Legal Status of Canon Law
A careful analysis of the provisions of canon law would show that the above proposition is the accepted position in Canon Law itself (See Canon 1672 and 1152 of the Code of Canon Law and Canon 1358 and 863 of the Code of Canons for the Eastern Churches). By Canon 1108 of the Code of Canon Law, Catholics are bound to observe the form of marriage prescribed by the canon law. The form of the marriage is, therefore, essential to the validity of the marriage, and the canon law impliedly forbids any marriage which is not sacramental as well as a contractual one. Canon law provides that unless the parties marry in the form required by the Church, there is no marriage as required by the law. The form of marriage is part of the personal law of the parties and by reason of section 88 of the Indian Christian Marriage Act of 1872, the personal law applies in such matters (See Eappen Punnen V. Koruthu Maria. 10 T.L.R 95 (F.B). However, canon 1672 and 1152 concedes the right of the civil authority to make laws as to the civil effects of matrimony. Therefore, there is no scope for any conflict between the civil law and canon law.
A Special Bench of the High Court of Kerala has had occasion to dwell upon this aspect in George Sebastian Vs. Molly Joseph (1994 (2) K.L.T 387= AIR 1995 Ker. 16). There the High Court held that personal law, i.e. canon law 'stands clipped to the extent statutory law has stepped' in. The Court laid down: "when the ecclesiastical court grants annulment or divorce, the church authorities would still continue under a disability to perform or solemnise a second marriage for any of the parties until the marriage is dissolved or annulled in accordance with the statutory law in force in this regard." This decision of the High Court was challenged before the Hon’ble Supreme Court. However, the Supreme Court affirmed the decision of the Special Bench of the High Court ( See Molly Joseph Vs. George Sebastian . AIR 1997. SC. 109). This amply explains the position of canon law vis-à-vis civil law.
Read more about this topic: Canon Law On Marriage In India
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