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Report No. 15

4. Conditions of Marriage.-

A marriage may be solemnised between any two Christians if the following conditions are fulfilled, namely:-

(i) neither party has a spouse living at the time of the marriage;

[New] [Cf. section 60(2), Christian Marriage Act, section 5(i), H.M.A., section 4(a), S.M.A.]

(ii) the parties are not within prohibited relationship, unless the custom governing each of them permits of a marriage between the two;

[Section 88, Christian Marriage Act]
[Cf. section 5(iv), H.M.A., section 4(d), S.M.A.]

(iii) neither party is an idiot or a lunatic at the time of the marriage; [New] (Cf. section 5(ii), H.M.A., section 4(b), S.M.A.]

(iv) the bridegroom has completed the age of eighteen years and the bride the age of fifteen years at the time of the marriage;

[New] [Cf. section 60(1) Christian Marriage Act, section 5(iii), H.M.A., section 4(c), S.M.A.]

(v) where the bride has not completed the age of eighteen years, the consent in writing of her guardian in marriage or the permission of the district court under sub-section (4) of section 5, has been obtained for the marriage; and

[New] [Cf. Section 5(iv), H.M.A.,]

(vi) where the marriage is solemnised outside India, both parties are domiciled in India.

[New] [Cf. section 4(3), S.M.A.]

Report on the Law of Christian Marriage and Divorce Back

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