Registration of Marriage made compulsory

On the recommendations of National Human rights Commission and National commission for Women and as per the judgment of the Supreme Court, the proposal to enact a suitable legislation relating to Compulsory registration of Marriages under consideration with the government.  In view of the importance and complexity of them after, it may take some more time before a Bill be brought before the cabinet.

It may also be noted that the Supreme Court in its judgment dated 23.7.2007 in Smt. Seema Vs. Ashwani Kuman, has reiterated its earlier judgment dated 14.2.2006 that marriages of all persons who are citizens of India belonging to various religions should be made compulsorily registrable in their respective states, where the marriage is solemnized.  Thus, the compulsory registration of marriages has once again been raised as an issue by the UPA government at the centre.

According to clause 1, Chapter VII, Part II of the CNI constitution under the Marriage Law of the Church of North India it says - "While the Church is autonomous and has its own marriage law's, yet it is recognized that these must be carried out with due regard to the laws of the State so that Christian marriages, solemnized under the laws of the Church, may also be recognized by the state."

Any one receiving Episcopal ordination which means the Presbyters with the authorization and license issued by the Bishop of Church of North India (the successors of the Church of England and the Church of Scotland) are authorized under the Indian Christian marriage Act, 1872.  The presbyters are required to maintain a register (CNI Constitution, Part II, Chapter VII, and Clause 13.  As per clause 39, page 76 of the Pastors Handbook every Presbyter-in-Charge of a Pastorate shall send each year by the 31st March Returns, authenticated by his signature, of the entries in the register of Marriages solemnized at any place where he has any pastorate charge, in the prescribed form, to the Diocesan Registrar.  If in any Pastorate under the care of a presbyter no marriage has been solemnized during the past year, then a "Certificate of no Occurrence" according to the prescribed form shall be sent to the Diocesan Registrar.

As per Indian Christian Marriage Act, 1872 all marriages hereafter solemnized in Indian between persons one or both of whom professes or profess the Christian religion, except marriages solemnized under  Part V or Part VI of this Act shall be registered in manner hereinafter prescribe (Clause 27, Part IV of the Indian Christian Marriage Act, 1872.  Clause 28, 29 and 31 of Part IV of the Indian Christian Marriage Act, 1872 applies to the presbyters of the Church of North India.  Under clause 34 it is mandatory for the person solemnizing the marriage send the certificate within one month from the time of the solemnization to the Marriage Registrar of the district in which the marriage was solemnized, or there are more Marriage Registrar General of Births, Deaths and Marriages.  While solemnizing marriages if we follow all that are required under the Indian Christian Marriage Act, 1872 the marriage so solemnized is recognized as registered.

The diocesan Secretaries should ensure that all records are maintained at the Pastorate and Diocesan level of every marriage conducted within their jurisdiction and the annual returns are filed regularly with the Sub-divisional/district registrar. If any of our Presbyters and/or Pastorates facing any problems in terms of maintaining records and filing returns they are welcome to contact us in the Synod Secretariat.