimed to condense and simplify existing laws while rectifying deficiencies within them. For instance, it addressed concerns regarding the age and parental consent for Native Christian marriages, aiming to prevent freeing children from parental authority before they reached maturity.

This Act ensured clear protocols for recording marriages, replaced fixed fees for Marriage Registrars with a system under the control of the Local Government, and extended marriage laws to territories under Native Princes allied with the British Crown.

The preamble of the Indian Christian Marriage Act, 1872, highlighted the necessity to consolidate and amend laws concerning the solemnization of marriages within the Christian community in India. This Act was structured into eight sections, with an initial part defining various Christian denominations and terms related to churches.

2. What is Christian Marriage Act?

According to Section 3, the term 'Christian' refers to individuals professing the Christian religion, and 'Indian Christian' encompasses descendants of native Indians converted to Christianity, along with those who have converted. Marriages involving at least one Christian party fall under the governance of the Christian Marriage Act, 1872. This act forms a comprehensive code applicable throughout India, except in the territories of Travancore, Cochin, and Manipur.

The Act outlines the specific formality for the marriage ceremony, requiring proper registration in a dedicated marriage register. Proof of marriage can be established through entries in this register, supplemented by other evidences such as eyewitness accounts and the subsequent behavior of the couple as spouses.

A Christian marriage, even if one party is Hindu, cannot be dissolved by a decree of divorce under Section 13 of the Hindu Marriage Act. However, a marriage performed under the Christian Marriage Act and duly registered under the Special Marriage Act is legally valid if the conditions specified in that section are met.

Penalties for false declarations, false notices, or certificates are outlined in Part VII (Sections 66-76), punishable under Section 193 of the Indian Penal Code, with imprisonment up to three years. Unauthorized solemnization of marriage or conducting marriages outside prescribed hours without witnesses carries penalties of up to ten years of imprisonment or three years plus a fine, respectively.

3. Laws for divorce in Christian

The Indian Divorce Act of 1869 governs divorce and other aspects of marriage for individuals professing the Christian faith. It applies when at least one party involved in legal proceedings is Christian and is structured around English divorce law (as outlined in Section 7). Part III, Section 10 of the Act specifies the grounds upon which either the husband or wife can file for marriage dissolution.

Enacted a century ago, the Indian Divorce Act contained provisions considered severe and biased. For instance, gender bias was evident since a husband merely needed to prove his wife's adultery for a divorce, while the wife had to demonstrate additional matrimonial offenses like cruelty, desertion, conversion, or bigamy along with adultery.

The controversial Section 10's constitutionality was challenged again in Mrs. Zachariah v. Union of India 1995 SCC OnLine. The court directed the Union to amend the Act within six months. In Ammini E.J. v. Union of India, 1995 SCC OnLine Ker 47 not only highlighted discrimination but also struck down specific phrases to provide meaningful relief to the petitioners. For instance, the court annulled the provision mandating a Christian wife to prove "incestuous adultery" or "adultery coupled with cruelty or desertion" to obtain a divorce.

The grounds for marriage dissolution were expanded to include various scenarios such as adultery, conversion to another religion, incurable unsoundness of mind, leprosy, venereal diseases, long-term absence, refusal to consummate the marriage, or failure to comply with a decree for conjugal rights. The court is mandated to ascertain the alleged facts, investigate the petitioner's involvement or connivance, and inquire into any countercharge against the petitioner before granting dissolution or upholding a decree.

4. Courts power in dissolution of a Christian marriage

As per Section 14 of the Act, the Court will grant a decree dissolving the marriage if it's convinced by the evidence presented by the petitioner and determines that the petitioner didn't contribute to or conspire in the marriage or the other party's adultery, didn't pardon the complained-of adultery, and the petition isn't collusively pursued.

However, the Court isn't obligated to grant such a decree if it finds that the petitioner engaged in adultery during the marriage, unreasonably delayed filing or pursuing the petition, displayed cruelty towards the spouse, deserted or willfully separated before the adultery without reasonable cause, or engaged in neglect or misconduct leading to the adultery. Adultery won't be considered pardoned unless there's a resumption or continuation of marital cohabitation.

In the case of Nalini v. C.H. ISSAC, 1977 SCC OnLine MP 28, where the respondent husband's actions led to the marriage breakdown by engaging in an illicit relationship and deserting the petitioner wife, the court ruled that as the respondent compelled the petitioner to commit adultery, she was entitled to a dissolution decree despite her own adultery.

Additionally, in the absence of the defendant, as seen in Sahaya Barathy v. Anthony Sahaya Rajaputhiran, 1980 SCC OnLine Mad 193, the court is responsible for thoroughly examining the plaintiff's case, assessing both oral and documentary evidence to ascertain the case's validity.

5. Divorce with mutual consent

In accordance with the Act and its accompanying regulations, both parties to a marriage, whether solemnized before or after the Indian Divorce (Amendment) Act of 2001, may jointly file a petition for the dissolution of their marriage with the District Court. This petition grounds on their living apart for a minimum of two years, their inability to reconcile, and their mutual decision to terminate the marriage.

Upon motion from both parties, made no sooner than six months after presenting the petition and no later than eighteen months thereafter, if the petition remains unresolved, the Court, after satisfying itself and conducting necessary inquiries, will issue a decree declaring the marriage dissolved, effective from the date of the decree.

Adulterer or Adulteress as Co-respondent: Under the amended Section 11, a petitioner seeking dissolution due to adultery must name the alleged adulterer or adulteress as a co-respondent, unless excused by the court on specific grounds such as the respondent leading a life deemed immoral or the inability to ascertain the identity of the alleged adulterer or adulteress, among others. The aim of this section, as observed in Madhusmita Nayak v. Simadri Nayak, 1997 SCC OnLine Ori 13 is to prevent collusive divorces, not merely as a procedural requirement.

Absence of Collusion: Section 12 mandates the court to ensure there is no collusion involved. It requires the court, upon petition for divorce, to satisfy itself regarding the absence of any collusion and take necessary steps to address any such issues for a just decree. Section 17-A, which involved the appointment of an officer exercising duties similar to the Kings Proctor, has been removed by the Indian Divorce (Amendment) Act, 2001.

Nullity of Marriage: Part IV of the Indian Divorce Act pertains to the annulment of marriages. A husband or wife may file a petition under Section 18, seeking a declaration of their marriage being null and void based on specific grounds, including impotency of the respondent at the time of marriage, consanguinity, lunacy or idiocy of either party, existence of a former spouse, or consent obtained through force or fraud.

6. Conclusion

The Indian Christian Marriage Act, 1872 oversees the marital regulations for Christians. A Christian is someone who follows Christianity. Section 4 of the Act specifies that a Christian marriage can occur between two Christians or between a Christian and a non-Christian. Consequently, the regulations within the Indian Christian Marriage Act, 1872 apply to a married couple if their marriage adheres to the provisions of this Act, even if one partner doesn't practice Christianity.

The dissolution of a Christian marriage falls under the scope of the Divorce Act, 1869. According to Section 2 of this act, for relief to be sought under its provisions, either the petitioner or the respondent must belong to the Christian faith.

Citation

1.Indian Christian Marriage Act, 1872

2.Marriages Validation Act, 1892

3.Cochin Christian Civil Marriage Act, 1905

4.Indian Matrimonial Causes (War Marriages) Act, 1948

5.Marriage Dissolution Act, 1866

6.Indian Divorce Act, 1869