Draft bill on registration of Christian weddings submitted to Kerala govt

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Thiruvananthapuram: The Kerala Law Reforms Commission has submitted to the state government the draft ‘Kerala Christian Marriage Registration Bill’. Among other suggestions, the commission headed by Justice K T Thomas has proposed submission of an affidavit by a couple intending to get married according to Christian rites to a marriage officer in the locality where the ceremony is planned.
The Bill, which intends to create a uniform law covering all Christian marriages in Kerala, was prepared by the panel based on a directive from the state government.
Major proposals
As per the draft bill, the marriage officer would be decided by various Christian churches and the wedding officiated by a priest. Details of a proposed wedding, including the affidavit, would be displayed by the officer on the notice board. In case anybody has an objection to the wedding, it should be informed to the officer within seven days. If there is any reason to postpone the ceremony, it could be done. The marriage officer also can cancel the proposed wedding if the objection is found to be true. According to the draft bill, the marriage officer’s decision would be final in this regard.
Meanwhile, after clearing an application for a wedding, the officer has to arrange the ceremony at the place and time suggested by the bride and groom. In the event of a demand to shift the location, the marriage should be arranged by the officer of the new place.
The Bill says all weddings conducted as per its proposals have to be compulsorily registered and the secretary of the local body concerned would act as the marriage registrar. A separate register will also be maintained for Christian marriages by the secretary. Registration should be done within two months after the ceremony by submitting the certificate provided by the marriage officer, among other documents.
Another proposal in the Bill says that the marriage register should be signed by the bride, groom and two witnesses.
Violations of the law such as conduct of the wedding by unauthorized persons and issuing of certificates by them would invite a prison sentence of three years and a fine of up to Rs 10,000.
The draft also suggests that all weddings held before the law comes into force have to be registered within one year after paying a stipulated fee.
Valid marriage certificate
Presently, no common legislation exists for registration of Christian weddings in Kerala. While the Christian Civil Marriage Act of 1075 is in force in the erstwhile Cochin state, the Indian Christian Marriage Law of 1872 applies to the Malabar area. In the old Travancore area, lying in the southern part of the state, no law exists for Christian weddings.
The Commission says that the draft bill was prepared to ease the difficulties faced by people while emigrating or seeking employment abroad. Lack of a marriage certificate issued by a competent legal authority was hurdle for these purposes, the panel explains.
Christian weddings are currently being registered under the common rules implemented in 2008. However, this procedure has no legal backing.