MADURAI: The Madurai Bench of the Madras High Court recently observed that interfaith marriages have to be registered under the Special Marriage Act, 1954, to be considered legal. There is a need to create awareness among brides and grooms about the legal procedures relating to marriages, the court added.
A bench comprising Justices RMT Teekaa Raman and N Senthilkumar made the observations while dismissing an appeal filed by a Hindu woman against an order passed by a Family Court in Madurai, dissolving her marriage with a Christian man on the ground that their marriage was not registered under the Special Marriage Act.
The couple's marriage had been solemnised in 2005 at the bride's house as per Hindu customs. However, due to some dispute, they got estranged. Citing that their marriage was not registered under the aforesaid Act, the husband filed a suit to dissolve the marriage, which was allowed by the Family Court.
Hearing the woman's appeal against the said order, the judges observed that a marriage under Hindu Law with Hindu customs, rites and ceremonies is not permissible between a Christian and a Hindu. Section 5 of the Hindu Marriage Act, 1955, prescribes that 'both parties' to the marriage must be a Hindu. Under the Indian Christian Marriage Act, 1872, at least one of the two parties of the marriage should be Christian. But under the Special Marriage Act, marriage between 'any two persons' may be solemnised irrespective of their religion or faith, the judges pointed out.
Thus, a marriage between a Hindu and a Christian is possible only under either the Christian Marriage Act or under the Special Marriage Act, they pointed out. Though the woman claimed that their marriage took place in church and not as per Hindu customs, she could not prove the same, the judges added, and upheld the Family Court's order.
They further took judicial note of the fact that for multiple reasons, Hindus are marrying non-Hindus as per Hindu customs and rites. Such a marriage is invalid in the eye of law and the legality of the marriage comes under cloud due to the aforesaid reasons, the judges observed. An awareness is needed among prospective brides and grooms regarding the marriage ceremony and legal requirements related to it, they added.