Sarements

Ma"iage Law According to 1983 Code

Introduction: Marriage is the foundation stone of the human society. The Church considers this social institution most sacred because it was instituted by God and was raised to a Sacrament by Christ the savious. The Church protects and promotes the sacredness of marriage through her theology and Canon Law. Vatican 1'1 developed a new theology of marriage and stressed the pastoral dimension of Canon Law in the Church. Several documents are relevant to the theology and law of marriage. The foundations for a new approach were laid in the Dogmatic Constitution on the Church (LG), which proclaimed the dignity of the people of God .It stated that all are called to holiness and married persons have the dignity common to aU Christians and they are called to the same degree of holiness as every Christian. The issue of marriage was taken up in GS nos.47-52.1t is an important development in the Church's understanding of the nature of Christian marriage which is a ~venant " a personal relationship and mutual commitment for eartnership in love and life. It is a reflection of Christ's covenant of redemptive love and is a sacrament of the covenant .The 1983 Code has incorporated these insights of the Council on marriage law. At the same time it has retained the relevant provisions of the old law, cCltain legal categories and concepts (contract, impediments. form, con validation etc.) that the Church has inherited from the past reflection and experience and which have so well served the institution of marriage.

1.Def'mitioD of Terms.

A. Valid and invalid marriage: A valid or an invalid marriage results if at least one of the three         essential legal factors are present or respectively absent:                          1. The procedure for entering a marriage was not observed in its essential requirement                         (Canonical form)                                2. One or both partners are rendered incapable in law for entering the marriage                         (imp~t)                     3. The mutual agreement or CEnsent _was defective due to one or more reasons (defect of                         consent) B. Putative Marriage: A putative marriage is an invalid marriage of which both or at least one partner is unaware in good faith. The legal consequence of a putative marriage is that the children born out of this union are le.qitimate in the same way as those born in a valid marriage. A civil marriage entered by Catholics is considered to be non-marnag~ J,\nd the qualification of putative does not         apply to such marriages.                                   ' C. Attempted marriage: Attempted marriage is an unlawful and legally ineffective marriage attempted by one who does not fulfill one, two or all the three of the basic requirements for the validity of the marriage. To attempt an invalid marriage may constitute a crime according to canon law and the partners could be subject to penal sanctions and legal disqualifications. D. Sacramental and Natural marriage: I.Christian or Sacramental marriage: A Christian or sacramental marriage or a ratified marriage is possible in three ways: i) A maniage between two baptized Catbolies in the Catholic Church. ii) a mixed marriage between a Catholic and a baptized non-Catholic. iii) a marriage between two       baptized ~n-Catholics.--------------------------------------------------------------------- "-             . 2.Non-Sacramental marriage: It results in a union in which one of the partners is not baptized. This situation can occur: i) in a marriage between a C~c and non-baotised partner with a dispensation ftom the disparity of cult~ ii) in a marriage between a baptized non-Cath~lic and non­         bapti~ ~rson; iii) in a maniage between two nOIl-2.aPtised persons.                            ~

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E. Consummated and non-Consummated marriage: Regarding marriages which are consummated or         not, we distinguish the following:                                     1. Ratified and non-consummated marriage: A marriage celebrated validly with two                          baptized persons. A sacramental marriage is a ratified marria&e. In this case the                          consummation has not taken place. (Cf.cc:1061.1142) 2. Ratified and Consummated marriage:. A marriage celebrated with valid consent and the spouses have had sexualintercours~!~~her after the celebration of tmirriage. While consummation is not a constitutive element of marriage, it does make a merely rigidified marriage absolutely indissoluble. (cfcc. 1061,1062,11 056,1141)

Traditionally consummation has been understood to occur when the following three elements take place: c::.rrection of the male penis, 'penetration by it of the female vagina and ~tion within the vagina. In accordance with the thinking of Vat.ll, a fourth elem.q been introduced in this canon, i.e., the physical act of sexual intercourse be performed in a human mannt(f. The accepted meaning for the term, "in a human manner" is this: " For a marriage to be consummated it is necessary that there be a human act on the part of both spouses; it is. sufficient for it to be virtually voluntary, provided that it WM ItA. ""'14""" .hHt'fbh "IHI~lIi,I",. w~ ",..Itjln II! ..I¥~n t" ffH'",., ~_""'h'I",.I..,1 .,,.,"..nt.. which render the act easier or more loving" (Congregation for the Sacraments, circular letter, 20.12.1986) Sexual intercourse forced by a husband against his wife's expressed wish would certainly not constitutive the consummation of their marriage If the contraceptive means affect the act of intercourse itself, then the malTiage would not be consummated whereas it would be if the means did not affect the act. Artificial insemination of the wife with the sperm of the husband or a in vitro joinder of the sperm or ovum with subsequent growth either in the body of the spouse or in some hired gestator (surrogate motherhood) does not constitute legal c~tion Cohabitation of the spouses after the marriage ceremony creates a presumption that the marriage hid been co~ated.

2.Canonical Meaning of Marriage (c.l055)

A Doctrinal Principles: The following doctrinal principles are enunCiated in this canon. The words of the canon are taken almost literally from the Constitution "Gaudium et Spes", no.48 of Second Vatican Council 1. Marri~e between baptized persons is a sacrament. 2. The sign of the sacrament of marriage is a covenant or contract of a special nature.

~b.iect of covenant is a special partnership. which involves the entire life of the contracting

4.The end of this partnership of life is the common good of the &pouses who enter into this &pecial companionship for procreation and education of offspring

B. The essential properties (c. 1 056)

The covenant of conjugal love is endowed with two essential properties: unity ~d indi~olubility.

Unity means that marriage is, by its very nature, a union of one man with one woman. The Book of Genesis describes this unity with the profound expression of "two become one flesh." Unity, therefore. excludes the union of one man with several women (polygamy) as contrary to the very nature of marriage, for in such cases the woman is not made an equal_partner but is left to raise the

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children without the full participation of the man, who cannot give to the woman an undivided heart (will) as implied in the biblical concept of "one flesh."

Indissolubility means the matrimonial bond is pennanent for life. Christ solemnly confirmed this teaching "as it was trom the beginning." It is especially confirmed by the sacramental nature of marriage between Christians, for whom marriage is a sign of that faithful and indivisible bond between Christ and the Church. "Indissolubility is the natural good that corresponds to the plan of the Creator for husband and wife A positive presentation of the indissoluble union is important, in order to rediscover its goodness and beauty. First of all, one must overcome the view of indissolubility as a restriction of the &eedom of the contracting parties, and so as a burden that at times can become unbearable. Indissolubility, in this conception, is seen as a law that is extrinsic to marriage, as an "imposition" of a nonn against the "legitimate" expectations of the further fulfillment of the person on the rest of the society.

C. The Blessings or goods of marriage

From the time of St. Augustine, theology has described Christian marriage with the three bona of offspring. fidelity, and the sacrament. These concepts describe the blessings or gifts that accrue to the spouses and are not to be confused with the notions of ontological ends, which define the essence of marriage.

Marriage exists for the good of the children conceived in the relationship of man and woman. Here we are saying that pffspring is a blessing or gift to the spouses. A new human being with an eternal destination is a good of the greatest value.

Fidelity is the blessing that brings about the effective communio personarum which marriage Ought to be in fact. In Christian marriage, it is Christ who gives the spouses to each other and with it his love for the Church and each individual person in the Church.

The sacrament is then the blessing of divine love to the spouses, which expresses the indissoluble umon, and 10ve.ofChrist. As each Christian who enters into this sacrament comes to participate in that love in a very special way, Christian married life is a way of sanctity.

3.

Pastoral Care of the Maniage and Pre-requisites:

A Marriage Preparation: The Pontifical Council for the Family has issued detailed guidelines on the Preparation for the Sacrament of marriage on 13.5.1996

"Marriage preparation constitutes a provilkntia/ and favourable period for those oriented toward this Christian sacrament, and a Kayrbs, Le., a period in which God calls upon the engaged and helps them discern the vocation to marriage and family life. The engagement period is set within the context of a rich evangelization process. In fact. questions that affect the family converge in the life of the engaged. the future spouses. They are therefore invited to understand the meaning of the responsible and mature love of the community of life and love which their family will be, a real domestic church which will contribute toward enriching the whole Church." There are three stages of preparation"

i. Remote prqxuation: Remote preparation includes infancy, childhood and adolescence and takes place first of all in the fannly and also in-the scnool and fonnation groups, as a valid assistance to the family. This is the period in which respect for all aythentic human valu~ both in interpersonal and social relations is transmitted and instilled, with all this implies for the fonnation ot character,

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self-control and self-esteem, the proper use of one's inclinations, and respect for persons of the other sex. Moreover, especially for Christians, a solid spiritual and catechetical fonnation is also required (No.22; cf. FC 66).

ii. Proximate preparation: Proximate preparation takes place during the period of engagement. It consists of specific courses and must be distinguished from immediate preparation, which is usually concentrated during the last meetings between the engaged and pastoral workers before the celebration of the sacrament. During proximate preparation, it seems useful to provide the possibility to verify the maturation of the human values pertaining to the relationship of friendship and dialogue that should characterize the engagement.

iii. Immediate preparation: If a suitable itinerary and specific courses have been followed and have worked well during the period of proximate fonnation (cf n. 32ss.), the aims ofimmediate preparation could consist of the following:

a) A synthesis of the previous preparation, especially its doctrinal, moral and spiritual content, thus fiUing in eventual gaps in basic formation;

b) ExperienCCLofprayer (retreats, spiritual exercises for the engaged) in which the encounter with the Lord can make them discover the depth and beauty of the supematurallife;

c) A suitable litpr,ncal DreDaratio~ which also envisages the active participation of the engaged, with special attention to the Sacrament of Reconciliation;

d) Good use the canonical talks that are envisaged with the parish priest, so dun ~eryone can get to know one another better.

B. Pre-Nl\Ptial EnQJ.1Uy (c.l067) Pre-nuptial enquiry consists in.enquiring about the coupl~'s state of. '1feedom to marry". The purpose of the enquiry is to establish: a) that there are no impediments or prohibitions against the marriage; b) that both parties are entering the marriage freely; c) that both parties understand the nature and obligations of the married state and are able and actually intend to accept these obligations. The obligatron of making the enquiry falls primarily on the ~sh priest whose special function it is to assist at marriage (e.530.noA) (ef.ee.l0S8, 843.1,213,1066,1069,1070) In case of danger of death when the nonnal pre-nuptial enquiry cannot be made, and if no proofs are available, then the assertion of the parties that they are baptized and ftee of8!'Y impediment is sufficient. (c. 1068)

C. Engagement: (c.l062) it is a formal promise of ~arriage by the partners. It is governed by the partienlllT 11f'~: of the Churches. In India for the Latin Rite, it is governed by the Decree given by the ~CB:L "The CCBI does not enact any particular law for engagement before marriage, but leaves the matter of engagement to the existing practices or to local customs of the community or tribe provided in the judgment of the diocesan bishop or the regional Episcopal Conference these are acceptable to the Church" (approved at Shillong, 1989)

D.

Publication of Banns ( c.l 067) It is the public notification of the proposed marriage. It is also part of pre-nuptial enquiry. The universal liw does not require marriage banns, but leaves such regulations to the Episcopal Conference,- The CCBI decrees, " at least two banns should be published before the rnan1age. They may be read in the Church or they may be PlJt up on the parish notice board. Ordinarily the banns should be published at least two weeks before the marriage." Approved at Kottayam, 1988; for further details, see Pastoral Guidelmes for the Archdiocese of Calcutta)

F. Pennission from Local Ordinary; (c.l071.1) There are number of situations in which the       pennission of the local ordinary is required before any priest, deacon, or other authorized person

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may assist at marriage. While not affecting the validity of the marriage, this permission is necessary for the lawfulness of its celebration. This permission is not required when there arises" a case of necessity'~e., not only the danger of death,..but any situation in which an undue delay could involve a serious pastoral risk. The following are the situations in which the prior permission of the local ordinary is required:                                                                           .

1. A marril\8e of 'VI\gi': Those who have no domicile or quasi domicile are Vagi or transients. [fthe parties have aone month residen"p. i1\ a parisfl, then they need not get the permission (c. 1115) 2. A marriage which Cannot be reco~zed by the civil law or celebrated in accordance with' it. Civil law imposes some impediments such as jurisdictions prior to maniage, lack of minimum age, bl!!Q..d rellWonship, severe mental disorder, adoptive relationship, venereal disease etc. Such civilly prohibited marriages should not be ceiebf8ted bt-the Church without the permission of the local ordinary except in case of necessity. J. A marriage of a person bound by natural obligations towards another party or children. arising from previous union. Natural obligations toward former spouse would include sepous illness or "financial need that may impose some moral ~ation to assist the fanner spouse. There may be "also legal obligation such as the payment of alimony and child snpport. -[0 such situations the "local ordinary's permission is required.  .                 or                                                          ~ 4. A marriage of a Derson who has notoriouslv abandoned Catholic faith. Notoriously rejecting Catholic faith implies that it must be known publicly. It means public rejection, namely, the person has formally joined anoth~gion, or the person no longer considers him or herself a Catholic and this is known by family and mends~. Such a person may be hostile to the Catholic 'faith and pose a danger to the spouse who is a practicing catholic. This type of marriage is treated like a mixed marriage and the declaration and promise of the practicing party and other requirements of c. 1125 are to be observed In case of a person who has not practiced the Catholic faith without notoriously rejecting it, the pennission of the local ordinary is not needed. 5. A marriage of a person who is under censure. Those who are bound by the censures of excommunic$on and interdict are prohibited iTom celebrating or receiving the sacraments and sacramentals (cc.1331.1.no.2; 1332) so, in the case of sacramental marriage of two baptized persons, the local ordinary could not give permission until the censure i~tted 6. A marriage of a minor whose parents are either unaware of it or are reasonably opposed to it. Those who are above the canonical age (16 for boys and 14 for girls and this is universal law) and are minors should be dissuaded from marrying if they are younger than the usual age in the region. The civil law should be consulted and Episcopal Conferences can establish a higher age (c. 1083.2) Except in case of necessity, no minister without the permission of the local ordinary may perform the marriage ceremony of a person und~ 18 whose parents are unaware of it or opposed to it. 7.A marriage to be entered by proxy as mentioned in c.l105.A proxy marriage is one in which one or both parties are represented by someone else who has been mandated in accord with c.ll05.Since proxies are only to be allowed in extraordinaly circumstances. the permission of the local ordinary for such marriages is necessary except in necessity such as_danger of death.

4. Impediments of Marriage

Impediments in General:

A. Im,pediment: An impediment is a legal disqualification of a person to enter a marriage established by divine or human (Church or St~.te) law. The code speaks about 'Diriment Impediment' which is an objective' circumstance affecting a person which in virtue of divine or human law makes that person incapable of validly contracting marriage whether with anyone (e.g. in the case of a person already married to another- c.l085.1) or with a certain person (e.g. in the case of a person related by consanguinity in the direct line to that other person-c.l 091.1 )

impediments are of divine law or of ecclesiastical law. Prior bQl1d, imp~_and cgnsanguinity in the first degree of direct line are considered as impediments of divine law. Other impediments are of ecclesiastical law such as affinity, public propriety crime etc. S'ome impediments are public since their existence can be proved in the external forum either through a public document or through the

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testimony of witnesses (e.g. age, previous marriage, sacred orders, perpetual vow of chastity, consanguinity, affinity, legal relationship). Other impediments are occult, since they cannot be proved in the external forum (such as impotence, ~.e)

Only the Supreme authority of the Church can authentically ~terQret and declare the extension of impediments imposed by law and it belongs to the same authority to establish new impediments. The local ordinary in a particular case prohibits his own subjects and those who are staying in his territory to marry temporarily. Some serious reasons for such prohibition may be: grave immaturity, a hasty engagement due to an unex~ted pregnancy, psychological problems. This prohibitiOn aftects only the liceity not the validity.                                                                                       ~

B.Dispensation: l.Col1lPetent authority: The local ordinary may dispense from the impediments of ecclesiastical law except those whose reservation is reserved to the Holy See. This dispensation can be given to his own subjects irrespective of where they are residing and to any body actually present in his territory. 2.Necessity of reason for dispensation: No dispensation from an ecclesiastical law can be granted without a just and reasonable ~. Otherwise a dispensation from universal law given by the local ordinary is invalid. (c.91.1) When there is doubt about sufficiency of the reason, the dispensation may be licitly asked for and licitly and validly granted (c.90.2)

3.Reserved Impediments: Three impediments are reserved to the Holy See: a) the impediment arising from Sacred orders, i.e., trom the diaconate, priesthood or episcopate. This includes the marriage of permment deacons who may not remarry (when their wives die, or when their marriage is annulled or dissolved) without this dispensation b) the impediment arising from a public perpetual vow of chastity in a religious institute ofpontificaJ right. c) The impediment ofcrime.-                             ~

4.Impediments never dispensed: The impediments of divine law cannot be dispensed not even by the Holy See. The impediments of ~or bond, impo~_and con~lZUinitv in the direct line and in the second degree of collateral line ar.e never dispensed. ~

5.Dispensation in danaer of death: For valid use of the power to dispense in danger of death, it is necessary that the danger probably exists; it need not be the last moment, but the "danger" of death sufficies. The danger may affect only one of the parties, the danger may arise from intrinsic causes such ~ sic~e~ or extrinsic causes such I!.s flood, dangerous surgic~ation, war, and pr~ximate execution. a) Powers of the local ordinary: In danger of death, the local ordinary can dispense from all impediments of ecclesiastical law except only that arising from the priesthnntl With this exception, he can dispense from all reserved impediments mentioned in c.l078.2, including that arising from diaconate, but not from the impediments arising trom precious bond, or trom impediments of consanguinity in the direct line or in the second degree of coUaterailine b) Powers of the pastor, assisting minister, confessodn danger of death, for the peace of conscience or of legitimation of children ort some other reason, the above mentioned ordained ministers may dispense trom the form and from impediments of ecclesiastical law as above, but in cases where the local ordinary cannot reasonably approached.

6.Dispensation in urgent cases: The urgent or emergency situation is possible when: a) Everything has already been prepared for a wedding before the impediment is discovered it means         some substantial preparation s must have been made by the parties.      b ) b) The marriage cannot without probable danger of grave harm be postponed until a dispensation         is obtained trom a competent authority. The grave harm ~an be moral or material and would include such as loss of good name. farnil~issensions, serious tinancialloss etc. ~ The local ordinaty: He may cfispense trom impediments public or occult and in this case the only extra power he has in this situation is over the impediment of crime, which in normal situation is reserved to the Holy See.

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The parish priest, assistins priest or deacon: They can dispense like the local ordinary provided that it be not possible to approach the local ordinary and that the case be an occult one, i.e., not publicly known. The confessor: He too can dispense as above provided that he is confined to dispensing only for the internal forum, whether within the act of sacramental confession or outside it.

Impediments in Particular:

1. ~ (c.1083)A man under sixteen or a woman under fourteen years of age cannot validly marry.

2.Irnpotence (c. 1084). This is an impediment of natural law. It is the inability to have sexual intercourse on the part of the man or the woman. Impotence, which is pennanent existing before the marriage either @solute or relative. renders the marriage invalid. Therefore nullity of marriage can be declared only in the case of antecedent and perpetual impotel!£Y' Sterility, however, is not an impediment and does not impede sexual intercourse. But it could be an invalidating factor in marriage if it is ftaudulently concealed. - Double vasectoIQY does not constitute masculine impotency. - A woman who has an artificial vagina ~rt~ before marriage is to be considered potent. 3. Prior Bond: (c.1085)This is an impediment of divine positive law. One who is still bound by an existing valid marriage cannot contract a valid maITiage. If the prior marriage was null or was dissolved this must be canonicalty established before another marriage can be entered. This binds non­ Cathnlic~.                              -                          -                                                                                 ---..

4. Di&pari~ of Cult:( 1086).This is purely an ecclesiastical impediment. Disparity of cult occurs when a Catholic(baptized in the Catholic Church) or received intOit and one who has not fonnally defected from Catholic faith wants to marry a non-baptised person. - Reception into Catholic Church occuiS when a baptized non.Catholic makes a Ptofession of faith and received into full communion according to " The Rite of Reception of Baptised Christians into full communion with the Catholic Church" - One who has formally left the Church bI. a' (onnal ~, i.e., by joining another religion, or publicly declaring or signing a document attesting that they are no longer Catholic, does not come under this impediment. Such a person if he wants to marry a Catholic, should get the permission ftom the local ordinary and the marriage should be treated like a "mixed marriage" - One baptized as Catholic in infancy and has never been brought up in the faith is still bound by the impediment unless there was some fonnal act taken to leave the Church

While the "mixed marriage", although not an impediment requires the permission of the local ordinary, a marriage between a Catholic and non-baptised person requires the dispensation ftoni the impediment of disparity of cult fTom the local ordinary. In both cases the canonical provisions mentioned in cc.112S-1126 should be observed ....

5. ~ (c. 1087). This is an ecclesiastical impediment. Those who have been ordained deacons. presbyters or bishops cannot validly marry. Three conditions to be fulfilled be fore ~he impediment is incurred: a)The cleric must be validly ordainP-d .b)He must be ordained with full knowledge of the obligations assumed. c)He must "be ordained freely without grave force or fear 1nmcted upon him.A pennanent deacon may not marry after ordination even if his wrfe would die, although a dispensation ftom celibacy is sometimes given by the Pope in such cases. - A cleric who attempts marriage, even if civilly, is ipso facto removed fTom anYL ecclesiastical ~ffice(~.194.1.3).More over he incurs an automatic suspension.(c.1394)                                                   ­ - A dispensation ftom this impediment is reserved to the Holv ~. In danger of death, deacons can be dispensed in accord with c.I079.Priest however may only be dispensed by the Holy See even in danger of death.

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6. Vow of Chasti~: (c.l088)This is an ecclesiastical impediment. The impediment binds perpetually professed members of either clerical or lay religious institutes, whether they are of pontifical or diocesan right. A member of a religious institute who contracts marriage or attempts it even civuiUy,is ipso facto dismissed trom the institute{c.694.1.2) and if a religious in perpetual vows who is not a cleric incurs an automatic interdict(c.1394.2)If he is a cleric, then he incurs the penalties as noted above under the impedUnent ofhofy orders.

7 Abduction: (c.l089)A man who abducts or detains a woman for the purpese ef ft\Qrriagp r-ennot validly marry her at least until she has been treed and willingly agrees to many him. The impediment applies only to the abduction or detention of a woman by a man, not vice-versa. However if a woman abducts a man and compels him to marry her, then it could be invalid on the grounds of force and fear(c.ll03) ­

8. Crime (Coniuiicide): (c.1090) One who causes the death of one's own spouse or the spouse of an intended marriage partner or conspires with that person to kill the spouse of one of them marries invalidly. this 1S an 1mped1ment of ecclesiastical law. There are two degrees of crime which create an impediment: a) A person who with a view ofmanying another kills his or her own spouse or spouse of the other; in this case the other party with whom the marriage is intended may not be aware of the killing. b)When two persons conspire and bring about the death of the spouse of either even without the intention of marrying each other at the time of the crime.

The dispensation of crime is reserved to the Holy See. But in urgent cases and in dan~r of death this can be dispensed by the looal ordi.wu:y atid others &/(Cording to in 00.1079,1080. ~

9.Consanguini~: (c.1091)It means blood relationship between two persons. In the direct line (grandmother, father, daugbeter, grandson etc,) marriage is invalid. It is also invalid in the collateral line (brother, sister, cousin, aunt, uncle etc,) up to and including the fourth degree (first cousins)

In the direct line consanguinity is an impediment of divine law certainly in the first degree and more probably in the other degrees. In the collateral line , it is more probably an impediment of divine law in the second degree. In all degrees of collateral line it is an impediment of ecclesiastical law only. on­Catholics are not bound by the impediment in the degrees in which it is certainly of ecclesiastical law. Local ordinary can dispense from the impediment of consanguinity if it is in the third and fourth degr~ of coUateralline.                                                 r­ lO.Affinity:. (c.l092) Affinity is relationship, which arises from a valid marriage even if not consummated. It exists between the husband and the blood rel\\tives of the wife. aIls! the blood relatives ot the husband Affinity in all degrees of direct line invalidates marriage. For example, a man cannot marry his former wife's mother or daughter nor a woman her former husband's son or daughter. There is no impediment in the collateral; line and therefore a person can validly marry one's brother in law or sister ill law after the death of one~s partner. The impediment is one of ecclesiastical law and the local ordinary may dispense from it.

l1.Public PrQprie~: (c.l093)The impediment is of ecclesiastical law. Those who have lived together in an invalid marriage or in public concubi~e may not many one anotlLer's blood relatives in the first degree of direct line (same example as of affinity).Concubinage exists when two persons live as husband and Wife for the purpose of habitually having sexual intercourse, but the union does not have oven tho appearaneo of mamage. For the impediment to ariM it is necessary that the concubinage be notorious or public, i.e., well known to the community.

12.Adoption: (c. 1093): A legal relationship between persons atises trom the act of kgal adoption by which a person receives as his or her child one who is not by nature. This is effected through civil legislation The impediment of adOption eXists in all degrees of the direct line and in the second degree of the collateral line, e.g., an adopting parent cannot marry the adopted child, nor may the adopted

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child many a brother or sister in the family. ,This impediment may be dispensed by the local ordinary. Unlike Hindus, Christians in India cannot adopt r.hil(:Jr.en. ­

5. Matrimonial Consent:

"Matrimonial consent is an act of the will by which a man and a woman mutually give and accept each other in an iITevocable covenant for the purpose of establishing maniage"(c.1057) Tbe couple must be present together (in person or by proxy) for the exchan~e of consent, (c. II 04), and the internal consent of their minds is presumed to accord with the wor~ they speak (c.IIOl.l) and their matrimonial consent is presumed to continue even if the marriage is~}Lnullfor some.reason (c.llO?)

Over the years, the Church has declared many marriages invalid because of inadequate consent. The canons enumerate eight possible defects of matrimonial consent:

I. Consensual Ine&Pacity: (c. 1 095) The Code which deals with mental illness and psychological disturbances determines which factual situations constitute and incapacity for consent, a juridical cause for the nullity of marriage. There are three juridical types through which this incapacity manifests itself in specific form

a) Lack of sufficient use of reason: Sufficient here means the degree of development and harmonious maturation of the rational faculties, normally acquired by the seventh year of age. Not only are infants affected by this deficiency, but also adults who are affected by a disorder that affects the use of their rational faculties and prevents them trom el1C1tll18...a human act. lhis may be caused by p~chological disorder. or by other transitory or more permanent conditions such as toxic or hyp.potic states, d~ ness, ~mnambulism, drug .addiction, and alcoholim. What needs to be proved in all these cases is lack of sufficIent reason at the moment of givipgc<msent, for this what truly invalidates marriage.

b) Lack of Due discretion of Judgement: This differs from lack of sufficient use of reason because lack of due discretion involves the will and not just the intellect. Due discretion for marriage requires that the intellect makes a mature iud~ment and that the ~sent freely. One's decisions to many should be rational and iI!formed. Moreover, parties to marriage must be able to make at least a rudimentary assessment of the capacitieS of themselves and their spouse, and to decide freely that they wish to establish a ~al and _exclusive community of life with this person, a community that will involve a lifetime of fundamentally faithful caring and sharing.

Lack of due discretion is the person's want of critical faculty. Critical faculty depends on the mature ability to grasp what the marital relationship entails. Besides it depends upon the person's emotional and psychological state. Its absence may be due to: - Sheer immaturity in an adolescent without any serious psychic condition or problem. - Some specially strest,.ful situation, e.g., pregnancy before marriage - A personality disorder, which could be constitutional immaturity. ..-----­

c) Inability to assume the essential obligations of marriage. A person who lacks the use of reason or discretionary judgment concerning marriage is not capable of assuming the responsibilities of the marriage. However a person can have the use of reason and may show sufficient discretion, yet he may be affected with a psychological disorder, which prevents him or her from making a firm and responsible commitment to the essential obligation of marriage. This inability consists of the following: - A true inability to commit oneself to the essentials of mAniAg~ - This inability to commit oneself must refer to the essential obligations of marriage - The inability must be tantarnpunt to psycholo~caI ahnonnAility The mere difficulty of assuming these obligations, which could be overcome bynormal effort, obviously does not constitute incapacity.

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2. Ignorance (c. 1096) Ignorance is the privation or lack of knowledge in a person who is naturally capable of such knowledge. The spouses must know that marriage is a permanent partnership of a3Pecial nature between man and woman, that this relationship is ordered to the procreation of children through sexual cooperation and that this relationship is ~ermanent in nature. If this knowledge is lacking, then marriage is considered to..munvalid.                        ...-­

3. Error about person (c. 1097) Error is a false judKment a bOj1t something or some one and as such is defect of the intellect.

Error of a person: There is error about a person when one of the parties wishing to many a specific, definite person, mistakenly marries another person Consequently, an error about personal identity makes matrimonial consent impossible and marrIage non-ex!stent.

Error of the quality of the person: There is error about quality when false judgment or mistaken estimation is not about the identify of the person, but about one or several qualities t)tat the person possesses. This error does not invalidate oonset\t.                                ­ But error about the quality oftne person may invalidate the consent and consequently the marriage: - If the alleged quality consist of an identifying quality. E.g., if Mary wishes to marry Mr. Smith's son, named John; if John is in actual fact Mr. Smith'!!. n."hew there is an error of identity -If the quality is the direct and the pnnciple aim intended in that I11l1rri~, the quality becomes part of the consent. E.g., a woman wanted to many a rich man; but after the marriage she finds out that he is not rich but in debt; this leads to regular quarrels and finally break down of the marriage. Here the woman directly and principally intended to many only a man with plenty of wealth.

4. FraudlDeceit (c.l098) Fraud or deceit is a deliberate act of <l~ption by which one person hides a significant fact fr9m another to achieve a given end. Fraud can vitiate consent and affect the validity of marriage provided the following elements must be proved:

-The fraud is deliberately perpetrated in order to get consent -The quality is ~ve @d pr~ntJahsent at the time of consent - The quality must be unknoV{D to the othel' party - The discovery of the absence or presence of the quality must precipitate the end of the marriage. ­

5. Error about marriage (c. 1099) Error concerning the unity of marriage would be to regard polygamy or marital infidelity as legitimate. options. Error concerniDg indissolubility would be the belief that civil divorce can end a marriage or that there is no permanent mantal bond which exist even after the spouses have separated and even after they remarried. Error concerning the sacramental digni1¥ of the marriage is the belief that marriage between two baptizes persons is not ipso facto a sacrament. Or that the mariiage between the baptizes is a purely secular affair. AP. long as this error does not affect the will, it does not invalidate marital consent.                                                                                                                                                                                 ~                                                                                                                                                                                                                              ~

6. Simulation (c. 1 101) Simulation means eretention. Simulation occurs when the internal ~ does not correspond with the external gesture or when there is a contradiction between the internal intention of the will and the external manifestation of the consent. We should note that only a positive act of the will. hidden under the simulation invalidates marriage. Mere wishful thought or lack of interest does not constitute positive act of the will. This positive act of the will must exclude certain essential objects related to marriages.

Total Simulation: Total simulation occurs when one or both parties go through the outward forms of marriage without any intentions of really marrying. This situation could occur if one marries merely to inherit a property or to gain social status or to escape a social stillma as in the ca.c;e of pregnancy.    ~                           ,~                                                                       ­

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Partial simulation occurs when one excludes ~e of the es~tial elements or essential properties of marriage. There are three kinds of partial simulation: Intention against children: When a person enters marriage excluding the right to acts which are per se apt for the generation of children, the consent is partial Simulation. Here the exclusion of sexual act open to procreation invalidates marriage Intention agiunst fidelity: If either or both partners in marriage exclude fidelity, which means, having only one spouse as sex partner, then that marriage itipVIIlicl, A marriage would not be invalid merely because one has engaged in adultery, but only if one had intended to be unfaithful at th~ time of marital consent. Intention ~ainst per:petuity. If at the time of the consent, indissolubility is excluded by the positive act of the will of either party or both then marriage ~d,...lt:.a person had the intention to break the matrimonial bond after some period of time, then the marriage is invalid.

7.Condition (c.ll02) a condition is a cir~~lIm!rt"ance attached to a legal agreement on which the validity of the consent depends. Two principles should be kept in mind

- Future condition; A future condition which renders the marriage invalid seriously modifies the ftee gift oJ: self whic~js needed for consent.e.g., one cannot many under such condition such as " I ~ provided you P.ass in your M.Aexamin~tion.                    ­

- Past and present condition: For marriage to be subject to a past or present condition it should be established by a positive act of the will that has not been revoked. A past condition is based on the circumstance that occurred before the consent was given. A present condition is based on the circumstance that occurs at the time the consent is given. In both cases, if the conditions are not met, the marria2e is invalid. For licity, the written eermis.'lion of the I~. ordinaiY is fe9uired to place a past or present condition.                                                                                       '-.­

8. Force or Fear (c. I 103) Force is a physical or moral coercionftom outside the person, which the person cannot resist. Since marriage is made by the ftee~ consent of the partieS, a marriage that is forced against one's will is invl"id. Fear comes from wi~ the pe~n. Marriage contracted with 8f8ve fear makes the marriage invalid. But for this to occur, the fear must meet the following requirements:

- It must ~e wave. - It must be initiated from ~t, that is, by another ~rson. Fear inspired by one' s i~nation would not constitute an external cause. - It must be the principal cause of CFnsent whereby one is coerced to choose magiage to escape from the threat

There is also "Reverential Fear". This is the fear that originates from a relationship of subordination between two persons and from The reverence due to the superior, which could be violated if, the subordinate were to disobey the superior's wishes. If reverential fear exists in fiact and if it is grave and the principal cause of marriage, it jnvlllid!'t~$ consent and the marriage is invalid.        ­

6.Canonical Form

1. Meaning: (c.BOS.I) Canonical Form is the form of officially manifesting the consent of the spouse to each other. It consists in the declaration of the consent bY-parties in the presence of two witnesses before one of the following:.............................................................................. ­ a. Local o~ (c.l34.l-2; 368) b. Parish priest (c.519, 530.4) .....-­

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c. a priest delegated by either of the above (c. 1111 ) d. a deacon delegated by local ordinary or parish priest

The persons mentioned above are not "mpusters", ~ut "official witnesses" who "assists" at the marriage by officially "asking and receivil1g" fTonithe partners the mannestation of consent. ...­

n.Exceptions: The Code makes explicit references to four canons as exceptions.;.

a.

Common Error: (see c.l44) Here the co!!llD°n error or positive or probable d~ubt refers to the delegation of the one to receive the consent in the name of the Church. For example, a priest who trequently assists marriages in a given parish did not have the faculty to bless a marrlaR,.e in a particular case. People would be iI!..duced to believe that he hAil. -the fa~ty, but in fact he did not have. Here there is a common error and the ClJ.urch supplies the faculty.

b. Lay person to officiate at marriage; (c.1112) According to this law, a layperson may be delegated to assist at marriage where there are n~er prie.~tU1or d~cons . The law lays down certain conditions before the bishop can delegate a layperson: a) The Bishops' Conference must have given its approval of this course of action in the given circumstances. b) The permissfon of P1e Holy See nwst be obtained. This faculty to delegate a layperson is given only to the diocesan bishop. ~ ­

The layperson delegated should be a suitable person "capable of giving instruction to those who are getting married and fitted to conduct the marriage liturgy properly" (c.1112.2) If these qualities are missing, validity of the marriage is not affected. The layperson while acting as a qualified witness is in no way exercises the power of governance assigned to the ordained ministers.

c. Extraordimuy form: (c. 1116). The law recognizes the validity of marriages contracted before witnesses alone if a person competent by law to assist at marriage cannot be present or approached without grave inconvenience. This is called eXIDt°rdinRry form of marriage. This is used in two distinct circumstances: 1. Dat\ll.er of death: If one or both parties are in danger of death, i.e., if there is reason to believe that death may occur, then this form is applicable. ii. OutSide danger of death: If there is good reason to believe that no qualified witness will be available fot a month, then also this form is applicable. In either case, if there 'IS another priest or deacon at hand, he is to be called to assist at the wedding. Here the priest or deacon is the one-who lacks"the faCilIty to assist at marriage as official witness. d. DiIiPensations in Mixed marri~ves (c.1127.2-3) In the case of Mixed marriages, the local ordinary has the power to dispense from the canonical form if there is serious difficulty concerning the ~cemthefurm. ­

III. Those who are bound by Canonical Form: (c.lll?) any marriage involving at least one Catholic requires the ~onical folpl for the validity of the marriage in ordinary circumstances. If any member of the Catholic Church should attempt to enter into marriage without the participation of a competent priest or deacon and the presence of two witnesses apart trom the circumstances mentioned in c.1112.1, 1116.1 or 1127.1.2, that marriage will be regarded)'"!!. inVRlisi On the other hand, a person who was baptized and later defected trom the Church by a formal act is oot bound by the Canonical form of marriage.

IV. Place of Celebration: (c. IllS, 1118) The parish Church of the Catholic party whether of the bride or bridegroom is the typical place for the marriage celebration. The couples have a wider choice' of places. The marriage can be celebrated in the parish church where either party has a domicile OL quasi domicile; it may be celebrated in the parish where either party has one month's residence; it may be celebrated in some other suitable place if the permission of theJ9r.R1 Qroinary is obtained. This place could include a hall, a private house or a church belonlUo,;{ to another denomination etc.

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IV Liturgical Rite: (c.1l19) There are four different rites of marriage in the 1990 " Ordo celebrandi matrimonium" The appropriate rite must be followed except in case of necessity, such as danger of death, when the exchange of consent s!Jffices.

V. Registration of marriaie. (c.1121-1123) The minimum details that should be noted in the marriage register are: the name of the 'W°uses., the name of the person who assist~ the names of three witnesses and the date and place...Qf.marriage. Record are also should be made when e~raor@tary ~used, or when the bishop disp_ensed ftom the observance of form. The parish priest seOO notice of the marriage to the parishes where the partners were baptized SQ that it can entered on their         baptismal record (c.1122, 535.2)                                                                                                                                   ~

7. Mixed Marriages

A mixed marriage, or one between a Catholic and non-Catholic is always a pastoral concern to the Church. Consultation of older publications will show that often such marriages were discouraged in the strongest terms. The ecumenical developments, which have taken place since Vatican Council II, have affected some changes of attitude in this regard, mainly in respecting the natural right of the couples to marry and in leaving to them the solution of problems of conscience. It would be less than honest. however, to say that there is no longer any difficulty with such marriages. Provisions of the law have been made more flexible but the inherent tension between two creeds if varying differences remains. Often enough, the husband and wife are able to work things out, each going to his or her own church. But the religious education and practice of the children is something less simple to agree on in good conscience.

The new Code of Canon Law has the following prescriptions regarding mixed marriage:

1. A Catholic, to marry a non-Catholic lawfully needs permission ftom ti!e local bishop.

2. Prior to receiving such permission, the Catholic nwst promise orally or in writing that he (or she) intends to remain a Catholic and will do all in his (her) power to have the children baptized and raised as Catholics.

3. At an opportune time before the marriage, the non-Catholic mmrt be infoTmed of the Catholic's promises.

4. Both parties must be clearly instructed on the ends and essential properties oLmarriage, which neither party can exclude fTW the mSirriagp. This instruction is the responsibility of the Catholic pastor but it may be given by any qualified person with the pastor's permission.

Notice of the Catholic's declaration and promise is an essential part of the application made to a bishop for (I) permission to many a baptized non-Catholic or (2) a dispensation to many an unbaptized non-CatholiC A mixed marriage can take place-with a Nuptial Mass to the extent that Eucharistic sharing is not permitted by the general discipline of the Church, this is to be considered when plans are being made to have the mixed marriage at Mass or not

The ordinary minister at a mixed marriage is an authorized priest or deacon, and the ordinary place is the parish cllUrch of the Catholic party. A non-CathoI1c minister may not ODIy attend the marriage ceremony but may also address, prays with, and blesses the couple. For appropriate pastoral reasons, a bishop can grant a dispensation ftom the Catholic form of marriage and can permit the marriage to take place in a non-C'iitholic church with a non-Catholic minister as the officiating minister or he may allow another public form (a civil marriage ceremony). A priest may attend such a ceremony but may also addresuray with, and bless the couple. It is not permitted to have two religious --------­

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services or to have a single service in which both the Catholic marriage ritual and a non-Catholic marriage ritual are celebrated jointly oU!,!ccessively

8. Dissolution or Marriage (cc.1141-1150)

Dissolution means tennination of the bond and the cancellation of the rights and obli~ations of partnership and fidelity of the spouses. From a valia marriage there arises a marital bond. which is exclusive and perpetual. It is a sacramental bond for the baptized. Such a sacramental bond has tbe essential properties of unity and indissolubility and tbe law states that a ratified and consummated marriage cannot dissolved by any human power or for any reason other than death (c.l141).

However, the Church has the power to dissolve a marriage, which is not ratified and consummated. and this is confirmed by the Magisterium and several centuries of practice in the Church. There are mainly four occasions when the Church gives concession to dissolve a marriage bond: is a. Ratified and non-consummated marri~es (cc.1142, 1697-1706) a marriage .aFCconsummated when the partners bave met in the act of sexual intercourse after their valid sacramental marriage celebration. Sexual cooperation prior to consent is not considered to be consummation and therefore has no effect on marriage cOnsent. The act of marriage consummation must have the following physical and psychological elements: The Physical elements: It consists in the pe~etration of ttle vagina of the woman by the male organ .of the man and the ejaculation into the vagina even though the male ejaculate is not elaborated in the testicles and" so does not contain male sperms required for fertilization The psychological elements; the act must be performed treelv and consciously on the part of       both i.e., it must be consummated in a human manner                                '

Therefore impotence is an obstacle for physical consummation and any force, coercion or violence used do not consununate marriage. Similarly, outright refusal bv one party to have sexual intercourse, marriage that was never consunnnated as the parties had no apt occasion ror it.

This type of ratified and non-consummated marriage between baptized persons or between a baptized party and an un baptised party can be dissolved by the Roman Pontiff for a iust reason at the request ofbotb tbe parties or of either party, even iftbe otber party is unwilling (c.1l42} 1697-1706 provide for norms for dissolution trom a ratified non-consummated marriage.

b. Pauline Privilege (cc.1143-1l50): The dissolution by Pauline Privilege is based on the teaching ofSt.Paul in I Cor.7.12-15.He gave a solution in the case of a marriage contracted between two D.Qn-baptized persons one of wbom after tbe marriage had been converted tQ. Christianity and baptized. He stated that the converted party was "free to live separat~ly" or "free to many"       Pauline privilege is based on this teaching.    ­

The privilege: By virtue of this privilege, the law permits the dissolution of a marriage celebrated between two on-baptised parties if after one has received baptism, the other departs or leaves the marriage. The marriage is dissolved by the. fact that a new marriage has been contracted by the baptized party; the first marriage is dissolved in favour of the faith of that party. The validity of the subsequent marriage depends upon the fuIfillment of the conditions given in cc.1l44-1147.This privilege is used only in cases wbere at tbe time of tbe marriage both parties were not baptised and where one party subsequently has been baptized validly.

Four conditions: Four conditions are required for the application of the Pauline Privilege: I. Valid marriage between two unbaptised persons.                 2. Subsequent baptism of only one party ........­

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3. Departure of the unbaptised party. This can be of three kinds. I) It is physical and malicious if being interpellated, he or she refuses to cohabit with *e baptized party; ll) It is physical and non-malicious if the unbaptised pltrty cannot cohabit with the baptized party for a protracted period of time; ill) It is moral if the unbaptIsed party ~agrees to cohabit, but renders life intolerable or poses a serious danger to the faith or morality of~he baptized party. 4.Interpellation( formal $testioning)..-or the means of establishing the departure of the unbaptised party. Two questions should be put to the non-baptised party. (1) Whether he or she also wishes to receive baptismj (2) Whether he or she at least wil!Lng to cohabit peacefi.llly with the baptized party without "offence to the cr~tor" which means danger of sin for the baptized party or for the offspring and situations or actions contrary to the sanctity of marriage (e.g., not allowing the baptized party fteedom to practic~ or her religion, unchase ~ed life, preventing the children from receiving a Christiad education etc)

The interpellation is ordinarily conducted under the authority of the local ord~ of the baptised party and this is done ~r j}aptism. For a serious reaSon it can be conduct~ore baptism or it can be dispensed. New marriage: The baptized party has ~ht to c.ontract a new marriage with a Catholic Pam' (1) if the other party has responded negatively to the questions, or the interpellatioDs has been legitimately omitted and (2) if the unbaptised party first persevered in peaceful cohabitation without Offence to the creator, but later departed without a iust cause with due regard to cc.ll44 and 1145. The local ordinary for a serious reason can permit the baptiZed party to marry a non­ Catholic party provided the norms given for mixed marriages are observed (c. 1147) ­ ----.­

c. Polygamous Marriages

There is space here to mention, but hardly to discuss, certain papal constitutions issued after the discoveries of new worlds in the sixteenth century. In the brief "Romani Pontificis" (1571) Pius V deals with often-married Indians converted to the Church and permitted to retain, not the first wife but the wife who is baptized with them. In the brief "Populis ac Nationibus," Gregory xm provided that slaves brought across the sea and separated trom their wives might after baptism be allowed to marry again, if contact had been lost with their first partners; and these marriages would be valid even it It later proved that the first partners had themselves been baptized before the second marriage.

It has since become the practice in the mission field to let a polygamist, now a Catholic, keep the wife of his choice, if she too becomes a Christian. The COde has mcorporated all these in cc.1148. --.

d. Favour of faith (c.1l27 CIC 1917) it is also called Petrine Privilege, which means the dissolution of a legitimate marriage of a baptized party with an unbaptised person granted by the Pope in favour of the faith. The 1983 COde has no reference to Favour of faith cases; but it has kept the practice followed in the Church. Whereas the Pauline privilege is used in cases where two unbaptised persons marry and one converts, the Petrine privilege may be used in a non­sacramental marriage contracted by one baptized and one unbaptised, even if consummated. For the dissolution of the marriage in favor of the faith. three things should be proven: i) The non-baptism of one of the souses du. the whole time of the marriage. ii)The non-use of marriage           er baptism perchance 0           e p                     was not previously baptized. ill) That the person who is not baptized or baptized outside the Catholic Church yields fteedom and ability to the Catholic party to profess his or her own religion and baptize and educate the­children as Catbollcs. This condition must be safeguarded in the form of a promise.

.

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A marriage between a catholic and a non-baptised party entered into with the dispensation of disparity of cult can be also 'alssolved in favour oTThe faith. But in such marriages, the person wh~ wants to enter into a new marriage, the diseensation from disparity o~ cult is not given agam.

9. Convali~ation:                Convalidation is a legal remedy by which a couple's original marriage ~onsent, which was                invalid, is subsequently ~~alid. The consent may have been invalid for reasons of a diriment im..2ediment, defective consent or a defect of form. There are two categories of convalidation.-- --- --­

a. Simple Convalidation: Simple convalidation takes place by a private renewal of con!!efit or         according to the can~ form. b. Radical Sanation: The radical sanation of an invalid marriage is its convalidation without the renewal of consent granted by the competent authority that includes a dispensation from an impediment if there is one and ITom canonical form If the 'Consent is lacking in both parties or in one party, the marriage cannot be radically sanated. ­

Holy Orders

The sections or Canon on Orders (cc.lOO8-1054) are grouped under three chapters: 1. The Celebration of ordination and the minister 2. Those to be ordained 3. The registration and evidence of ordination

Doctrinal Princioles: c.l 008

The sacrament of Orders has three important elements:

a. Thev are of Divine Institution: Some among the Christian Faithful are constituted ~red mnisters, called clerics, by di)'i1V' i'1~titwtion.. that is, it is through the will of God that there are ordained ministers in the Church (c.207.l) Vatican IT affirmed the divine institution of the sacred ministry. People do not constitute the sacred ministers in the Church,. but Christ does (LO.32)

b. ~ imprint an indelible cbaracter: From a canonical point of view, the indelible sacramental character has the following effects: I. The ordained person is so configured to Christ that be acts in the person of Christ II. The ordained person is dis~uisbed ~m the other non-ordained persons among the people of God ill.Once validly ordained, the sacrarilent cannot be repeate4:

c. Sacred ministers sheDherd the people of God in accord with their own rzrade of orders: There is one sacrament of orders, but there are three grades of ord~ .the fullness of priesthood being obtained in Episcopal Ordination. Each level of order bas its own responsibilities for the mission of the Church. "By Episcopal consecration, bishops receive together with the office of sanctifying, the offices of teaching and of ruling, which however, by their nature, can be exercised only in hierarchical communion. with the head of the college and its members"(c.375.2) Priests are associates in the one and the same priesthood of Christ and are thus constituted ministers of Christ who as cooperators with the Episcopal order, participate in the office and authority by which Christ himself builds, sanctifies and governs his body (cf.LG.28; PO,nos.2,7,12,16; CD.28)Deacons "on whom hands are laid not for priesthood, but for minisny.:' are joined to the bishops and priests and to a degree they are authorized to exercise ministry in the service of the liturgy, of the gospel and of works ofcharity(LG.29)

Matter and Form: c.lOO9.2.The matter for this sacrament is imposition of han~; the form is the consecratory prayer prescribed in the liturgical books for the individUal grades of orders;

The essential matter for the ordination of a bishop is the laying on of hands on the bead of the bishop-elect by the consecrating bishops, or at least by the principal consecrator before the consecratory prayers. 10 the ordination of priests, the matter is the laying of the bishop's hands on the individual candidates that is done in silence before the consecratoIy prayers; after the bishop has laid on bands, all the presbyters present wearing stoJes, Jay hands on the eject in silence. 10 the ordination of deacons, the bishop alone Jays hands on the deacons~lect and the essential forms consists of the consecratory prayer.

1. The Celebratioa of ordinatioa aad the Miaister:

a) Minister: The minister of ordination is the consecmted bi!iliQp .

The minister in the ordination of a bishop (cc.lOI2-1014) Episcopal ordination is forbidden without a mandate fml1J th", Holy PiJ~This mandate is not required by divine law, but by ecclesiastical law. Consecration/Ordination without the required mandate would be vali4. but unlawful. The consecrating bisbop and the bisbop consecrated would be automatically excommunicated according to the present law (c.1382) For the licit ordination of a bishop, besides the principal consecrating bishop, at leastjl\'o othP.1" consecrating bishops are necxJe<!. If there are special difficulties, a dis~on is needed (c.1014) however, a single bishop is sufficient for ~alidity .

II!!:

,="

2

It is highly appropriate that all the bishops P{eSent have some part in the raising of the bishop-elect to the ministry to the high priesthood, namely, by the laying on of hands, the recitation of the designated part of the prayer of ordination, and the greeting with the kiss of peace. As a rule, the metropolitan ordains a su~J)ishoP, and the local ~hQp_ordains an auxiliary bisl¥>p (cf. The Rite of Ordination, No.16)­

The minister in the ordination of priests and deacons (cc.l015-1017) For lawful ordination of priests and deacons, two traditional norms are followed:                 ­

I.Proper bisho,p of the candidate: Each candidate should be ordained by his own hishop. for the priestly ordination of a diocesan clergy, the I!..roper bishop is the bishop of the diocese. For the diaconate ordination, the proper bishop is the bishop of the diocese m Which the candidate bas a domicile or in which be intends to serve. 2.Another bishoD with dimissorialletters: If it is not possible for a candidate to be ordained by his own bishop, he should then be ordained by another bishop with legitimate dimissorialletters. He may not ordain a candidate of an oriental rite__without an apostolic indult. A bishop n1ay not confer orders outside his own territory even his own'Stilijects without the pei1nission of the diocesan bishop of that territory.

3.0imissorialletters: (cc.1018.1023)

a. What is Oimissorial Letter? The medium through which one who has the power to authorize an ordination is called "Oimissorial". Since this action is usually carried out in writing, the term "dimissorial letter" is used although it is not required for validity. So, dimissorialletters are letters by which a proper ordinary permits another bishop to ordain his own subjects and presents a recommendation to the ordaining bishop the candidate's worthiness. Thus he tCSUfJes that the requirements bf canons 1020,lOSO,and 1051 have been fulfilled.

b. Who- can I!l'3J1t dimissorial letters? A) Pro~ bishop; B) Apostolic ..~r; C) Diocesan AdtJ.Y.nistrator;, D) Major Superior of clerical Religious Institute and Societies of Apostolic Life of Pontifical Right.'                                                                              ­

Regarding candidates from clerical religious institutes and Societies of Apostolic life of Pontifical right, the Major Superiors cannot issue dimissorial letters to the candidates. unless the candidates have become members of the institute or society ~ly or definitively according to their constitutions. For other religious, the law applicable to diocesan Clergy should be followed.

A Diocesan Administrator, Pro- Vic!!f AP9stolic, and Pro-Prefect AJ>OS!Qlic can issue dimissorial letters only withilie consent of the consulters or councilors since they are governing a vacant see. Even with the consent of the consulters or councilors they are not to grant dimi~qorialletters to those who have been denied access to orders bI-their diocesan bishop, Vicar Apostolic or Perfect Apostolic.

c. Conditions for dimissorialletters: The following conditions to be fulfilled before granting a dimissorial letter:

a) Testimonials-and documentsaccordina tocc.105Okl0~1 should be obtained. b) These sbouid be sent only to theJ:!j.~ ~arc in communion with the apostolic see. c) Tbe.authenticity oftbese letters should be established..

d. Revocation of dimissorial letters: The one who grants dimissorial letters can revoke them. The letters granted remain effective, even though the grantor might have died or ceased from office.

2. Thoseto-beordaifted: (cc.1024-1052)

a. Valid reception of orders: Two requirements for valid reception of orders are needed: i) The         candidate must have been ~vt17M (c.84~.I); ii) he must be a male (cf.the Document, "Ordinatio

---:=o::::rr

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Sacredotalis" of Pope John Paul II issued on 22.5.1994). The Pope says very clearly and categorically: "I declare that the Church has no authority whatsoever to confer priestly ordination on women ands that this judgment is to be definitively held by all the Christian faithful".

The CongregatiOn fur the Doctrine of the Fai~ on July 1O~ 2~ issued a warning to the mock ordination of seven women: "The present Declaration, recalling the preceding statements of the Bishop of Linz and the episcopal conference of Austria and in accordance with canon 1347 § } of the CIC, gives fonnal wamin& to the above-mentioned women tbattheywill incw-excommunication reserved to the Holy See if, by July 22, 2002, they do not (1) acknowledge the nullity of the "orders" they have received from a schismatic bishop in contradiction to the definitive doctrine of the Church and (2) state their repentance and ask forgivenes& for the scandal caused to the faithful".

A third requirement for the valid reception of oxders is. the intention of the candidate to receive the order. The. petition. made. in. writing by him. to be admit.kd as. a canditi!ite for. orders. (c.lQ34l)1f sincerely and knowingly made and not revoked is sufficient expression of intention.

"

b. Lawful Reception of orders: For the lawful reception of orders, the candidates should have the following: I.He should have the necessary programme of fonnatim, (cc.235-261); 2.He should. have the necessary qualities (c.} 029}; 3.He should be free fromiIJ.eiiU1aritiesaoo impedimen~(cc.104()...l049) 4.He should bave.complclcdtbe.pre.rf~..i~ites{cc.1033-1039) S.He shOuld have the. necessary dOcuments (c.l0SO); 6.The investigations should be made (c.tOS}~1 ---­

c. Requirements: F~om (c. 1026), F~tion (c. 1027), Instructi9D (c.1028) and Requisites (Integral faith; required knowledge, right intention, good reputation, good morals, proven virtues, physical and psychological qualities)

d. Age: ror priestly ordinatio~ a canc1iMte should have. completed his. 25th y~ fur diaconate. ordination, a person should have completed his 23'" year; for pennanent diaconate (not married) a person should have completed his tSth year; fur permanent diaconate (married) a person should have completed ~ 3sW year~

e. Pre-requisites for ordination: The pre-requisites are : i) ConfirmatioJl{c.l0JJ); ii) adqpssion rites-.. of the candidates. who want to become a diocesan prioest;but those who have been admitted to rellg10uslifc through vows. this requirement is not Deeaed; ill). ministries of acolyteaud ~ ­ iv) DecWatiOnoffi~tfltn( to. be. made in. writiilg); v) con-crntion to. ~li~.y- this is required fur unmarried candidates for permanent diaconate and for candidatp.s for priesthood and this should be made in public through a liturgical rite(this is contained in the rite for diaconate ordination).This obligation binds. also the religious, unless- he has made the perpetual profession in the religious institute;

f. IrrelZUlarities & Imoediments: Both im~ents (not by nature pennanent) and irregularities (by their. nature perpetual) prevent a candidate from receiving Holy Orders and a sacrOOmmister to exercise the ministry.

~ Impediment: An impediment. in the context of orders is- a ~nal def~ which by. ecclesiastical law, forbids the reception of an order. or t~ exercise of an order already received. Impediments are either simple-O!~­ hi ~ari\y: If an impediment 'is. perpetUal, then according to- canonical tradition, it is called an ~,,-_The following principles should be kept in mind regarding impediments and irregularities: .

. ",...

~

4

ii. iii..

They are no~~ties; they are established in order to give due reverence to the sacrament of orders. They affect the lawfulness, not th~ validity. They have to be ~ strictly(as minimum as possible) ­

i.

The reason that such entities exist in canon law is that the Church has deemed the factors giving rise to these "barriers" to ordination to be of such seriousness that one whose life experiences contain the factors specified in the law must not be ordained for service. Essentially, the Church's law is saying, "if a man has done such and such, or else is afflicted with such and such an illness. he is not s~ for pnbJic, ordained ministry." The presence of irregularities and impediments in the Code of Canon Law are meant as a protection for the integrity and fruitfulness of the Church's ordained ministry. ,.

The exhaustive list of factors by which a candidate or a sacred minister can incur an irregularity or an impediment to Holy Orders or exercise of orders already received are contained in canons 1041 and 1042 in the Code of Canon Law. In summary form, they are:

1. Persons suffering from amentia or other debilitating psychic illness. 2. Persons who have committed ~stas~..~. or scbiml. 3. Persons who have attempted a marriage whJ.le not free to do so (due to prior bond,       o~or public ~ vow).Persons who have attempted marriage with a                    , woman who was not tree to do so (due to prior bond, ordination, or public perpetual vow) 4. Persons committing or positively cooperating in homicid,c: or successful abortion. 5. Persons who have maliciously mutilated self or Others and who haye attempted         suicide. 6. Persons who have posed as a priest or bishop without possessing the required order or while under a canojkal penalty 7. Persons who have a wife (except for permanent diaconate) 8. Persons currently exercisUtg offices or admi~strations prohibited to clergy (canons         285 and 286}(except for pefiDanent diaconate). 0­ 9. Persons who are neophytes:

Candidates with these characteristics are barred, by the law of the Church, from reception of Holy Orders and those who have already received the holy orders are barred from the exercise of the orders..

For details regarding the types of impediments and irregularities and regarding dispensations, please refer the chart

g. Required documents:LFor sacred orders in general: certificates of studies completed. certificate of diaconate,certificate of the reception of baptism, confnmation and ministries.iLFor priesthood: certificate of diaconate.ili.For dfuco~:certificates of~ti~ contiimation and ministri~ iv:For marriecr-ana permanent aeacons:certificate of marri~~ ana---te.sfui1ony of wife's         consent(married deacons)                                                                                                                                                                        ~ h. IiKiUfries: Rector'~rtificate, testimonialletters{not obligatory)and b~ (left to the decision of         the superiors)                        ­

3

Registration and Evidence (cc.1053-1054) The data of the ordination should be entered into special ~ch is to be kept in the curia of the place of ordination. Each candidate should receive a . certificate of ordination. The lOCal ordinary of the diocesan clergy and the M~or ~Qperiors for his subjects should notify the-Church of~ ~fthe ordained.

Holy Orders- Irregularities & Impediments

, ~

Irregularities & Impediments			Dispensations
Nature of Irre& Imp.	To receive orde...	To exercise	Reserved to the H. See	Reserved to
		orders		the Ord.
Irregularities
Insanity/Psychological disorder	Ir.	.. Ir.( until the
		ordinary permits)	-	-
Crime: Apostasy ,heresy, schism	Ir.	Ir.(publlc)	Ir. (public)	Ir.(occult)
Attempted marriage	Ir.	Ir.	Ir.(publlc
			To receive & exercise	Ir.(occult)
Homicide, Abortion	Ir.	Ir.	'r.(publlc & occult)	-
Mutilation, attempted suicide	Ir.	Ir.	-	Ir.
Abuse of sacred order	Ir.	Ir.	-	Ir.
Illegitimately receiving order with an		Ir.
irregularity	-		--	Ir.
Impediments
Marriage(permanent married deacons	1m.		1m.
not affected)		-		-
Office forbidden to clerics(cc.285,286)	1m.	-	-	1m.
Neophyte	1m.	-	-	1m.
			.
Illegitimately receiving orders with an
impediment	1m.	1m.	-	1m.

\.

I~

The Anointing of the Sick

I. Terminology:ln keeping with the expressed desire of Vatican II (SC 7J). the instruction" 'Inter Ecumenici". 68.of the S.Congregation of Rites(2(>. 'J 1964) uses the term "Anointing of the Sick" instead of "Extreme Unction" in order to make it clear that it "is not a sacrament for those only who are at the point of d~th": "as soon as anyone of the faithful begins to be in danger of death. from sickness or old age. the fitting time for the person to receiw the sacrament has certainly arrived"

II. Introductorv Canon (c.998):This canon indicates the object of the sacrament and defines the matter and the form. - Matter' Anointing \\ith the holy oil is the matter of the sacrament. The appropriate matter is. oliye oiL or in case of necessity. some other v~etable oil may be used. - form: While anointing the foreh~d the minister says: "Through this holy anointing. may the Lord in his loye and mercy help you with the grace of the Holy Spirit" Amen. While anointing the hands. he says:"May the Lord who frees you from sin. save you and raise you up" Amen.                         -                       .

III. C clebr3tion of the Sacrament

A. Blessing of Oil (c.999): The oil should be blessed by a bishQJHll: his CQuiyalent(c.381.2:c.368). The faculty is granted bv law to am' priest to bless thC'Oif(lu"ring the Celebration of the sacrament. B. Manne~ of anointing(C.lOOO): Anointing should be camed out. as preSCilbed by liturgical books. on the forehead and in the hands (for Iiceity).A single anointing is sufficient for validity. and this need not be on the forehead.In case of necessity. anointing of hands is omitted and this can"De done: i) if there is an immediate danger of d~th: ii) when viaticum is to be giyen immediately after anointing: iii) if there is physical obstacle to the anointing of hands.If a smgle anointing of the head is not possible in case the head is injured in an accident. or due to a particular sickness of the person,another part of the body is indicated.In danger of infection. the minister may use an instrument to avoid physical contact. CResoonsibilitv to the sick( c.lOO 1):lt falls to the relatives of th~ sick person and the parish priest to see that this sacrament is proyided. i)First. they are to ~ensure that a sound knowledge of the nature of the sacrament to be obtained through suitable catechesis in such a way that when the time comes.it is the sick or the elderly themselves who request anointing. ii) Secondly. the relatives and/or the parish priest should avoid the risk of ddayin~ IInollly the sacrament so that the sick person might receiye it "",ith full faith and deyotion" . D. Communal Celebration (c. 1002): There is a proyision for communal celebration with several persons to be anointed in a single rite( cfRite of the Anointing of the sick. nos. 17 &83 )The following prescriptions should be followed: i) All the nom1S of the rite of anointing should be followed. ii) lt should not be detrimental to the care and diligence to be obseryed when death is proximate. iii) It should be prepared with adequate pastoral preparation. iv) If administered during Mass. it should be in a church or in an"!!ppropriate place. v) The minister may be designated b~ishop for this purpose.

IV. Minister of the Sacrament (c. 1003): - Any priest.~ but only a priest.can~alidly administer this sacrament. a.The B~p: b. The parish priest inhis P.3rish(c.530.3): c. The par~Yicar    d. Chaplains: e. Seminary Rectors: f. Superiors in cleric,!1 institutes. - Any priCSf entrusted witfi the care f~ouls has the right and duty to administer this sacrament. - For a reasonable cause. any priesJ can anoinl the sick with at I~st the presumed permission of the parish priest. - Every priest may carry the blessed oil with himself.

[~

7

V. Those to be anointed:

. ................. - ~'" - 3. P~rson to be anointed (c. IOO.t I): i)member& of the faithful(baptised person: ii) with the use of     '..'.'    "'f"           ..  .        -........................................ '                                    '-                                                                                   ~     :-." -.;;."'"                    r:.eaSori:'iiifat ihe beginning of a serious ilImjss or with such ~!~kiless:t .--:.~ -.' -                   The Rite of the Anointing of the Sick has *Tfied the followi8g~   .~.' . '. '-"                                                                                                                    .."                                                                                                                      -".                                  --.                                  . ..                                  I'                                                                                                                                                .       I . -                                    I. Anoinfing may be givcn to a' person bef°l"tt surgery. whenever a serious illness is the reason                                              for the surgery(n. 10)                               ;-             - .                                         2. It may be administered to the ~-tfthey have become notably weake.ned even though                                              no serious illness is present" (n.II).                                      b. Repetition of the Sacrament(c.IOO.t2): This sacrament can be repeated. i) when the patient.                                          after the first anointing, relapses and becomes seriously ill: ii) whenm the same sickness. the                                          danger becomes more serioW;.                              --­                                    c. Cases of Doubt k 10(5):1n any case of doubt,administration of this sacrament should                                          be carried out absolutely, not con.ditionally.Three cases of doubt are indicated:                                          i) Whether the sick person has attained the ~ ofreason.It must be given.!Q-cl1ildren. even if " -. there is some doubt as to whether they have. attained the use of reason(cf.No.12.s.Congr. for Sacraments and Di,ine Worship. 12.9. 1983) ii) Whether the person is dal!gerou!\ly itl. iii) Whether the person is dead. According to common practice. there is obligation to administer                                                this sacrament two h~urs-aft~; the person is SllPposed to have died. d. Intention of the Recipient(c.1006): Intention is absolutely required for the effectiveness of this                                          sacrament.Intention can be presumed in case of any baptised Catholic. e. Impenitent sinner (c.1007):A manifest sinner is onewnois publicly known.An obsti~ rer<;is.­tence)n sin implies that the person neglects to heed the teaching of the Church or the warning of ecclesiastical authority.(e.g. person with imposed censure). Such persons should be denied this sacrament.Public~r no~rio~~ers who refuse reconciliation should not be given this sacrament.In case of doubt regarding ()!>stinacy, sacrament should be given.