Pranav B Prem

In a significant ruling, the Madras High Court has held that a marriage between a Hindu and a non-Hindu, including Christians and Muslims, must be registered under the Special Marriage Act, 1954, to avoid illegality attached to a void marriage and the consequent legal marital status of the parties. The Division Bench comprising Justice RMT. Teekaa Raman and Justice N. Senthilkumar upheld the judgment of the Family Court, which declared the marriage between the plaintiff and the defendant null and void. The appeal was filed by the defendant-wife against the decree of the Family Court, which ruled in favor of the plaintiff-husband.

Case Background

The plaintiff, a Christian, and the defendant, a Hindu, got married in 2005. The marriage was performed at the defendant's house without registration under the Special Marriage Act, 1954. Following marital discord, the plaintiff sought a declaration that the marriage was null and void, which was granted by the Family Court. Aggrieved by this, the defendant-wife appealed before the Madras High Court.

Court’s Observations

The Court observed that since the parties belonged to different faiths and their marriage was neither performed according to Christian customs nor registered under the Special Marriage Act, 1954, it could not be considered legally valid. Citing the legal position, the Bench 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 further noted that the Hindu Marriage Act, 1955, mandates that both parties to the marriage must be Hindus for it to be valid under Hindu customs and rites. It emphasized: “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. No such marriage took place between the plaintiff and the defendant under the above-said Acts.”

Since no registration had taken place under the Special Marriage Act, 1954, the Bench held: “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.”

Legal Implications and Awareness

The Court pointed out that there is a growing trend of Hindu faith individuals marrying non-Hindus as per Hindu customs and rites without proper legal validation. Stressing the need for awareness, the Bench remarked: “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 Court also emphasized the need for prospective brides and grooms to be educated on the legal procedures concerning interfaith marriages to prevent complications arising from invalid marital status.

Cause Title: A V. B

Case No: A.S.(MD) No.96 of 2016

Bench: Justice RMT. Teekaa Raman, Justice N. Senthilkumar 

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