The question (10 marks)
"A and B, both Christians, were married in 2019 by a priest of the Roman Catholic Church who had received episcopal ordination. A was then twenty years old and her father's consent was never obtained; the parties are also first cousins, their mothers being sisters, though the Church granted a dispensation before the ceremony. The marriage has broken down and both now wish to end it at once by consent." Advise A on the validity of the marriage and on the reliefs open to the parties.
MU problem pattern on Christian marriage and divorce; built on the Unit 3 chapters, the 1872 and 1869 Act texts, and the Lakshmi Sanyal and Reynold Rajamani readings.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 3 · Parsi and Christian Marriage and Divorce of Family Law I (Muslim, Parsi and Christian Law; Indian Succession Act).
Authorities you will need
- Indian Christian Marriage Act 1872, ss. 4, 5, 19, 77, 88
- Divorce Act 1869, ss. 10, 10A, 18–19
- Lakshmi Sanyal v Sachit Kumar Dhar (1972)
- Reynold Rajamani v Union of India (1982)
- Pragati Varghese v Cyril George Varghese (1997)
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.