Church marriage annulment invalid: Supreme Court of India
#9
(07-06-2016, 02:59 PM)MagisterMusicae Wrote:
(07-06-2016, 02:45 PM)PrairieMom Wrote: Thank-you for clarifying that. What a strange system! In light of that explanation, then yes it seems odd that the courts would do what they did. Is there maybe a call to move things towards a standardized system?

It's not an horrifically strange system, necessarily. Something similar would have to happen in a Catholic state, since the State has no jurisdiction over the marriage of the Baptized. A logical Catholic constitution would leave Canon Law to govern marriage. The State would enforce related laws (e.g. adultery) based on the Church's judgement of a marriage, but would not actually judge the marriage at all.

The State would, however, have to regulate the marriage of the unbaptized (who were not entering a mixed marriage), since the Church has no jurisdiction over merely natural marriages. That would include setting impediments, granting annulments, granting separations (but not what we call divorce), dispensing impediments, etc.

In effect, that would create a Personal Law system for marriage, but it would be simple. The State would defer to the Church for Christians, and regulate non-Christian marriage without any reference to any false religion.

The Indian decision however, is probably related to an increased anti-Christian, pro-Hindu attitude of the Indian government which has been happening for a while now.

Yes, based on your description I could see it would function in a Catholic state. However, India is highly pluralistic, and I find it odd that such a system would develop in that environment, especially considering their colonial heritage.
Reply


Messages In This Thread
Re: Church marriage annulment invalid: Supreme Court of India - by PrairieMom - 07-06-2016, 03:43 PM



Users browsing this thread: 1 Guest(s)