Hindu Person's Marriage With Non-Hindu Foreigner To Be Registered Under Special Marriage Act, Not Valid Under Hindu Marriage Act: Madras HC

The bench of Justice RMT Teekaa Raman and Justice N Senthilkumar also noted that often a Hindu person was marrying a foreigner, a non-Hindu belonging to a different faith as per Hindu customs. The court noted that while choosing a life partner was a personal choice, the legality of the marriage, performed as per Hindu customs would be under cloud. Thus, the court held that if a Hindu person wished to marry a non-Hindu, the marriage should be registered as per the Special Marriage Act to avoid any illegality and challenge to the subsequent legal marital status. The court also added that there must be an awareness in this regard, among prospective brides and grooms.

“Before parting with this Judgment, it is to be noted that this Court time and again finds that the Hindu person marrying a foreigner, namely, non-Indian of having different faith, it is their personal choice to choose the life partner. However, in the Indian soil, the law of the land is to be followed. The procedures prescribed in the Personal Law for the Hindu, as decided in the previous paragraphs, indicate that at the time of marriage both the parties to marriage should be Hindu to perform of marriage rites,according to the Hindu customs and rites. If any one of the party does not belong to Hindu faith, the proper procedure is that the marriage has to be registered under the Special Marriage Act," the court said.

The court was hearing an appeal suit filed by a wife challenging an order of the Family Court, declaring the marriage null and void on a suit filed by the husband. The husband had approached the court stating that he was a Christian and the wife was a Hindu and they got married in 2005 at the wife's house. He submitted that after marriage, the wife was not interested in living with the husband and also expressed that she had married him due to parental compulsion and that she did not like Christianity. The husband submitted that the wife left the matrimonial home and after failed mediation, he approached the court to declare the marriage null and void since it was not registered under the Special Marriage Act.

On the other hand, the wife alleged that the marriage was performed at her house as per Christian customs and rites in the presence of family members. Thus, she claimed that the marriage could not be held invalid due to non-registration under the Special Marriage Act.

The court noted that apart from the oral testimony of the wife, there was no evidence to prove that the marriage was solemnized as per Christian rites and customs. The court noted that there was no certificate from the church or any authorities indicating that they had performed the marriage ceremony. Thus, the court concluded that the marriage was not performed as per Christian customs.

The court noted that as per Section 5 of the Hindu Marriage Act, both parties to the Marriage must be Hindu. The court added that as per Section 4 of the Indian Christian Marriage Act if any one of the parties is Christian, their marriage can be solemnized by the Marriage Officer notified under the Act. on the contrary, any two persons, who belong to different religions can register their marriage under the Special Marriage Act.

In the present case, noting that there was no registration and that the marriage conducted between a Hindu and non-Hindu as per Hindu customs in invalid, the court ruled that the marriage between the parties was null and void and that there could not be a relationship of husband and wife between the parties.

Counsel for the Appellant: Mr. R. Karunanidhi

Counsel for the Respondent: Mr. S. Sukumaran

Case Title: Jeyakumari v Stephen

Citation: 2025 LiveLaw (Mad) 56

Case No: A.S.(MD) No.96 of 2016