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Mixed Marriage Laws and Pastoral Care

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Title: Mixed Marriage Laws and Pastoral Care

CONTENTS

PREFACE

FOREWORD

AN OVERVIEW

ABBREVIATIONS

INTRODUCTION

CHAPTER I

MIXED MARRIAGES A HISTORICAL PERSPECTIVE

1.1 Mixed Marriages in the Holy Bible

1.1.1 In the Old Testament

1.1.1.1 Prohibiting Attitude

1.1.1.2 Favouring Attitude

1.1.2 In the New Testament

1.2 In the Patristic Teachings

1.3 Early Councils

1.4. Mixed Marriages in the Middle Ages

1.5 From the Reformation period to the 1917 Code

1.5.1 Councils

1.5.2 Papal Teachings

1.61 917 Code of Canon Law

1.6.1 Dispensation

1.6.2 Form of marriage

1.6.3 Pastoral Care

1.6.4 Penalties

1.7 Vatican Council II and Aftermath

3.4 Canonical form for Mixed Marriages

3.4.1 When a Catholic is marrying an Oriental non-Catholic

3.4.2 Dispensation from Canonical form.

3.5 Liturgical Form in Mixed Marriages

3.5.1 The Rite of Marriage

3.5.2 Liturgical form for the Marriage of Catechumens

3.5.3 Liturgical form in the Eastern Churches

3.5.4 Proclamation of the Word of God

3.5.5 Eucharistic Communion to the non-Catholic

3.5.6 Double Celebration of Marriage

3.5.6.1 Double Celebration in Catholic-Orthodox Marriage

3.5.6.2 Ecumenical Marriage Rite

3.5.6.3 Inter-faith Marriages (Disparity of Cult)

3.5.6.4 Civil Effects of Double Ceremony

CHAPTER IV PASTORAL CARE OF MIXED MARRIAGES

4.1 General Preparation

4.1.1 Marital Awareness Programs

4.1.2 Marriage Bureau & Websites

4.1.3 Life-Partner Selection Meet

4.1.4 Matrimonial Columns

4.2 Meeting the Couple’s Request

4.3 Preparation for Mixed Marriage

4.3.1 The Ends and Properties of Marriage

4.3.2 The Non-Sacramental Nature of Inter-faith

4.3.3 Divine Law Obligations

4.3.4 Moral Issues

4.3.5 Preparing the Families of the Couple

4.3.6 Preparing for the Wedding Ceremony

Contents | 13

Approach to an Indifferent Couple

4.5 Betrothal and Publication of Banns.

4.5.1 Betrothal

4.5.2 Publication of Banns

4.6 Celebration of Marriage

4.6.1 Liturgical Celebration

4.6.2 Social Festivity

4.7 Post-Nuptial Pastoral Care

4.7.1 Baptism and Education of Children

4.7.2 Understanding and respect for non-Catholic faith

i 4.7.3 House Visits

4.7.4 Family Prayer

4.8 Role of the laity in the pastoral care of Mixed Marriagesl

4.9 Joint Pastoral Care.

4.10 Ecumenical Training for Pastors

CHAPTER V MIXED MARRIAGE ll\l INDIAN CIVIL LAW

5.1 Matrimonial Laws in India

5.1.1 Subjects of Matrimonial Law

Hindus

5.1.1.2 Muslims

I 5.1.1.3 Christians

5.1.1.4 Parsis

5.1.1.5 Tribals

TheFormof Mixed Marriage and the Civil Effects

Marriage between Catholics and baptized non-Catholics

I 5.2.2 Marriage of Catechumens

Catholics marrying Hindus

Catholics Marrying Muslims

5.5.2.5 Catholics marrying Parsis

5.2.6 Mixed Marriages under the Special Marriage Act, 1954.161

5.3 Religious Conversion and Civil Consequences

5.3.1 Conversion changes the Personal Law

5.3.2 Conversion – a ground for Divorce

5.3.2.1 Under the Christian Law

5.3.2.2 Under Hindu Law.

5.3.2.3 Under Muslim Personal Law

5.3.2.4 Under Parsi Law

5.3.2.5 Under Jewish Law

5.3.2.6 Under the Special Marriage Act, 1954

5.3.3 Conversion and the right of Inheritance

5.3.4 Guardianship and Custody of Children

5.3.5 Adoption

5.4 Convalidation or rectification of Marriage in the Catholic Church

5.5. Dispensation from the Canonical form of Marriage

5.6 Call for a Uniform Civil Code

5.7 Christian Marriage and Matrimonial Causes Bill, 2000.180

5.8 Indian Divorce (Amendment) Act, 20011

5.9 Conveigence and Divergence of Canon Law and Indian Civil Law.

5.9.1 Church’s approach to civil laws

5.9.2 Civil Jurisprudence on Canon Law

CONCLUSION

APPENDIX

he Norms for Mixed Marriages for the Latin Churches in India
Laws on Mixed Marriage in the Syro Malabar Church

Pastoral Guidelines on Marriage between Members of the Catholic Church and of the Malankara Syrian Orthodox Church.

INDEX

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Description

MIXED MARRIAGE LAWS
AND PASTORAL CARE
IN CANON LAW & INDIAN CIVIL LAW
The book laudably analyzes and highlights the canonical and pastoral concerns arising from mixed marriages. It succeeds in not hiding the mercy-centred approach of the Catholic Church under the inspiring leadership of Pope Francis. We are given a guided tour through the various instances of mixed marriages in the Old Testament and the New Testament. After familiarizing with the evolving attitudes including the harsh ones of the Church, both western and oriental, we get landed at Apostolic Exhortation Amoris Laetitia (April 8, 2016) of Pope Francis which invites us to consider mixed marriages not as problems but as strengths and opportunities.
Dr M.P.Raju, Advocate, Supreme Court of India
Every priest engaged in pastoral field will find the book useful to educate the youth on mixed marriages, regarding the personal laws in India with special reference to Christians and to offer pastoral guidance to spouses who are contemplating inter-Church or inter-faith marriages. The Church in India is pluri-ritualand this book, based on both the Latin and the Oriental Codes, is pastorally very relevant and truly beneficial to all. It is an excellent aid and a sure guide to priests, seminarians, spouses and all those engaged in youth ministry.
+ Oswald Cardinal Gracias Archbishop of Bombay & President, CCBI

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