Friday, March 16, 2012

Indian Christian Marriage Act, 1872

"Therefore what God has joined together, 
let no one separate.” (Mark 10:9)
                                                          C.L. JOY, STATE VICE PRESIDENT,
                                                          KERALA CATHOLIC FEDERATION
According to the Indian Christian Marriage Act, 1872 if the bride and the groom gives notice to the Parish Vicar of their intention to get married, the vicar, after properly notifying it and in the absence of valid impediments, should solemnise the marriage, failing which he is liable to penal action under the Act ibid. The General Canonas of the Thrissur Arch Dioces requires that the Vicars of the bride and the groom should exchange 'Kettu Kuri' after completing the required formalities. Common sense and natural law requires that any formality/obligation should be transparant and intelligible to the common man. These should not be arbitrary or capricious. If the Vicar takes an arbitrary dicision not to solemnise the marriage flouting the Canonas of the Church and the provisions of the Marriage Act, the action of the priest can be challenged in a court of law for appropriate remedy. If the Vicar is doing this for extorting money from the interested persons, the act amounts to 'extortion' under Section 383 of the Indian Penal Code. "Whoever intentionally puts any person in fear of any injury to that person, or to any other, and thereby dishonestly induces the person so put in fear to deliver to any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits "extortion". This is punishable under Section 384 of the IPC (RI for 3 years & fine). Civil court can also be approached for appropriate compensation for mental agony. The parties can approach the Arch Bishop/Major Arch Bishop, but do'nt expect much from them, because they also belong to the same catogory and may manifest the 'teritorial ego'. Many of the catholic priests in Kerala are pshysic perverts because they stay in the unmarried state against their will. They entertain jelousy towards boys and girls who are lucky to get married. To cure this desease, the Major Arch Bishop should lift the compulsory clerical celibacy as is in the Ukranian Catholic Church. The legal community, social activists, Canon Law experts, enlightened liaty and the right thinking clergy should make this a point for discussion. The boys and girls intending for marriage should not be left to the whims, caprices and fancies of perverted clergy. "Therefore what God has joined together, let no one separate.” (Mark 10:9)

No comments:

Post a Comment