Validity of marriage
rea
(Querist) 10 July 2014
This query is : Resolved
My mom and dad are christians. They got married in parassala, kerala. It was register marriage. Their wedding was not solemnised in church. My father passed away recently. Our relatives now claim that since my parents' wedding was not solemnised, it is not valid per indian christian marriage act. But I have read online that this act does not apply to places which were once under the feudel state of travacore. Is my parents' marriage valid? is there any court judgement or authority regarding similar cases?
Devajyoti Barman
(Expert) 10 July 2014
SORRY DECISIONS ARE NOT SUPPLIED HERE.
CONTACT LOCAL LAWYER.
Lawyer SALEEMA
(Expert) 10 July 2014
The British-Indian administration had brought in a centralized law called Indian Christian Marriage Act in 1872, applicable to the whole of India.
However, territories that were part of the State of Travancore-Cochin, Manipur, and Jammu and Kashmir before November 1, 1956 were excluded from the law.
ajay sethi
(Expert) 11 July 2014
we dont provide citations
P. Venu
(Expert) 11 July 2014
Your parents had lived as husband and wife and had been so recognized by the society. The relatives have no locus at this stage to raise a dispute.
By the way, in which context they are raising the dispute?
Raj Kumar Makkad
(Expert) 12 July 2014
None has a right to raise a question mark at this stage and one who accuses, must have to prove. Don't care for them.
T. Kalaiselvan, Advocate 
(Expert) 13 July 2014
The objections made by your relatives about the sustainability of the marriage between your parents can be seen as their ban intention with some ulterior motive. In fact the Indian Christian Marriage act, 1872 is not extended to the states of Travancore and Cochin. A state amendment of Karnataka to the Indian Christian Marriage act reads as follows:
As per the provisions contained in the Act, the marriage must be performed in a particular form duly entered in the Marriage Register, maintained for this purpose. The factum of marriage can be proved by producing the entries from this register. Other evidence can also be produced for this purpose. Version of the eye witnesses to the marriage, subsequent conduct of the couple living as husband and wife, can also be a good piece of evidence to prove the factum of a Christian marriage.
2 Admission of either spouse is a relevant factor to prove the factum of marriage.
A Christian Marriage can also take place at the house of the bride's mother and in that case the signing of Marriage Register is not essential under the Act.
