Christian Personal Law or

family law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...

regulates Adoption, Divorce, Guardianship, Marriage and Succession in

India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...

. The provisions of

canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is th ...

concerning

marriage Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between ...

are recognised as the personal law of

Catholics The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a ...

in India (except in the state of Goa). Marriages of Indian

(except in the state of Goa) are regulated by the Indian Christian Marriage Act, 1872. Christian Personal Law is not applicable in the state of Goa. The Goa civil code, also called the Goa Family Law, is the set of civil laws that governs the residents of the Indian state of Goa. In India, as a whole, there are religion-specific civil codes that separately govern adherents of different religions. Goa is an exception to that rule, in that, a single secular code/law governs all Goans, irrespective of religion, ethnicity or linguistic affiliation.

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.

Divorce

Both husband and wife can seek a divorce on the grounds of, #

Adultery Adultery (from Latin ''adulterium'') is extramarital sex that is considered objectionable on social, religious, moral, or legal grounds. Although the sexual activities that constitute adultery vary, as well as the social, religious, and legal ...

Cruelty Cruelty is the pleasure in inflicting suffering or inaction towards another's suffering when a clear remedy is readily available. Sadism can also be related to this form of action or concept. Cruel ways of inflicting suffering may involve viol ...

# Desertion for more than seven years #

Insanity Insanity, madness, lunacy, and craziness are behaviors performed by certain abnormal mental or behavioral patterns. Insanity can be manifest as violations of societal norms, including a person or persons becoming a danger to themselves or to ...

for more than two years # Incurable

leprosy Leprosy, also known as Hansen's disease (HD), is a long-term infection by the bacteria '' Mycobacterium leprae'' or '' Mycobacterium lepromatosis''. Infection can lead to damage of the nerves, respiratory tract, skin, and eyes. This nerve dam ...

for more than two years # Conversion to another religion # Willful refusal to

consummate In many traditions and statutes of civil or religious law, the consummation of a marriage, often called simply ''consummation'', is the first (or first officially credited) act of sexual intercourse between two people, following their marriage to ...

the marriage # Not being heard of for 7 years #

Venereal disease Sexually transmitted infections (STIs), also referred to as sexually transmitted diseases (STDs) and the older term venereal diseases, are infections that are spread by sexual activity, especially vaginal intercourse, anal sex, and oral se ...

in communicable form for two years # Failure to obey the order for restitution of conjugal rights. However, the wife can additionally sue for divorce on the grounds of: #

Rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or agai ...

Sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sod ...

# Bestiality

Guardianship

Christians in India are governed generally by the provisions of the Guardians and Wards Act (Central Act No 8 of 1890) in matters relating to guardianship of minors in respect of their person and property.

Marriage

Christian Marriage in India is regulated by the Indian Christian Marriage Act of 1872. The Law applies to the entirety of India except for the territories which, immediately before 1 November 1956, formed the states of Travancore-Cochin,

Manipur Manipur () ( mni, Kangleipak) is a state in Northeast India, with the city of Imphal as its capital. It is bounded by the Indian states of Nagaland to the north, Mizoram to the south and Assam to the west. It also borders two regions of Myanm ...

and Jammu and Kashmir. Therefore, the act does not apply to marriages of Christians solemnised in the territories of the former states of

Travancore The Kingdom of Travancore ( /ˈtrævənkɔːr/), also known as the Kingdom of Thiruvithamkoor, was an Indian kingdom from c. 1729 until 1949. It was ruled by the Travancore Royal Family from Padmanabhapuram, and later Thiruvananthapuram. At ...

and

Cochin Kochi (), also known as Cochin ( ) ( the official name until 1996) is a major port city on the Malabar Coast of India bordering the Laccadive Sea, which is a part of the Arabian Sea. It is part of the district of Ernakulam in the state of Ke ...

which now form part of

Kerala Kerala ( ; ) is a state on the Malabar Coast of India. It was formed on 1 November 1956, following the passage of the States Reorganisation Act, by combining Malayalam-speaking regions of the erstwhile regions of Cochin, Malabar, South Canar ...

. The Tamil Nadu Legislature, via its Act No 27 of 1995 Dated 22/09/1995, extended the Indian Christian Marriage Act 1872 to the territories of Kanyakumari District and Sengottai Thaluk which were transferred to Tamil Nadu after the reorganization of Indian States. However, civil marriages among Christians in the former princely state of Cochin are regulated by the provisions of the Cochin Christian Civil Marriage Act 1095 ME. Civil marriages among Christians in the Jammu and Kashmir are regulated by The Jammu and Kashmir Christian Marriage and Divorce Act, 1957. There is no statute regulating solemnisation of marriages among Christians in Manipur, rather

customary law A legal custom is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law". Customary law (also, consuetudina ...

personal law Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage ...

prevails there.

Succession

The Indian Succession Act of 1865 was comprehensively amended and consolidated by the Indian Succession Act of 1925. Neither the Indian Succession Act of 1865, nor the Act of 1925 was to apply to Christians in the whole of India.

References