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Madras HC says Hindu, Christian couple’s marriage is invalid

Marriage should have been registered under the Special Marriage Act, says court.

india Updated: Nov 19, 2015 16:14 IST
Madras high court,marriage,personal law
Madras high court rules on the ‘marriage’ of a Hindu man and a Christian woman.(PT file photo)

The Madras high court said on Thursday the marriage of a Hindu woman and a Christian man is not legally valid if either of them does not convert.

Justice PR Shivakumar and justice VS Ravi said if the couple wanted to solemnise their marriage as per Hindu custom, the man should have converted to Hinduism or the woman should have converted to Christianity if she wanted to do so as per Christian custom while dismissing a Habeas Corpus petition filed by the woman’s parents.

Alternately, their marriage should have been registered under the Special Marriage Act, 1954, if they preferred to follow their religions without conversion, they said.

The woman, who was produced in court by police after the petition was filed, told the judges that she had got married in a temple at Palani. The judges then her asked how was the marriage valid as per Hindu law if the man did not convert.

The woman, however, remained steadfast in her decision to live with the man she had married.

“As she is a major she can go anywhere she likes though they had not married as per law,” the bench in Madurai said.

The judges said that the girl became a major on May 29 and she was free to go to any place at her will. As per law, she did not need care and protection.

First Published: Nov 19, 2015 16:07 IST