| Contents |
|
Report on the Law of Christian Marriage and Divorce |
| 1. |
The need for revision |
| 2. |
Consolidation |
| 3. |
Local extent |
| 4. |
Application |
| 5. |
Question of domicile |
| 6. |
Modes of solemnisation of marriages |
| 7. |
Procedure for Indian Christians |
| 8. |
Civil marriages |
| 9 to 14. |
Sacramental marriages |
| 15 to 19. |
Recognimdl Churches |
| 20. |
Licences to Ministers |
| 21. |
Registration of marriages |
| 22. |
Conditions of a valid marriage |
| 23 to 25. |
Prohibited degrees |
| 26. |
Age |
| 27. |
Withholding of guardian's consent |
| 28. |
Bride's own consent |
| 29. |
Prohibitions under Canon Law |
| 30. |
Danger of Death |
| 31. |
Nullity of Marriage |
| 32,33,34. |
Existing law under the Divorce Act, 1869 |
| 35. |
Marriages solemnised under the existing law |
| 36. |
Status of children born of voidable marriages |
| 37. |
Status of children born of void marriage.-three views |
| 38. |
First view: children illegitimate |
| 39. |
Second view: children of bona fide marriages to inherit as legitimate |
| 40. |
Third view: children to inherit as legitimate |
| 41. |
First view not accepted |
| 42. |
Argument in favour of second view |
| 43. |
Third view accepted |
| 44,45 |
Judicial separation |
| 46. |
Capacity of wife to acquire property or to enter into contracts after a decree for judicial separation |
| 47. |
Succession to the properties of a wife dying intestate after a decree for judicial separation |
| 48. |
Divorce |
| 49. |
Grounds of divorce |
| 50. |
Provisions in other enactments |
| 51. |
Adultery |
| 52. |
Leprosy |
| 53. |
Refusal to consummate marriag |
| 54. |
Desertion |
| 55,56. |
Cruelty |
| 57. |
Imprisonment |
| 58. |
Venereal disease |
| 59. |
Judicial separation and non-resumption of cohabitation |
| 60. |
Renunciation |
| 61. |
Consent |
| 62. |
Artificial insemination |
| 63. |
Conversion |
| 64. |
Joinder of adulterer or adulteress in actions founded on adultery |
| 65,66. |
Damages for adultery |
| 67,68. |
Settlement of property |
| 69,70. |
Jurisdiction |
| 71. |
Forum |
| 72,73. |
Course adopted as to jurisdiction |
| 74. |
Course adopted as to forum |
| 75. |
Matrimonial tribunal |
| 76. |
Decisions of ecclesiastical courts |
| 77,78. |
Decree nisi and decree absolute |
| 79,80. |
Confirmation by High Court |
| 81. |
Appendices |
| Appendix I |
Proposal as Shown in The form of a Draft Bill |
|
The Christian Marriage and Matrimonial Causes Bill, 1960 |
| Chapter I |
Preliminary |
| 1. |
Short title, extent and commencement |
|
Definitions |
| Chapter II |
Conditions for Christian Marriages |
| 3. |
Conditions for Christian Marriages |
| 4. |
Conditions of Marriage |
| 5. |
Consent of guardian in marriage |
| Chapter III |
Solemnisation of Christian Marriages |
| 6. |
Who may solemnise marriages |
| 7. |
Recognised Churches |
| 8. |
Grant of licences to Ministers of Church to solemnise marriages |
| 9. |
Marriage Registrars in India |
| 10. |
Marriage Registrar Outside India |
| 11. |
Solemnisation of marriages by Ministers of recognised Churches |
| 12. |
Notice of intended marriage to a licensed Minister etc., and marriage notice book |
| 13. |
Procedure to be followed by licensed Minister on receipt of notice |
| 14. |
Procedure to be followed by Marriage Registrars on receipt of notice |
| 15. |
Issue of certificate of notice |
| 16. |
Objection to certificate |
| 17. |
Application to district court against decision on objection |
| 18. |
Procedure on receipt of objection by Marriage Registrar abroad |
| 19. |
Certificate not to be issued and marriage not to be solemnised in certain cases |
| 20. |
Solemnisation of marriage by licensed Minister |
| 21. |
Solemnisation of marriage by Marriage Registrar |
| 22. |
Certificate void if marriage not solemnised within three months |
| 23. |
Certificate of marriage, and registration |
| Chapter IV |
Restitution or Conjugal Rights |
| 24. |
Restitution |
| Chapter V |
Judicial Separation |
| 25. |
Judicial Separation |
| 26. |
Effect of judicial separation on duty to cohabit |
| Chapter VI |
Nullity of Marriage |
| 27. |
Void marriages |
| 28. |
Voidable marriages |
| 29. |
Legitimacy of children of certain void marriages and voidable marriages |
| Chapter VII |
Divorce |
| 30. |
Grounds of divorce |
| 31. |
Divorce after decree for judicial separation |
| 32. |
No petition for divorce to be presented within three years of marriage |
| 33. |
Re-marriage of divorced persons |
| Chapter VIII |
Jurisdiction and Procedure |
| 34. |
Relief to be given to Christians only |
| 35. |
Jurisdiction of Indian Courts |
| 36. |
Court to which petition to be made |
| 37. |
Contents and verification of petitions |
| 38. |
Application of Code of Civil Procedure |
| 39. |
Decree in proceedings |
| 40. |
Adulterer or adulteress to be a co-respondent |
| 41. |
Relief to respondent in case of opposition to petition for divorce on certain grounds |
| 42. |
Decree nisi for divorce |
| 43. |
Damages from adulterer or adulteress |
| 44. |
Maintenance pendente lite and expenses of proceedings |
| 45. |
Permanent alimony and maintenance |
| 46. |
Disposal of property |
| 47. |
Custody of Children |
| 48. |
Proceedings may be in camera and may not be published |
| 49. |
Appeals from decree and orders |
| 50. |
Enforcement of decrees and orders |
| Chapter IX |
Penalties |
| 51. |
Punishment of bigamy |
| 52. |
Punishment for contravention of certain other conditions for marriage |
| 53. |
Penalty for false oath, declaration, notice or certificate for procuring marriages |
| 54. |
False personation by person objecting to marriage |
| 55. |
Solemnizing marriage without due authority |
| 56. |
Penalty for not deciding objection within prescribed period, or refusal to solemnize marriage |
| 57. |
Penalty for wrongful action of Marriage Registrar or Minister, etc |
| 58. |
Destroying or falsifying Marriage Certificate Books |
| 59. |
Penalty for publishing proceedings held in camera |
| 60. |
Limitation for prosecutions |
| Chapter X |
Miscellaneous |
| 61. |
Liability for frivolous objections |
| 62. |
Savings regarding irregularities |
| 63. |
Correction of errors |
| 64. |
Solemnization of marriage by Ministers of Church in places sanctioned by Custom or usage |
| 65. |
Marriage Registrars to be deemed to be public servants |
| 66. |
Inspection of Marriage Notice Book |
| 67. |
Inspection of Marriage Certificate Book |
| 68. |
Certified copy to be evidence |
| 69. |
Language of notices and declarations |
| 70. |
Ministers of recognised Churches not compelled to solemnise marriages contrary to the rules of the Church |
| 71. |
Powers of Marriage Registrars in respect of inquiries |
| 72. |
Power to make rules |
| 73. |
Rules by the High Court |
| 74. |
Savings regarding marriages so solemnised before the Act |
| 75. |
Savings for other marriages |
| 76. |
Repeal |
|
The Schedules |
| First Schedule |
Prohibited Relationship |
| Second Schedule |
Form of Notice of Intended Marriage |
| Third Schedule |
Form of Certificate of Notice |
| Fourth Schedule |
Declaration to be Made by The Bridegroom |
| Fifth Schedule |
Form of Certificate of Marriage |
| Appendix II |
Notes on Clauses |
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Clause 1 |
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Clause 2 |
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Clause 3 |
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Clause 4 |
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Clause 5 |
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Clause 6 |
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Clause 7 |
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Clause 8 |
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Clause 9 |
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Clause 10 |
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Clause 11 |
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Clause 12 |
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Clause 13 |
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Clause 14 |
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Clause 15 |
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Clause 16 |
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Clause 17 |
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Clause 18 |
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Clause 19 |
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Clause 20 |
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Clause 21 |
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Clause 22 |
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Clause 23 |
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Clause 24 |
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Clause 25 |
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Clause 26 |
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Clause 27 |
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Clause 28 |
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Clause 29 |
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Clause 30 |
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Clause 31 |
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Clause 32 |
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Clause 33 |
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Clause 34 |
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Clause 35 |
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Clause 36 |
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Clause 37 |
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Clause 38 |
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Clause 39 |
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Clause 40 |
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Clause 41 |
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Clause 42 |
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Clause 43 |
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Clause 44 |
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Clause 45 |
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Clause 46 |
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Clause 47 |
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Clause 48 |
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Clause 49 |
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Clause 50 |
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Clause 51 |
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Clause 52 |
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Clause 53 |
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Clause 54 |
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Clause 55 |
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Clause 56 |
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Clause 57 |
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Clause 58 |
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Clause 59 |
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Clause 60 |
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Clause 61 |
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Clause 62 |
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Clause 63 |
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Clause 64 |
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Clause 65 |
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Clause 66 |
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Clause 67 |
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Clause 68 |
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Clause 69 |
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Clause 70 |
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Clause 71 |
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Clause 72 |
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Clause 73 |
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Clause 74 |
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Clause 75 |
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Clause 76 |
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Colonial jurisdiction |
|
First Schedule |
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Second Schedule |
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Third Schedule |
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Fourth Schedule |
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Omitted sections |
| Appendix III |
Marriage |
|
Indian Christian Marriage Act, 1872 |
|
Table Showing The Provision in The Existing Acts and The Corresponding Provision, If any, in Appendix I |
|
Divorce |
|
Indian Divorce Act, 1869 |
| Appendix IV |
List of Witnesses Examined |
| Appendix V |
Recommendations in Respect of other Acts |
|
Inconsistent with the practice in England |
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Referring to the case, the learned author observed thus |
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Referring to the decision, Dicey1 remarks as follows |
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This is what the learned Doctor had to confess as late as 1947 |
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Supplement to the Minute of Dissent |
