Solemnisation of marriage in accordance with Hindu rites and ceremonies cannot be treated as conclusive proof that a person has converted to Hinduism or is a Hindu for marriage registration under the Hindu Marriage Act (HMA), the Delhi high court has said. A marriage under the HMA is valid only when it is solemnised between two Hindus in accordance with the essential rites and ceremonies prescribed under Hindu law, it added.
The court delivered the verdict on a Swedish woman’s petition challenging Delhi revenue department guidelines that require at least one spouse to be an Indian citizen and a permanent resident within the jurisdiction of a marriage officer for registration under the HMA.
The woman married a Swedish man in March and claimed that her husband had earlier embraced Hinduism at an Arya Samaj temple and undergone the requisite Hindu rites and ceremonies. The temple issued a marriage certificate following their marriage. The woman sought the marriage registration online under the HMA.
The woman moved the high court when the registration could not be processed because the guidelines require at least one spouse to be an Indian citizen. She also challenged the citizenship-based eligibility criteria under the Delhi (Compulsory Registration of Marriage) Order, 2014.
A bench of Chief Justice DK Upadhyaya and Justice Tejas Karia said in an order uploaded on Thursday: “In the absence of any independent material substantiating...conversion, the mere solemnisation of the marriage in accordance with Hindu rites cannot, by itself, establish that the Petitioner’s husband was a Hindu within the meaning of Section 2 of the HMA. A marriage under the HMA is valid only where it is solemnised between two Hindus in accordance with the essential rites and ceremonies prescribed by Hindu law.”
{{/usCountry}}A bench of Chief Justice DK Upadhyaya and Justice Tejas Karia said in an order uploaded on Thursday: “In the absence of any independent material substantiating...conversion, the mere solemnisation of the marriage in accordance with Hindu rites cannot, by itself, establish that the Petitioner’s husband was a Hindu within the meaning of Section 2 of the HMA. A marriage under the HMA is valid only where it is solemnised between two Hindus in accordance with the essential rites and ceremonies prescribed by Hindu law.”
{{/usCountry}}The bench said the constitutional challenge was not maintainable since the woman did not have any locus. It directed the Delhi government to modify and operationalise the online marriage registration portal by removing technological impediments and provide an effective mechanism enabling foreign nationals, Overseas Citizens of India (OCI) card holders and Persons of Indian Origin to submit and complete marriage registration applications.
“Such modifications should enable applicants who are unable to use Aadhaar-based authentication, including foreign nationals and OCI card holders, to verify their identity through appropriate alternative documents, such as valid passports or OCI cards in accordance with the applicable statutory and procedural requirements,” the court said in its order.
The petitioner argued that neither the HMA nor the guidelines prescribe any specific standard or procedure for establishing Hindu identity or conversion to Hinduism and, in the absence of any statutory or regulatory standard, requiring proof beyond the pleadings and material already placed on record was arbitrary.
The Delhi government opposed the petition, arguing that the manner in which a marriage is solemnised cannot, in the absence of independent evidence establishing the religious status of the parties, be treated as conclusive proof of the applicability of a statute that is expressly limited to people who are Hindus by religion.