Essentials for Solemnization:

  1. One of the parties must be Christian.

  2. Compulsory Monogamy: A second marriage is void.

  3. Person of opposite sex: The most elementary biological reason; same sex is nullity.

  4. Age of Marriage: Even if solemnized by Church, a minor is a person who has not completed 21 years and is not a widow/widower. Under Section 60, the age must be 21 years for a man and 18 years for a woman.

  5. Marriage within prohibited degree of relationship: Section 88 lays down that if personal law forbids it, the marriage will be invalid and cannot be validated.

    • Case law: Veena James v. Kewal James: Marriage with wife's sister after obtaining dispensation from authority held valid.

  6. Section 4 enumerates authorities which can solemnize Christian marriages in India: Minister of church, clergymen of Church of Scotland, Minister of Religion, Marriage Registrar, or any licensed person.

  7. Time: Every marriage must be solemnized between the hours of six in the morning to seven in the evening.

    • Exceptions: 1) Clergymen of Church of England on special license by Anglican Bishop. 2) Clergymen of Church of Scotland. 3) On special license by Roman Catholic Bishop.

  8. Place: No clergymen of the Church of England shall solemnize a marriage in any place other than a church (unless no church is within five miles or unless a special license is received from the Anglican Bishop).

  9. Witnesses: Under Section 25, there should be at least two witnesses besides the minister.

  10. Penalties: Under Sections 68 and 69, penalties are imposed if solemnization is done without due authority, or without proper time, place, and witnesses respectively.