No clergyman in Holy Orders of the 2’* * * No Church of England 3* * * shall be compelled to solemnize the marriage of any person whose former marriage has been dissolved on the ground of his or her adultery, or shall be liable to any suit, penalty or censure for solemnizing or refusing to solemnize the marriage of any such person.
Simplified Explanation
Key Points of Section 58
- Exemption for Clergymen:
- A clergyman in Holy Orders of the Church of England (or other specified religious bodies) is not obligated to solemnize the marriage of any person whose previous marriage has been dissolved on the ground of adultery.
- Freedom from Legal Consequences:
- Such a clergyman will not be subject to any suit, penalty, or censure for either:
- Refusing to solemnize the marriage of a person whose prior marriage was dissolved due to adultery, or
- Solemnizing the marriage of such a person, if he chooses to do so.
- Such a clergyman will not be subject to any suit, penalty, or censure for either:
- Protection from Legal Action:
- This provision protects clergymen from legal action or any form of penalty if they choose not to perform the marriage ceremony of someone whose marriage has been dissolved for adultery, thus preserving their discretion in such matters.
Implications of Section 58
- Religious Freedom:
- This section acknowledges the religious autonomy of clergymen, particularly those from the Church of England, allowing them to exercise discretion in solemnizing marriages where adultery was the reason for a previous marriage’s dissolution.
- No Legal Repercussions:
- Clergymen are protected from any form of legal repercussions (such as lawsuits or penalties) for their decision to either solemnize or refuse to solemnize such marriages, ensuring that they are not compelled to act against their religious beliefs or personal convictions.
- Social and Religious Sensitivity:
- The provision reflects the social and religious sensitivity toward adultery and the moral stance that some religious bodies may hold in relation to individuals who have been divorced on these grounds.
Conclusion
Section 58 of the Indian Divorce Act ensures that a clergyman from the Church of England (or similar religious bodies) cannot be compelled to solemnize a marriage between individuals where one party’s previous marriage was dissolved due to adultery. It protects the clergy from any legal liability if they choose not to perform such ceremonies, thus recognizing the religious and moral discretion involved in such decisions.
