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Discussion

Consider the following statements and choose the correct answer :

Under The Indian Christian Marriage Act, 1872 :

(I) A Christian marriage can take place at the house of the bride's mother
(II) A marriage even if one of the parties is a Hindu cannot be dissolved by a decree of divorce under Sec-13 of Hindu Marriage Act.
(III) When the marriage is performed beyond permissible hours and outside the church without the special licence is punishable.

Codes :

  • A.Statement I is correct and II, III are incorrect.
  • B.Statements I, II are correct and III is incorrect.
  • C.Statements I, II, III are correct
  • D.Statement I is incorrect and II, III are correct.

Answer: C

The University's key gives statements I, II and III are correct. What could and could not be confirmed: the bare Act was not available to read, so the keyed answer rests partly on the key and partly on secondary summaries of the Act.

Statement I: summaries of the Act say a Christian marriage may be solemnized in a church, in a private dwelling or before a marriage registrar, and a mother's house is a private dwelling, which fits the statement. Statement III: the Act confines solemnization to the hours between 6 in the morning and 7 in the evening (Section 10 in the summaries read), with exceptions for certain churches, and a marriage outside the permitted time or place without the licence the Act requires is an offence, which is the point of the statement. Statement II: the Hindu Marriage Act, 1955 applies to the marriages it governs between Hindus, so a marriage solemnized under the Christian Marriage Act is outside its Section 13 even when one party is a Hindu, and its dissolution lies under the Indian Divorce Act instead; this is reasoned from the two Acts' scope, not read from a source that states it.

Options A, B and D each call at least one of the three statements wrong, so on this reading they fail. The section numbers and the wording of the licence provision were not confirmed.

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