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2008 (12) TMI 678 - SC - Indian LawsWhether a marriage entered into by a Hindu with a Christian is valid under the provisions of the Hindu Marriage Act, 1955? Held that - Admission of the appellant that he was and still is a Christian belonging to the Roman Catholic denomination, the marriage solemnized in accordance with Hindu customs was a nullity and its registration under Section 8 of the Act could not and/or did not validate the same. In our view, the High Court rightly allowed the appeal preferred by the respondent herein and the judgment and order of the High Court does not warrant any interference. Appeal dismissed.
Issues involved:
Validity of marriage between a Hindu and a Christian under the Hindu Marriage Act, 1955. Detailed Analysis: Issue 1: Validity of marriage between a Hindu and a Christian under the Hindu Marriage Act, 1955 The case revolved around the validity of a marriage between a Roman Catholic Christian appellant and a Hindu respondent, solemnized under the Hindu Marriage Act, 1955. The respondent filed a petition for nullity of the marriage based on misrepresentation by the appellant regarding his religion. The High Court declared the marriage void ab initio, leading to the appeal. The appellant argued that the Act does not prevent a Hindu from marrying a person of another faith. Mr. Lalit, assisting the Court, highlighted Section 5 of the Act, emphasizing the word 'may' as not making conditions mandatory for the marriage. He contended that the marriage was not void under Section 11 but could be voidable. The appellant's counsel argued that the Act allows marriage between individuals, not limited to Hindus. However, the respondent's counsel stressed the Act's application to Hindus only, as per the Preamble and Section 2. The Court held that the Act was specifically for Hindus, and marriage conditions in Section 5 were mandatory. The marriage, performed under Hindu customs, was declared a nullity, with the High Court's decision upheld. In conclusion, the Supreme Court dismissed the appeal, upholding the High Court's decision that the marriage between a Hindu and a Christian under the Hindu Marriage Act, 1955, was a nullity. The subsequent marriage of the respondent was deemed irrelevant in light of the nullity of the initial marriage. The Court appreciated Mr. Lalit's assistance in reaching the decision, and no costs were awarded in the case.
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