The main legal point established is that a marriage between a Christian and a Hindu, solemnized under Hindu rites and customs, is not valid under the Hindu Marriage Act, and the registration of such a marriage under Chapter-III of the Act is also null and void.

JUDGMENT

B V Nagarathna, J. - Sri. Muniswamy Gowda S.G., learned counsel has appeared for the appellant through Video Conference. There is no representation on behalf of the respondent although he was served on 18.1.2016.

2. The appellant is the wife, who has filed this appeal, assailing the judgment and decree dated 18.11.2014 in O.S.No.33/2014 passed by the IV Additional Principal Judge, Family Court, Bengaluru. By the said judgment and decree the suit filed by her for declaration of her marriage solemnized with the respondent on 12.12.2005 as void, was dismissed. Hence, this appeal.

3. Succinctly stated, facts of the case are that appellant and respondent were married in terms of Hindu customs and rites on 12.12.2005 at Balaji Samudhaya Bhavan, Subramanyanagar, Bangalore. Admittedly, appellant is a Christian by faith, while respondent is a Hindu. Nevertheless, their marriage was solemnized as per Hindu rites and customs. However, thereafter the said marriage was registered under Chapter-III of the Special Marriage Act, 1954 (hereinafter referred to as 'Act' for the sake of convenience). It appears that the parties lived together for some time at Bengaluru. Thereafter several differences arose between them and there were constant quarrels between them. As a result, appellant left the matrimonial home in January 2013. Subsequently, she contacted an advocate for seeking divorce, who advised her that the marriage between herself and respondent herein was per se a void, as there cannot be a valid marriage between a Hindu and Christian under the provisions of the Hindu Marriage Act, 1955. Hence, she filed the suit seeking for a declaration that her marriage with the respondent/defendant was void. Her prayer in the suit is extracted as under:

a) Declare that the marriage solemnized between the parties as per Hindu rites and customs on 12th December 2005 at Balaji Samudaya Bhavan, Subramanyanagar, Bangalore and registered on 25th November 2006 before the registrar of marriages Yelahanka vide certificate No.12/06-07 as void marriage."

4. In response to the suit summons and court notices, respondent herein appeared, filed his written statement and consented that the marriage between himself and the appellant/plaintiff in the suit was per se void and that the certificate issued under the provisions of the Act was not proof of a valid and subsisting marriage; that he was following Hinduism, while appellant was a follower of Christianity. Hence he consented for decreeing the suit.

5. On the basis of the pleadings, the Family Court raised the following issues:

1) Whether the defendant proves that the marriage certificate issued by the Marriage Officer is not a valid one?

2) What order or Decree?

6. In order to substantiate her case, appellant /plaintiff examined herself as P.W.1. She produced three documents, which were marked as Ex.P.1 to P.13; while respondent/defendant did not lead any evidence.

7. On the basis of the evidence on record, the Family Court answered issue No.1 in the negative and dismissed the suit. Being aggrieved, this appeal has been preferred.

8. We have heard learned counsel for the appellant and as noted above, respondent is served and unrepresented.

9. Appellant'S counsel drew our attention to Chapter-III of the Act, which deals with the registration of a marriage celebrated in other forms. He contended that even if the marriage has been performed under the provisions of the Hindu Marriage Act, 1955, ('Hindu Marriage Act' for short) nevertheless on the conditions mentioned under Section 15 of the Act, such a marriage could be registered. However, he contended that though certain conditions are mentioned under Section 15 of the Act, it is necessary that there should be a 'valid marriage' in the other forms of marriage namely, as in the instant case, under the provisions of the Hindu Marriage Act, before such a marriage would have the stamp of validity under chapter- III of the Act. That in the instant case, the part