What are the legal requirements and conditions under Section 4 and Section 5 of the Indian Christian Marriage Act, 1872, for the solemnization of a Christian marriage in India, including the issuance and publication of a notice of intended marriage, the role of consent, age, and absence of lawful impediment to the marriage?

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Section 4 of the Indian Christian Marriage Act, 1872

  • One of the parties involved in the marriage must have lived in the area where the marriage is to take place for at least a month before the notice of intended marriage is given.
  • A notice of intended marriage must be given to the Marriage Registrar of the district where at least one party has resided for not less than one month.
  • The notice should be written in English and should contain the names, addresses, age, and profession of the parties intending to get married. It should also state that there is no lawful impediment to the marriage.

Section 5 of the Indian Christian Marriage Act, 1872

  • After receiving the notice of intended marriage, the Marriage Registrar should keep it in his office and also put it up in a conspicuous place in his office.
  • If either party is a minor (under 21 years for boys and under 18 years for girls), the Marriage Registrar should not issue a certificate until after fourteen days and unless he has received a written consent from the guardian of the minor.
  • If there is no lawful impediment to the marriage, and if the requirements of Section 4 have been met, then the Marriage Registrar can issue a certificate of marriage.

Consent, Age, and Lawful Impediment

  • Both parties must give their consent to the marriage. They should not be under any sort of compulsion or influence.
  • The legal age for marriage in India is 21 years for males and 18 years for females. If either party is a minor, the consent of the guardian is required.
  • There should be no lawful impediment to the marriage. This means that neither party should have a spouse living at the time of marriage, and they should not be within the degrees of prohibited relationship.