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2008 Supreme(MP) 1204

ALTAMAS KABIR, AFTAB ALAM
Gullipilli Sowria Raj – Appellant
Versus
Bandaru Pavani @ Gulli Pilli Pavani – Respondent


Advocates:
C. Mukund for appellant; Y. Rajagopala Rao for respondent; U.U. Lalit, Amicus curiae.

ORDER

Kabir, J. n 1. The only question which falls for determination in this civil appeal by way of special leave is whether a marriage entered into by a Hindu with a Christian is valid under the provisions of the Hindu Marriage Act, 1955.

2. The appellant, who is a Roman Catholic Christian allegedly married the respondent, who is a Hindu, on 24.10.1996, in temple only by exchange of "thali" and in the absence of any representative from either side. Subsequently, the marriage was registered on 2.11.1996 under section 8 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the 1955 Act").

3. Soon thereafter, on 13.3.1997, the respondent wife filed a petition before the Family Court at Visakhapatnam, being OP No. 84 of 1997, under section 12 (1) (c) of the 1955 Act, for a decree of nullity of the marriage entered into between the parties on 24.10.1996 on the grounds mentioned in the said petition. The main ground for declaring the marriage to be a nullity was mainly misrepresentation by the appellant regarding his social status and that he was a Hindu by religion, although it transpired after the marriage that the appellant and his family members all professed the Christian







































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