Case Note & Summary
The appellant, Rency Mathew, a Christian by faith, married the respondent, Bharath Kumar, a Hindu, on 12.12.2005 according to Hindu customs and rites. She filed a suit in the Family Court, Bengaluru, seeking a declaration that the marriage was void under Section 11 of the Hindu Marriage Act, 1955, on the ground that she was a Christian and not a Hindu, and therefore the marriage could not be a valid Hindu marriage. The Family Court dismissed the suit. The appellant appealed to the High Court. The High Court considered the issue of whether a marriage between a Christian and a Hindu, solemnized according to Hindu rites, is a valid Hindu marriage. The court noted that the Hindu Marriage Act applies only to Hindus, and since the appellant was a Christian, the marriage was not a Hindu marriage and was void ab initio. The court allowed the appeal, set aside the Family Court's judgment, and declared the marriage null and void.
Headnote
A) Family Law - Hindu Marriage - Void Marriage - Section 11, Hindu Marriage Act, 1955 - Marriage between a Christian and a Hindu - The appellant, a Christian, married the respondent, a Hindu, according to Hindu rites. The court held that since the appellant was not a Hindu, the marriage could not be treated as a Hindu marriage under the Act. The marriage was void ab initio under Section 11. The Family Court's dismissal was set aside. (Paras 2-6) B) Family Law - Hindu Marriage - Applicability - Section 2, Hindu Marriage Act, 1955 - The Act applies only to Hindus. A Christian is not a Hindu, and thus a marriage involving a Christian cannot be governed by the Act. The marriage was declared null and void. (Paras 3-5)
Issue of Consideration
Whether a marriage between a Christian woman and a Hindu man, solemnized according to Hindu rites, is a valid Hindu marriage under the Hindu Marriage Act, 1955, and whether the Family Court was correct in dismissing the suit for declaration of nullity.
Final Decision
Appeal allowed. Judgment and decree dated 18.11.2014 in O.S.No.33/2014 passed by the IV Additional Principal Judge, Family Court, Bengaluru, is set aside. The marriage between the appellant and respondent solemnized on 12.12.2005 is declared null and void.
Law Points
- Marriage between a Christian and a Hindu cannot be treated as a Hindu marriage under the Hindu Marriage Act
- 1955
- even if performed according to Hindu customs
- unless both parties are Hindus
- Section 11 of the Hindu Marriage Act
- 1955 renders such a marriage void ab initio
- The Family Court erred in dismissing the suit for declaration of nullity.
