Indissolubility of Marriage

c)  Indissobility is a distinct charasteristic of Christian marriage. In fact this Christian position is questiond by some religions and many governments and members of civil society today. Although we have indirectly mentioned this problem in the previous paragraph dealing with the faithfulness in love as a characteristic of Christian marriage, we need to clarify certain issues connected with it.

a) The basis of definitiveness of the marriage bond is founded on the order of creation itself : "Then the man said : this at last is bone of my bones and the flesh of my flesh; this one shall be called woman , for out of man this one was taken. Therefore a man leaves his father and mother and clings to his wife, and they become one flesh" (Gen. 2:23-24). From this is clear that the strenght of bond is resting on the existential complementarity of both.

b) Later on the Old Testament the fidelity between the husband and wife is compared to the fidelity of Yahweh to his people which is irrevocable.Jesus makes this clear in his discussion with Jews that indissolubility of marriage was its original character. (Mk. 10, 2:12 and Mt. 19:3-9). Marriage bond, in this sense should be understood as a covenant rather than as a contract. See also Lk. 16:18.

c) Indissolubility is not based merely on a law of the Church, or an a moral norm, but rooted in the sacramentality of marriage itself. The divine element enters into this bond.

d) The principle of indissolubility is solidly based on Scripture. But in the course op time, as in the case of Old Testament at times there have been some cases of leniency. But these are exceptions and not violation of the law; but in modern times such exceptions are never entertained.

e) In this context, there is the question of Pauline privilage (1 Cor 7::12ff which cannot be termed divorce because for us Christians divorce is strictly applied to the breaking of the sacramental bond. In the case of Pauline Privilege, the sacramental bond is not fully realized: hence there cannot be divorce in the strict sense.

f) The indissolubility of marriage is unambiguously taught by the Council of Trent, Marriage bond cannot be dissolved for any reason whatsoever. The only thing that the Church can do is to declare a marriage null and void , by which she states that the marriage never took place for want of free consent or due to the presence of certain imprdiments which invalidate the marriage.

g) A non- consummated marriage can be dissolved by the Roman pontiff for a just cause (Can:11-42).The just cause can be discord without hope of reconcilliation, civil marriage by one party , probable impotence , incurable disease contacted after marriage, defect of consent. Religious profession invalidating marriage is not mentioned in the present code.