Vincent Bagul, Mumbai

Sometimes, a tricky situation takes place. The Civil Court grants annulment or divorce, but the Ecclesiastical Tribunal does not pass a decree of nullity. Then the parties have to leave Christianity and marry outside. In some Dioceses, the Judicial Vicars keep the proceedings of the Tribunal on hold till the outcome of the Civil Court. Some priests and nuns have also started Legal Ministry. They also create divisions and bitterness in the community by taking sides. Hence, the dangers of Legal Ministry should be discussed.

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Stany, Kumta

Can a catholic marriage be annulled on medical grounds. My marriage was as per the catholic church (canon law)and not a registered marriage

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joegonsalves, Mangalore

Congratulations Clarie and Ivan on your initiative. Earlier Clarie had done a great job in the matter of the amendment in respect of tax on gift deeds. Here again he has taken up a good cause.

I agree with suggestions made by Mr. F. Gonsalves that everything possible should be done by counsellng couples to come together. However if all efforts fail it is fair that the marriages be annulled. If law accepts the catholic marriages as legal it is expedient that annullments should also be accepted as legal.

It is my sincere hope that Mr. Moily takes this up at Parliament level and passes necessary orders duly modifying Sec.404.

Joe Gonsalves

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E. Frank, Bantwal/Rome

In the Roman Catholic church there is neither divorce nor annulment there is, however, declaration of marriage nullity, i.e, church tribunals that the marriage was null from the time it was contracted. The church tribunals can the nullity of marriage based only on those grounds already established in the Code of Canon Law.
Although many use the term “annulment” to mean “declaration of nullity”, it can nonetheless, be misleading, as it means nullifying a valid marriage, which the church cannot do, marriage being a sacrament.
The civil law validating the church declaration of nullity, as it does in the cases of religious marriages, will certainly be a great relief, as it would not only avoid another process and expenses but also uphold the religious values. However, since the church declaration of nullity does not include the division of property, custody of children and their expenses, unless they can be amicably settled, the matter needs to be addressed by a civil court. My suggestion is, where there is no amicable settlement, as is the practice in some western countries, the civil court upholds the ecclesiastical sentence and proceeds with matters that are civil in nature: division of property, custody of children and their expenses.

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cyril mathias, udupi

As per christian faith, marriage takes place once in a life time.There is no divorce but annulment of marriage on various grounds.The canon law pertaining to marriage annulment is ancient and outdated.What was right in the sixteenth century need not be right now.The law must be amended or modified to suit the present family challenges.Fornication and adultery have to be proved by the opposite party.The problems between couples have to be handled humanely.

Many suffering couples who go to the Holy church to mitigate their suffering feel that the judicial vicar treats them like a war-lord.The cost of leaving is also very high|.let the authorities be practical and help the people in distress.Time and youth wont wait.If the church does not speed uo the process of annulment,the faithful will go astray. I know many cases who have obtained civil divorce but the church is dilly- dallying and playing with the innocent faithful christians by not giving them holy communion.It is opnly insultig such legally separaed people..Many dioceses do not have a church court,example Shimoga diocese. It is high time for the Church to rectify and ratify its own image.

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Norbert Sequeira, Mumbai

SIMPLE YAAR.
IPC is The Law Of The Land. CANON LAW, if you are a 'Christaun", then then please obey the Laws of the Holy See.
Remember, Canon Laws are not created by man alone. It is delivered by The Holy Spirit when framing the lines.
This exactly what happened during the RENAINNANSE PERIOD. King Henry time, he framed his own Laws. Do you want this to happen.
True, IPC Laws has to be binded, but if you are a 'christavn', then abide silently & do not challenge, what God has made.

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Lawrence, USA

There are no legally enforceable provisions in Cannon Law for child support, alimony, visitation, property settlement, restraining orders, legal separation, conjugal rights during the divorce process etc.? It is better to follow IPC and civil procedure code. Moilly can make civil divorce process easy and faster for acceptable reasons. Church can ratify the civil decree. BTW, Church annulment process is some times tougher than civil process. Many couples end up in limbo!

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Joseph F. Gonsalves, Bannur, Puttur / Mangalore

Divorce and Dowry are mainly utilized only for pleasure. Of course pleasure is required for humans nevertheless men and women have miss-utilized /exceeded the parameters without using common sense, ethical morals, extreme way of life, extravaganza and corrupted minds of the people. Extravaganza and extreme way of life has caused corruption in the society and offices from top to bottom.

Divorce cases can be managed through counseling for the couples rather than breaking. In Christian community there are retired good will of men and women spending their time for the society by counseling. In my opinion divorce cases should not be accepted by the registrars without a letter from the Church authorities. The church lawyers are also conducting counseling to the couples and many have been united without seeking divorce. MARRIAGE IS A HOLY INSTITUTION THROUGH HOLY SACRAMENT AND WITH THE UNION OF BOTH MALE AND FEMALE, THEY BEAR CHILDREN AND A FAMILY IS BROUGHT UP THROUGH LOVE, ETHICS AND MORALS WHICH IS NOT A USE AND THROW DEVICE.

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stan, Mangalore

"Catholic marriage is a sacrament." This is the Catholic belief whether you live in India or anywhere in the world. Divorce is allowed only when certain basic principles of the sacramentality of marriage are not fulfilled, and not otherwise. Hence, the decisions on divorce are neither based on the majority vote, nor on the civic law. Hence, directly approaching a country law for divorce directly questions your faith. Hence your behaviour: whether you live what you believe, or...

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Joseph F. Gonsalves, Bannur, Puttur / Mangalore

Divorce and Dowry are only for pleasure. Of course pleasure is for humans nevertheless men and women have miss-utilized /exceeded the limit without using common sense, ethical morals, extreme way of life, extravaganza have ruined and corrupted the minds of the people. Extreme way of life has caused corruption in the society and offices from top to bottom. Divorce cases can be managed through counseling for husband and wife rather than break. In Christian community there are retired good will of men and women spending their time for counseling. In my opinion divorce cases should not be accepted without a letter from the Church authorities.

The church lawyers are also conducting counseling to the couples and many have been united without seeking divorce. Marriage is a holy sacrament which is a union between both male and female, through union they bear children and a family is brought up through love, ethics, and morals which is not a use and throw device.

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Ethan, Mangalore/Florida

This clearly shows how misinformed some people are, argumentatively I would like to say if you do not want to follow the Christian principles you are free to convert to any other religion whichever that gives you full permission/authority to do so (Divorce), we cannot blame the media for everything the remote control of the TV is in your hands so stop watching whatever that does not suit you, we are in a secular, republic which gives you all the freedom according to the countries law at the same time Christianity is also based on its own laws and commandments which is good spiritually ,morally & religiously!
On what basis are these few persons are acting on the behalf of the entire Christian community, have they taken an vote or did the majority support this decision or are they thinking of making profit by fighting many divorce cases in the name of freedom,.
Especially Catholics undergo many days of compulsory training prior to marriage etc, and you have agreed to be husband and wife in front of the congregation, elders of the Church and the Priest! Does that mean the people who married in the Church are actually living an illicit relationship which is not formalized, even though you have signed the marriage register in the Church which is recognized by the government?
Christians please be the light to the world and do not follow the world!!

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Harold D'cunha, Mangalore, India

One should be first Indian and the religion should be within 4 walls. Respect first the law of the land.
Wish there is one law for all citizens of the country irrespective of religion.

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Alfred Vincent Monis, Bantakal/Kingdom of Bahrain

Indians should follow Indian law.There should be common civil code for all Indian Citizens.We Indians do not need Cannon law.

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Vinson Vaz, Kadri, Mangalore/Kuwait

It is indeed time for the christians in India to be in par with the Indian legal system. Efforts by Mr. Clarence Pais and Ivan D'souza shall indeed be fruitful for a lot of individuals who undergo unrequired stress in the process of divorce. Both the church and the court of law has been tugging at the citizen who has married as per the christian rites, and is in a dilema when there are irreconciliable differences, and has to approach for divorce.

The unified efforts on the part of these two dignified individuals of our fraternity shall indeed bear the desired results. We certainly laud their eforts!

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nagesh nayak, bangalore

WHOEVER LIVES IN THIS COUNTRY SHOULD FOLLOW IPC.

CANON LAW & OTHER LAWS SHOUD BE KEPT ASIDE & SHOULD FOLLOW WHAT IPC SAYS.

BUT ONE THING , MOILY WILL DO WHATEVER CATHOLICS SAYS SINCE MOILY HAS TO FACE ITALIAN WAITRESS .

MOREOVER THEY WANT VOTES IN NEXT ELECTIONS.

GO AHEAD . YEDDE CHANCE .

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Prakash,

Marriage & Divorce should be according to the IPC.irrespective to the religion. may be internally they follow the canon law but eventually its a government certification.It should be same to ALL religions.

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prashan, Mlore/Dubai

Simple solution pepole.If you dont belive in Indian Judicial system then dont register your marriage.get married through canon law and get divorced by canon law.If you register your marriage by as per IPC then divorce should as per IPC.

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Lydia Lobo, Kadri

Aren't we making too much of fuss here ? First of all, the Church Marriage is supposed to be for life-time - no question of divorce. Now that we are grown beyond this practice and divorces do take place, let us ponder :

With due respect to religious ceremonies and reverence attached to it, why do we need a certificate from Church when we know that it is not recognized at government offices ? Instead of making a parallel system, the church must direct her people to register their marriage as per Civil Law while the priest conducts nuptials. We know that the Church does not recognize a civil marriage certificate (it demands solemnizing) and the govt doesn't accept Church Marriage certificate. Modifying our ancient practice to prevailing one will solve all future problems related to divorce and inheritance thus there isn't a need to submit this plea either.

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M.Bhat, Duabi

No body wants to respect & abide the law of the land. Some one wants Sharia law & others wants Canon Law.

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Antony T. D' Souza, Karkala / Qatar

Obviously one has to accept that there should be a conflict between the laws of the country and the private international law – Cannon Law. Does cannon law has a clear guidelines attributed or that which reconciles with various Indian Marriage acts i.e., age limit for the RC marriages or on other similar criteria’s? If yes, are they are strictly honored by the RC Church before the wedding ? If so, only cannon law should be upheld for the divorce otherwise not ! A double-decker bus is not required to put an end to the journey which has already ended by itself.

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Prakash Dsouza, Mangalore

There should be uniform law for all religion which is possible only through constitution. There is conflict between divorce procedure in the court and annulment as per canon law. The court take into many security measures, where as cannon law doesn't. There are many christian denomination, do all they need individual separate law? I think catholic church should abolish canon law and should follow the decision of the court. Today couple live together if there is love and not for sake of law.

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Dexter, Mangalore

O believe me, its far more easier to get a divorce in a civil court than in the Tribunal. One way you look at it, its a good thing that the tribunal does. But the other side of the coin, if one of the party is infidel to the sacred marriage, then the other suffers due to the infidelity.

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