When any Minister of any Church or Chapel of the said 2*** Church refuses to perform such marriage service between any persons who but for such refusal would be entitled to have the same service performed in such Church or Chapel, such Minister shall permit any other Minister in Holy Orders of the said Church, entitled to officiate within the diocese in which such Church or Chapel is situate, to perform such marriage-service in such Church or Chapel.
Simplified Explanation
Key Points of Section 59
- Refusal to Perform Marriage Service:
- If a Minister of a Church or Chapel (likely of the Church of England) refuses to perform a marriage service for any couple, and this refusal prevents the couple from being entitled to have the ceremony in that particular church, the Minister is required to allow another Minister in Holy Orders of the same Church to perform the marriage.
- Permit Another Minister to Officiate:
- If the refusal occurs, the Minister who refuses must permit another qualified minister (one who is entitled to officiate in the diocese of that Church or Chapel) to conduct the marriage service in that Church or Chapel.
Implications of Section 59
- Ministers Must Facilitate Marriage:
- The section ensures that couples who would otherwise be entitled to marry in a specific Church or Chapel are not deprived of their right due to a minister’s personal refusal. The minister’s refusal does not block the couple’s access to the venue, and they are allowed to have another authorized minister conduct the ceremony.
- Protecting Couples’ Right to Marry:
- This provision safeguards the couple’s right to marry in the Church or Chapel they desire, regardless of one minister’s refusal, provided the ceremony can still be performed by another minister within the same diocese.
- Facilitating Religious Discretion:
- While this provision acknowledges the discretion of the minister in choosing to perform the ceremony, it also balances that with the requirement to allow another qualified minister to officiate, thus ensuring that the marriage can still occur within the church, even if the original minister refuses.
Conclusion
Section 59 of the Indian Divorce Act ensures that a minister of a Church or Chapel who refuses to perform a marriage service must allow another qualified minister from the same Church to perform the ceremony. This provision protects the couple’s right to be married in the Church or Chapel, ensuring that refusal by one minister does not prevent the marriage from taking place.
