Section 87 of The Indian Christian Marriage Act, 1872
Saving of Consular marriages
Nothing in this Act applies to any marriage performed by any Minister, Consul, or Consular Agent between subjects of the State which he represents and according to the laws of such State.
Summary
- This section protects and saves marriages performed by foreign consular officials from the rules of this Act.
- The Act does not apply to marriages performed by any foreign Minister, Consul, or Consular Agent.
- For this protection to apply, the marriage must be between subjects of the foreign State that the official represents.
- The marriage must also be performed in accordance with the laws of that foreign State.
Practical examples
FAQ
1. Does The Indian Christian Marriage Act, 1872, apply to marriages conducted by foreign consuls?
No, it does not apply to consular marriages, provided they meet specific conditions regarding nationality and the law used.
2. Which foreign officials are covered under this saving clause?
The clause covers marriages performed by any foreign Minister, Consul, or Consular Agent.
3. What nationality must the parties be for Section 87 to protect their marriage?
Both parties must be subjects of the foreign State that the Minister, Consul, or Consular Agent represents.
4. What law must be followed during a consular marriage under Section 87?
The marriage must be performed according to the laws of the foreign State represented by the consular official.
Test yourself
1.Under Section 87 of The Indian Christian Marriage Act, 1872, which of the following officials is NOT explicitly listed as performing a saved marriage?
2.To qualify for the saving provisions under Section 87 of The Indian Christian Marriage Act, 1872, who must the parties to the marriage be?
3.Under Section 87 of The Indian Christian Marriage Act, 1872, what legal framework must be used by the foreign official to perform the marriage?
4.What is the direct legal consequence of Section 87 of The Indian Christian Marriage Act, 1872, on a qualifying foreign consular marriage?