Report No. 90

Chapter 4

The Question of Nullity

4.1. Pronouncement of nullity made by Church authorities.-

It is now necessary to consider in some detail the point regarding nullity of marriage, raised in many of the articles and letters that have appeared on the subject.1 The point can be thus elaborated: Since a marriage performed by the Church authorities according to sacred rites is recognised by the law, (it is stated that) it is anomalous that a pronouncement of nullity of marriage made by a Church authority according to canon law should not be recognised by the law. Although no reference to the relevant statutory provisions is made in the articles and letters which have raised the question of recognition of such a pronouncement, it appears that the allusion here is to section 5 of the Indian Christian Marriage Act, 1872 which deals with the persons by whom a marriage for the purposes of the Act, may be solemnised in India.

1. Chapter 3, supra.