In a significant judgment, the Madurai Bench of the Madras High Court, comprising Justice RMT. Teekaa Raman and Justice N. Senthilkumar, ruled that a marriage between a Hindu and a non-Hindu cannot be legally recognized under the Hindu Marriage Act, 1955, and must be registered under the Special Marriage Act, 1954 to attain legal validity. The decision came in the case of Jeyakumari v. Stephen (A.S. (MD) No. 96 of 2016), where the court upheld the Family Court’s order declaring the marriage null and void.
Background of the Case
The case involved an appeal by Jeyakumari (appellant/defendant), a Hindu woman, challenging the judgment of the Family Court, Madurai, which had declared her marriage with Stephen (respondent/plaintiff), a Christian man, as void.
The couple had married on January 6, 2005, at the bride’s house in Marthandam, Kanyakumari District, followed by a reception in Madurai on January 8, 2005. However, differences soon arose, and Jeyakumari left the matrimonial home, leading to a dispute over the validity of their marriage. Stephen then filed a suit in O.S. No. 19 of 2011 before the Family Court, Madurai, seeking a declaration that their marriage was null and void.
The Family Court ruled in his favor, prompting Jeyakumari to file an appeal before the High Court.
Key Legal Issues
1. Whether the marriage between a Hindu and a Christian, performed under Hindu customs, is legally valid.
2. Whether non-registration under the Special Marriage Act, 1954, affects the validity of such a marriage.
3. Whether the Family Court’s decision declaring the marriage void was legally sustainable.
Court’s Observations and Ruling
The Madras High Court affirmed that interfaith marriages must comply with the law and emphasized that a marriage between a Hindu and a Christian cannot be solemnized under Hindu customs and rites unless both parties are Hindus.
“A marriage between a Hindu and a Christian is not legally valid under the Hindu Marriage Act, 1955. Such a marriage must be registered under the Special Marriage Act, 1954, failing which it is void.”
The court further observed that Section 4 of the Hindu Marriage Act mandates that both parties must be Hindus at the time of marriage. Since the appellant was a Hindu and the respondent was a Christian, their marriage was not legally valid under Hindu law.
Additionally, the court noted that under the Indian Christian Marriage Act, 1872, at least one party must be a Christian, and the marriage must be solemnized by a licensed priest or a marriage officer. Since this was not done, the marriage could not be recognized under Christian law either.
The only legal framework available for their union was the Special Marriage Act, 1954, which provides for interfaith marriages and ensures legal recognition. However, the couple failed to register their marriage under this Act, making it legally void.
“The proper procedure for a marriage between persons of different faiths is to solemnize and register it under the Special Marriage Act, 1954. Failure to do so results in the marriage being declared null and void.”
