Section 5 of The Indian Christian Marriage Act, 1872
Persons by whom marriages may be solemnized.
Marriages may be solemnized in 1[India]--
- (1)by any person who has received episcopal ordination, provided that the marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of which he is a Minister;
- (2)by any Clergyman of the Church of Scotland, provided that such marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of Scotland;
- (3)by any Minister of Religion licensed under this Act to solemnize marriages;
- (4)by, or in the presence of, a Marriage Registrar appointed under this Act;
- (5)by any person licensed under this Act to grant certificates of marriage between 2[Indian Christians].
Summary
- The section lists the five categories of persons who are authorized to perform marriages in India.
- First, anyone who has received episcopal ordination, as long as they follow the rules and rites of their Church.
- Second, any Clergyman of the Church of Scotland, following the rules and customs of that Church.
- Third, any Minister of Religion licensed under this Act to perform marriages.
- Fourth, any Marriage Registrar appointed under this Act, or a marriage performed in their presence.
- Fifth, any person licensed under this Act to grant marriage certificates specifically between Indian Christians.
Practical examples
FAQ
1. Who can perform a Christian marriage under this Act?
Marriages can be solemnized by episcopally ordained ministers, clergymen of the Church of Scotland, licensed Ministers of Religion, Marriage Registrars, or persons licensed to certify marriages between Indian Christians.
2. What condition must an episcopally ordained person meet?
The marriage must be solemnized according to the rules, rites, ceremonies, and customs of the Church of which he is a Minister.
3. Can a marriage be performed by a civil official instead of a minister?
Yes, under clause (4) of Section 5, a marriage can be solemnized by or in the presence of an appointed Marriage Registrar.
4. Is there a specific person who can perform marriages only between Indian Christians?
Yes, under clause (5), a person licensed under this Act to grant certificates of marriage between Indian Christians can solemnize such marriages.
Test yourself
1.Under Section 5 of The Indian Christian Marriage Act, 1872, a person who has received episcopal ordination may solemnize marriages in India provided that:
2.Under Section 5 of The Indian Christian Marriage Act, 1872, how many distinct categories of persons are authorized to solemnize marriages in India?
3.Under Section 5 of The Indian Christian Marriage Act, 1872, a Clergyman of the Church of Scotland is authorized to solemnize marriages if they follow:
4.Under Section 5 of The Indian Christian Marriage Act, 1872, which of the following is true regarding marriages involving a Marriage Registrar?
5.Under Section 5 of The Indian Christian Marriage Act, 1872, which category of authorized persons is restricted to marriages specifically between Indian Christians?