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Clause 1. While the Church is autonomous
and has its own marriage laws, 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.
Clause 2. The Church of North India
declares its belief that our Lord's principle and standard of marriage is a
life-long and indissoluble union for better or for worse of one man with one
man with one woman to the exclusion of all others on either side.
Clause 3. Every Bishop of the Church and
every Presbyter of the Church holding the authorization of the Bishop shall, ex-officio,
have authority to solemnize marriages in the Church. Deacons may also be
licensed by the Bishop of a Diocese to solemnize marriages.
Clause 4. The Synod shall have power to
make general rules with regard to the solemnization of marriage.
Clause 5. The laws in operation in the
uniting Churches at the time of union with regard to prohibited degrees of
consanguinity and affinity shall remain valid until otherwise decided by the
Synod. But no minister of the Church who has conscientious objections to
solemnizing a marriage on grounds of such degrees shall be compelled to do so.
Clause 6. The Bishop of the Diocese shall
have power to suspend or modify in special case, if there seems good cause, the
strict letter of the law with regard to marriages prohibited on the ground of
consanguinity or affinity.
Clause 7. The Bishop of the Diocese and
the Diocesan Committee appointed for this purpose shall make decisions in the
light of such general directions as may from time to time be issued by the
Synod of the Church, which shall appoint a Standing Committee to deal with
questions relating to the marriage law of the Church and the administration of
the law.
Clause 8. (a) It is the rule of the Church
that no minister of the Church of North India may solemnize the marriage with
any other person of either of two persons who have been married together as
Christians or having been married together as non-Christians have been received
into the Church as husband and wife, so long as thc{other partner to the
marriage is living, and any member of the Church who contracts such a marriage
shall be 'liable to the discipline of the Church.
Clause 8. (b) Notwithstanding what is
stated in 8 (a) the Christian Church has always recognized that there are
circumstances in which the ideals of Christian marriage cannot be attained at
once, and that there are special cases in which the law of the Church should
not be applied with rigidity lest greater evils follow. In such cases,
therefore, the Bishop of the Diocese, in consultation with the Diocesan
Committee appointed for the purpose, acting in accordance with such general
directions as may have been laid down by the Synod of the Church and after due
investigation of all the circumstances of the individual case, shall have power
to modify the strict letter of the law of the Church in sanctioning the solemnization
of marriage, or to relax the discipline of the Church on those who contract
such marriages.
Clause 8. (c) But no minister of the
Church is permitted to solemnize a marriage which is forbidden by the general
law of the Church without such special sanction by the Bishop of the Diocese,
and no minister who has conscientious objections to solemnizing any such
marriage shall be compelled to do so.
Clause 9. No minister of
the Church may solemnize the marriage of a Christian with a non-Christian. The
Bishop of the Diocese, however, may in special cases permit after due
investigation the marriage of a Christian with a catechumen.
Clause 10. The detailed
rules framed by the Synod for the solemnization of marriage shall be made so as
to secure:
(a) that there be no impediment under the
laws of the Church;
(b) that there be proper publicity;
(c) that the rights of the guardians of minors be
safeguarded; (d) that marriage be properly registered.
Nevertheless the
Synod may make provision for the issue of marriage licenses whereby for due
cause marriages may be solemnized without the publication of notices or banns
under condition (b) above.
Clause 11. The following
elements shall be included in any service for the solemnization of marriage used
in the Church of North India.
(a) A declaration
by each of the parties that they know of no impediment why they may not be
lawfully joined together in marriage, or assent by each of the parties to such
a declaration read by the minister solemnizing the marriage, or a charge by the
minister that if they know of any such impediment, they should confess it, and
further a charge by the minister that if any person present know of any such
impediment he should forthwith declare it.
(b) Assent by each
of the parties to questions by the minister whether they purpose to live
together in Christian marriage.
(c) The
solemn plighting by the parties of their troth to each other in words spoken by
each to the following effect, I, A.B. in the presence of Almighty God take, C.D., to be my wedded
wife (or husband) till death us do part, according to God's holy ordinance.
(d) The
placing of a ring upon the woman's finger by the man or the use of some other
visible and permanent symbol, recognized by the Church.
(e) Declaration by the minister in the name
of the Holy Trinity that they are husband and wife.
(f) Prayer and blessing by the minister.
Clause 12. There shall be a
Service of lessing on Civil Marriages from which the part dealing with the
legal contract is omitted, and this Service shall be used for persons, who,
having already contracted a Civil Marriage might otherwise according to the provisions
of this Constitution have been married in Church.
Clause 13. Diocesan
Councils shall frame rules for the maintenance, safe custody and regular
inspection of registers of marriages.
Clause 14. In each Diocese
a Marriage Law Committee may be appointed to advise the Bishop on all matters
connected with the marriage law of the Church.
Clause 15. Registration of persons
under Section 9 of the Indian Christian Marriage Act (XV of 1872).
In view of the fact that under Section 74
of this Act, second paragraph it is incumbent on such persons to grant
certificates of marriage to any who may legally marry one another, whether such
marriages be in accordance with the law of the Church or not it is inadvisable
that as a general rule ministers of religion should be licensed under Section 9
of the Act. Since, however, it often proves necessary for the power of
solemnizing marriages without licence or long notice to be exercised in
primitive communities, it is advisable that certain lay persons should be
licensed under Section 9 of the Act and that a small number of ministers should
be licensed when circumstances make this advisable.
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