• Hindu - Christian marriage

Hello sir / madam , 
My name is Supraja. I am a doctor. Hindu by religion. I intend to marry a Christian (catholic ). Both parties are not planning to convert religion. I understand that the marriage must take place under the Special Mariage act. However , according to the prospective groom's parents a marriage at the church would require conversion by baptism. According to the Indian Christian Marriage Act to solemnise a wedding is it required to have a church as a wedding venue specifically ??
Asked 4 years ago in Family Law
Religion: Hindu

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16 Answers

Hello Doctor,

1) You don't need to convert in Christian religion. Stay as Hindu and soleminzed your marriage under Special Marriage Act, 1954. A can perform custom marriage means in church after remaining as hindu one party should be of that religion.

Special Marriage Act, 1954. Under section 4

4. Conditions relating to solemnization of special marriages

Notwithstanding anything contained in any other law for the time being in force relating to be solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely :-

(a) neither party has a spouse living;

9[(b) neither party-

(i) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

(ii) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(iii) has been subject to recurrent attacks of insanity or epilepsy;]

(c) the male has completed the age of twenty-one years and the female the age of eighteen years;

10[(d) the parties are not within the degrees of prohibited relationship :

Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship; and]

11[(e) where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends.]

12[Explanation.- In this section, "custom", in relation to a person belonging to any tribe, community, group or family, means any rule which the State Government may, by notification in the Official Gazette, specify in this behalf as applicable to members of that tribe, community, group or family :

Provided that no such notification shall be issue in relation to the members of any tribe, community, group or family, unless the State Government is satisfied-

(i) that such rule has been continuously and uniformly observed for a long time among those members;

(ii) that such rule is certain and not unreasonable or opposed to public policy; and

(iii) that such rule, if applicable only to a family, has not been discontinued by the family.]

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

You can get married under provisions of special marriage act as you don’t want to convert to Christianity

2) it is true for getting married in church you need to convert into Christianity

3) you need not get married in church as you don’t want to convert

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Solemnizing the marriage in the church does not mean a conversion.

The church recognises the marriages only solemnized in charch as both the parties are not converting.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

Yes as per Indian Christian Act marriage has to be solemnized at church and between two christians.

Under the Indian Christian Marriage Act, 1872, Christian marriages in India are performed by a Minister or Priest in a church. After the marriage is performed the minister or priest enlists the marriage and issues a marriage certificate, thereby endorsing the marriage. A marriage, performed earlier by a Priest or Minister of the Church, can likewise be enrolled, in the register by the registrar of marriages. In order to get a marriage registered, it is incumbent on each party to the marriage to make an application to the concerned authority located within its place of residence.

1. Performance of the Marriage under the Act.

A Christian Marriage is performed between the parties to the marriage according to the rituals considered essential and proper as per Minister or Priest performing the marriage. The marriage rituals require the mandatory presence of two witnesses apart from the minister or the priest performing the marriage.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

It depends on customs to customs, if in their family marriages used to solemnised at church then there is need to have venue like church.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

A Christian Marriage is performed between the parties to the marriage according to the rituals considered essential and proper as per Minister or Priest performing the marriage. The marriage rituals require the mandatory presence of two witnesses apart from the minister or the priest performing the marriage. The Act, clearly stipulates the ‘time’ and the ‘place for the performance of marriage. Time for performing of marriage rituals has been fixed to six in the morning and seven in the evening and the place where the marriage is to be performed is the Church. The Clergy of the Church, under a special issued are given flexibility in the time and place for performance of the marriage. Marriage must be performed in the presence of at least two reliable witnesses, by a person licensed to grant a certificate to the marriage.

A marriage certificate issued by a church or any other religious place where the marriage was solemnized is only a document to prove that the said marriage has been solemnized at their organisation. This is not accepted perse as proof of the authenticity of the marriage as it can be open to challenge on the ground of non performance of mandatory rituals relating to the parties of the marriage, but the same is accepted as correlating evidence of the marriage only.

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

The Special Marriage Act, 1954 provides for a civil marriage of two Indians, without the necessity of renouncing their respective religion. The Act provide for civil marriage that would enable individuals to get married outside of their respective community mandates, many community based laws did not provide for inter – community or inter – caste marriages.

So better register the marriage under Special marriage act by complying the provisions of Special marriage act .

Ajay N S
Advocate, Ernakulam
3991 Answers
93 Consultations

5.0 on 5.0

1. Well, if both of you do not wish change your respective religion which is good choice anyway then you can marry each other under Special Marriage Act.

2.To do this meet a nearest Marriage registrar and on production of age and residence proof you can initiate the registration process and after one month your marriage would be registered under Special Marriage Act.

3. To register your marriage under such Act in involvement of any Church or Temple is not necessary.

So visit the office of a Marriage Registrar and act accocrdingly.

All The best for your future life.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If you are marrying under special marriage act you have to go to the marriage registrar. for marrying and you donot have to go to church and any other personal law like hindu marriage act or christian marriage act won't be effective.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hi, you can solemnise a wedding at a place of your choice , and get it registered under special marriage act .. It all not effect relegion status of the groom

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Dear Querist

When the marriage will be solemnized as per Special Marriage Act-1954, hence there is no question of religious marriage.

in case of conversion from Hindu to Christianity and solemnized the marriage then only the Church will be required.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Dear Client,

Marriage in Christian is bound to be solemnized according to Act.

Read sec 4 and 5 of the act.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

What do you want to ask?

If you convert to Christianity,then you can marry under Christian Religious rites and customs.

There is not to register the same under Special marriage act.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

You can marry without baptism. But the said marriage has to be registered later in church register as well as adminstrative department of government for record purposes.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

Indian Christian Marriage Act has no barring in the present marriage.

Solemnise your marriage before the Registrar, Special Marriage (Act) in presence of the witnesses. This would not require observance of any ritual or ceremony.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Under the Indian Christian Marriage Act, 1872, a marriage is to be mandatorily performed by a Minister or Priest in a church.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

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