The Marriage Act of 1872, also known as the Indian Christian Marriage Act, outlined the conditions and regulations for people in India who did not profess traditional native Indian religions. This act was designed with mostly Christian marriages in mind. Christian marriages in India had previously been governed by an assortment of British and Indian laws. The act streamlined this complicated arrangement and specified the requirements for various aspects of the wedding ceremony. It also set the age of consent for native Christians. Marriages in which only one spouse was Christian were still controlled by this act. This act did not specify the conditions for ending a marriage since this issue was already covered by the Indian Divorce Act of 1869. 

Haimabati Sen references this act in her autobiography. She relates how the daughter in a Brahmo Samaj family she knew married according to Hindu rites, angering her family. In order to resolve the conflict, they decided to register the marriage under the Marriage Act of 1872 since, as Sen explains, “to marry under this act the parties had to declare that they were not Hindus or members of other established religions.” (233) Again, this illustrates the outsider status of the Brahmo Samaj within Hindu society. Like Christians, they can be covered by the Marriage Act of 1872 because they are not considered a traditional, established Indian religion like Hinduism, Jainism, Sikhism, etc. 

Citations

“Christian Law Regarding Marriage and Divorce in India: Indian Christian Marriage Act, 1872.” Legal Service India - Law, Lawyers and Legal Resources, www.legalserviceindia.com/legal/article-1764-christian-law-regarding-mar...

“Christian Marriage Act: Aspects Regarding the Christian Marriage Act.” Toppr, 27 May 2019, www.toppr.com/guides/legal-aptitude/family-law-I/christian-marriage-act/.