Safiya Malik

The Madras High Court has upheld the decision of the Family Court, Madurai, declaring the marriage between a Christian man and a Hindu woman null and void. The court stated that the marriage, which was conducted as per Hindu customs and rites, was not legally valid as it was neither performed under the Special Marriage Act, 1954, nor registered under any applicable law. The court observed that interfaith marriages must comply with statutory provisions to have legal recognition.

The appeal, registered as A.S.(MD) No. 96 of 2016, was filed under Section 96 of the Civil Procedure Code, 1908, by Jeyakumari, the wife, against the judgment and decree in O.S. No. 19 of 2011 by the Family Court, Madurai. The respondent, Stephen, the husband, had filed the original suit seeking a declaration that his marriage to the appellant was null and void.

The respondent stated that he belonged to the Christian faith, while the appellant belonged to the Hindu Nadar community. The marriage was solemnized at the appellant's house on January 6, 2005, followed by a reception on January 8, 2005, in Madurai. He claimed that the appellant was unwilling to live with him and had only agreed to the marriage under parental pressure. He further stated that since the marriage was not registered under the Special Marriage Act, 1954, it had no legal validity.

The appellant, in her written statement, stated that the marriage was performed at her residence as per Christian customs and rites. She contended that non-registration under the Special Marriage Act did not invalidate their marriage.

The Family Court, Madurai, ruled in favor of the husband, declaring the marriage void. The appellant challenged this decision before the Madras High Court.

The High Court examined whether a legally valid marriage existed between the parties and whether the Family Court's ruling was sustainable. The court noted that the respondent belonged to the Christian faith, and the appellant belonged to the Hindu Nadar community.

The court recorded, “The plaintiff, in the pleadings as well as in his oral evidence, has categorically deposed that he belongs to Christian religion, while the defendant belongs to Hindu Nadar religion. Due to compulsion, despite their religion, marriage was solemnized in the defendant's house at Marthandam on 06.01.2005 and the reception was held at Madurai on 08.01.2005.”

The court further noted that the appellant had left the matrimonial home, and mediation attempts had failed. The appellant had also lodged a criminal complaint against the respondent.

The respondent argued that since the marriage was not registered under the Special Marriage Act, 1954, it was legally invalid. The court examined the relevant provisions, stating, “It is seen from the records that except the oral testimony of the defendant, for the alleged plea that their marriage was performed as per the Christian customs and rites, no documentary evidence has been adduced by her before the Trial Court to show and demonstrate that the marriage was performed as per the Christian rites as contended by the defendant.”

The court noted that there was no certificate from any church authority or testimony from any individual who performed the marriage ceremony. The appellant admitted that the marriage was conducted at her residence and not in a church.

Regarding the validity of interfaith marriages, the court stated, “Under the Indian Christian Marriage Act, 1872, if any one of the parties to the marriage is Christian, their marriage under the Indian Christian Marriage Act, 1872, can be solemnized by the Marriage Officer notified under the said Act.”

The court referred to Section 4 of the Special Marriage Act, 1954, which states, “A marriage between ‘any two persons’ may be solemnized under this Act, subject to the conditions stipulated therein.”

The court recorded that the Special Marriage Act was enacted to provide a legal framework for interfaith marriages. It referred to Section 15 of the Act, which allows registration of marriages performed in other forms, subject to specific conditions. The court noted, “Admittedly, in the case on hand, no such registration has taken place and hence, we have no other option but to hold that since no such registration having taken place in the instant case as required under Section 15 of the Special Marriage Act, 1954, the marriage solemnized between the plaintiff and defendant is null and void.”

The court further recorded, “A marriage under Hindu Law with Hindu customs and rites and ceremonies is not permissible between a Christian and a Hindu. A marriage between the Hindu and a Christian is possible only under either the Christian Marriage Act or under the Special Marriage Act.”

The judgment recorded that since the respondent was not a Hindu, the marriage conducted as per Hindu rites had no legal sanctity.

Based on its findings, the High Court upheld the Family Court's decision, declaring the marriage null and void. The judgment recorded, “The marriage between the plaintiff and defendant is void and hence, there is no valid marriage between them. Further, a marriage between a Hindu and Christian cannot be celebrated under the Hindu Marriage Act and hence, the marriage in the instant case creates no obligation between the parties and there cannot be a relationship of husband and wife, in law, between the plaintiff and defendant.”

The court stated, “In order to be a valid marriage under the Indian Christian Marriage Act, 1872, one of the parties to the marriage must be a Christian. On the contrary, in view of the specific wordings used in Section 4 of the Special Marriage Act, 1954, it is desirable for the persons, who belong to different religions, to register their marriage under the Special Marriage Act, 1954, as per the procedures mentioned therein before the Marriage Officer notified therein.”

The court noted that marriages conducted in violation of personal laws would have no legal standing. The appeal was dismissed, and the judgment of the Family Court, Madurai, was upheld.

The court recorded, “We have noticed that for multiple reasons, Hindu faith persons are performing their marriage according to the Hindu customs and rites with the non-Hindu faith person, which is not approved by the Court of law, thereby, the legality of marriage between the party is under cloud. A person of Hindu faith, who wishes to marry a person of other faith, be it a Christian, Muslim or any other faith, in short, non-Hindu, such a marriage should be registered under the Special Marriage Act, in order to avoid illegality attached to the void marriage and the consequent legal marital status of the parties thereto.”

The judgment concluded, “In such circumstances, we feel that an awareness on this aspect has to be made to the prospective brides / bridegrooms regarding performance of their marriage ceremony and other legal requirement as stated supra.”

The court dismissed the appeal, stating, “In the result, this appeal is dismissed. No costs. Consequently, connected miscellaneous petition is closed.”

Case Title: Jeyakumari v. Stephen
Case Number: A.S.(MD) No. 96 of 2016
Bench: Justice RMT. Teekaa Raman and Justice N. Senthilkumar

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