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Report No. 15

Report on the Law of Christian Marriage and Divorce

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
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
Clause 1
Clause 2
Clause 3
Clause 4
Clause 5
Clause 6
Clause 7
Clause 8
Clause 9
Clause 10
Clause 11
Clause 12
Clause 13
Clause 14
Clause 15
Clause 16
Clause 17
Clause 18
Clause 19
Clause 20
Clause 21
Clause 22
Clause 23
Clause 24
Clause 25
Clause 26
Clause 27
Clause 28
Clause 29
Clause 30
Clause 31
Clause 32
Clause 33
Clause 34
Clause 35
Clause 36
Clause 37
Clause 38
Clause 39
Clause 40
Clause 41
Clause 42
Clause 43
Clause 44
Clause 45
Clause 46
Clause 47
Clause 48
Clause 49
Clause 50
Clause 51
Clause 52
Clause 53
Clause 54
Clause 55
Clause 56
Clause 57
Clause 58
Clause 59
Clause 60
Clause 61
Clause 62
Clause 63
Clause 64
Clause 65
Clause 66
Clause 67
Clause 68
Clause 69
Clause 70
Clause 71
Clause 72
Clause 73
Clause 74
Clause 75
Clause 76
Colonial jurisdiction
First Schedule
Second Schedule
Third Schedule
Fourth Schedule
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
Indian Divorce Act, 1869
Appendix IV List of Witnesses Examined
Appendix V Recommendations in Respect of other Acts
Inconsistent with the practice in England
Referring to the case, the learned author observed thus
Referring to the decision, Dicey1 remarks as follows
This is what the learned Doctor had to confess as late as 1947
Supplement to the Minute of Dissent

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