Canon Law On Marriage in India - Hudaya Canon (Nomocanon)

Hudaya Canon (Nomocanon)

However, neither the Code of Canon Law nor the Code of Canons of the Eastern Churches, are applicable to the Jacobites, though they are also Syrian Christians. The personal law of Syrian Christians belonging to the Jacobite Church and the Malankara Orthodox Church is contained in the Hudaya Canon which is also known as Nomocanon. Both groups admit that the Canons are contained in a work by name Hudaya compiled in Syrian language by Bar-Hebreaus, in the 13th century. But they have produced two different versions of the work and the High Court of Kerala found that there was no independent evidence on the basis of which the rival claims on this point could be adjudicated. This decision of the High Court of Kerala was appealed against and even the decision of the Supreme Court has not finally settled the issue. ( See Most. Rev. P.M.A Metropolitan and ors. V. Moran Mar Marthoma and ors A.I.R 1995 S.C 2001. Para 46 to 52).

Thus, different Codes of Canon Law came to be applied to different denominations of Christians in India. And in the administration of justice they came to be applied by the Courts. At the same time Syrian Christians continued to follow their customs and traditions which were not in conflict with the laws of the church and the State did not intervene in these matters by way of legislation to regulate the same. However, in British India, the Indian Divorce Act of 1869 and the Indian Christian Marriage Act of 1872 were enacted.