MADURAI: The Madurai Bench of the Madras High Court has categorically stated that the marriage between couple belongs to different religion will be valid legally only if any one of them embraces the faith of the other as per religious customs.
Dismissing a habeas corpus petition filed by the girl’s parents, Justice P R Shivakumar and V S Ravi allowed the Hindu girl to go along with the Christian youth though the duo had not married in accordance with law.
When the Manchanallur police from Tiruchy district produced the girl in the court, the girl told the judges that she was major even when eloped with her lover. And they got married at Dhandayuthapaniswamy Temple at Palani, she said.
Then the judges questioned the validity of their marriage pointing out they failed to follow the Hindu law which demands either of them should have converted if they wanted to solemnise their marriage as per the religious customs. Or otherwise the couple should register their marriage under Special Marriage Act, 1954, if they preferred to follow their religions without conversions.
However as the girl remained adamant to go with the youngster, the judges allowed her to go with him observing: “As the girl became a major on May 29, she can go to any place of her wish. As per law, she no longer needs care and protection.”
In another case, a Dalit woman, who was forcibly separated from her caste Hindu husband by his parents within a few hours of their marriage, has sought the court’s intervention to rescue him. M Sundravalli (21), who was four-months pregnant, from Odaipatti Colony, Madurai appeared in person before a Division Bench of Madras High Court comprising Justice P R Shivakumar and V S Ravi on Thursday and expressed her fears that her in-laws might murder her husband P Ramar for caste honour, if he refused to marry the girl from their caste.
The woman claimed her husband was in illegal custody of his father.