2. Christian Personal Law
Christian law, as a branch of personal law, is primarily applicable to the Christian community.
In India the Christian law is governed by the provisions of Indian Christian marriage act 1872.
the Indian divorce act 1869, and the concerts Marriage dissolution act 1936.
Christian law deals with matters such as marriage, divorce, succession, adoption etc....
3. Marriage
In India Christian marriages are governed by the Indian Christian Marriage Act of
1872.
It extends to the whole of India except in the state of Travancore-Cochin, Manipur
and Jammu and Kashmir.
Under the Christian Marriage Act, marriages can be solemnized by a minister/priest
in a church. After the marriage the priest registers the marriage and issues a
marriage certificate.
Now Supreme Court of India has ordered the compulsory registration of all
marriages in India, irrespective of the religion.
A marriage, which has already been solemnized by a priest in the church can also be
registered by a registrar of marriages .
4. Indian Christian Divorce Act
The Indian Divorce Act deals with divorce among Christians.
Roman Catholics do not come under the purview of any divorce proceedings since the
Roman Catholic Church has not recognized divorce.
The Divorce Act also does not contain any provision for divorce by mutual consent.
Maintenance: During the period when the divorce case is in the court, the husband has
to give one fifth of his salary for the maintenance of his wife. Later, maintenance can
be given either yearly or once for all as total settlement.
Custody: Custody of the child is decided by the court after going into the details of
each individual case.
5. Divorce
Both husband and wife can seek a divorce on the
grounds of,
Adultery
Cruelty
Desertion for more than seven years
Insanity for more than two years
Incurable leprosy for more than two years
Conversion to another religion
Willful refusal to consummate the marriage
Not being heard of for 7 years
Venereal disease in communicable form for two years
Failure to obey the order for restitution of conjugal
rights.
However, the wife has been
permitted to sue for divorce on
additional grounds if the husband is
guilty of:
• Rape
• Sodomy
• Bestiality
• Bestiality
6. ADOPTION
Christians in India can adopt children by resorting to Section 41 of the Juvenile
Justice (Care and Protection of Children) Act 2006
read with the Guidelines and Rules issued by various State Governments.
7. Law of Inheritance for Christians
Christians have varied laws on succession and familial relations. The rules for
succession among the Christians has been codified under the Indian Succession Act,
1925, while on the other hand customary practices also have an influence on the
principles of inheritance.
Estate
All property owned by an individual, irrespective of the mode of acquisition, the) mode of
acquisition is treated as the individuals’ self-acquired property and is free to dispose-off
the same in any manner during his lifetime.
In case the property has not been disposed-off by way of will, then the same shall
devolve upon his / her successors and heirs upon his death.
Properties or money given by the interstate to a child for his / her advancement in the
life would not be considered at the time of distribution of the intestate’s wealth /
property.
8. Descendants & Rules of Inheritance
The laws of inheritance applicable to Christians are same for both genders. The property
of a person dying intestate is bequeathed to the spouse of the deceased , or upon those
who are kindred of the person deceased. Chapter II of the ISA provides for the order and
the concerned rules for the devolution of the estate and the share to be allotted to the
heirs. The ISA provides that a widow is not entitled to the property if by a valid contract
made before the marriage she has been explicitly excluded from the distributive share of
her husband’s estate.
The term ‘lineal descendants’, as described under the ISA, includes children or children’s
children and only those born out of a lawful marriage, thereby excluding relations such
as daughter’s illegitimate son or a son’s illegitimate daughter or any other illegitimate
issue as such illegitimate children are not considered children by the provisions of ISA. If
an intestate has left a widow and also lineal descendants, 1/3rd of the estate shall
devolve upon the widow and the remaining 2/3rd shall go to the lineal descendants. If
the intestate has left behind a widow and does not have any lineal descendants, but has
left behind persons who are kindred to him, the property would be divided into halves,
one would divulge to the widow of the intestate and the other half would divulge to the
kindred. However, in case the intestate has left no kindred, the whole property would be
inherited by the widow. (If no one then widow to get ½ share and kinder ½ share)
In cases where an intestate has no child, but only has grandchildren and no other
remote descendent, the property shall go equally to the all the grandchildren.
