Church marriage annulment invalid: Supreme Court of India
#5
(07-06-2016, 02:37 AM)francisco Wrote:
(07-05-2016, 10:08 PM)PrairieMom Wrote: It would make sense that if their marriages were recognized by the secular courts, they would also need to petition the same secular courts to dissolve the marriage. I'm reading that it was common practice that they weren't doing this, but just having the marriage annulled?

Yes, the state only recognizes marriages undertaken before the Civil Registrar. So, for all legal purposes, one has to get married "civvily." This Civil Marriage has nothing whatsoever to do with marriages conducted by religious bodies. It makes sense that if you get married at the Civil Registrar's office then it can only be that office which has the power to end the marriage.  If one only has a Church marriage, then as far as the state is concerned, you are not married and you can have as many annulments as the Church will grant you.

So then my next question is, what is the common practice in India? Is it like Italy, where your church wedding and civil wedding are separate (most couples are married civilly Friday, then have their church wedding Saturday), so it's possible to have a church wedding that is not civilly recognized,  or is it like North America where priests have the power invested by the state to have cocurrent secular and church weddings, with a single act being registered both with the church and the government?

Reading the article, it sounds like the lawyer was arguing that the state didn't have power over Catholics, but if the marriages are in fact civilly recognized then that's untrue. It's unclear what exactly the case is in India and how the responsibility are parsed out. With the diversity in India, it would make sense to me that there is some central civil registry for marriages, or else they're at least moving that way. How else could you keep track of it? It would be an administrative nightmare.

See, there's also the flip side of that. In North America, you can only have one legal spouse - subsequent "marriages" without the civil dissolution of a prior marriage are considered bigamy even if those subsequent marriages are only "religious" marriages. That's what goes on in places like Bountiful, BC. So "religious only" marriages carry weight even if they aren't civilly recognized, or else how can they be charged? You can, however, have a new common-law partner even if you have a legal spouse somewhere else, but as so long as a "marriage" is not undertaken it's not bigamy, for some weird reason (even though common-law partners have nearly equal standing under the law, at least here).
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Re: Church marriage annulment invalid: Supreme Court of India - by PrairieMom - 07-06-2016, 01:57 PM



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