IMPORTANT POINT
Marriage – Marriage under Hindu Law with Hindu customs and rites and ceremonies is not permissible between a Christian and a Hindu – A person of Hindu faith, who wishes to marry a non-Hindu, such marriage should be registered under Special Marriage Act, in order to avoid illegality attached to void marriage and consequent legal marital status of parties thereto.

JUDGMENT

RMT. Teekaa Raman, J.—The defeated defendant – wife is the appellant herein.

2. The respondent / plaintiff – husband filed the suit in O.S.No.19 of 2011, before the Family Court, Madurai, seeking to declare the marriage solemnized between him and the defendant on 06.01.2005 as null and void.

3. For the sake of convenience, the parties are referred to as per their ranking in the original suit.

4. As per the plaint averments, the plaintiff belongs to Christian religion and the defendant belongs to Hindu religion. During October, 2004, the plaintiff was taken to Marthandam at Kanyakumari District by his friend in order to fix a girl for marriage. But, the said proposal was not confirmed. Again, at the request of the plaintiff’s friend, he was introduced to the defendant’s family and informed that he belongs to Christian religion. But, the family members of the defendant expressed that they are not bothering about the religious. But, they did not accept to perform the marriage in the Church. Therefore, the marriage was performed on 06.01.2005 in the defendant’s house and on 08.01.2005, a marriage reception was performed at Madurai. Thereafter, the plaintiff and the defendant started their marital life at the plaintiff’s house at Madurai. But, after the marriage, the defendant was not interested to live with the plaintiff and she always expressed that at the compulsion of her parents, she married the plaintiff and she is also not like the Christian religion, which the plaintiff belongs to. In fact, their marriage was not registered under the Special Marriage Act, 1954, since they belong to different religion. The defendant was also not interested to live with the plaintiff. In spite of mediation, she refused to come and live with him. As the marriage was not registered under the Special Marriage Act, 1954, the plaintiff filed the suit seeking to declare their marriage as null and void.

5. The defendant – wife filed written statement alleging that the marriage between her with the plaintiff was performed at her house as per Christian customs and rites. The family members also participated in the marriage. It is false to state that the marriage between them is invalid due to non-registration of the same under the Special Marriage Act, 1954.

6. During trial, an issue as to whether the plaintiff is entitled for the relief as prayed for was framed for consideration.

7. On the side of the plaintiff, he was examined as P.W.1 and Exs.A1 to A4 were marked and on the side of the defendant, she was examined as D.W.1 and Ex.B1 was marked.

8. After contest, the learned Trial Judge has decreed the suit. Hence, the defendant is before this Court by way of this appeal.

9. Heard the learned counsel on either side and carefully perused the materials available on record.

10. The points for consideration are as follows:

(i) Whether there is a valid marriage between the parties?

(ii) Whether the order of the Family Court is sustainable in law?

11. The plaintiff, in the pleadings as well as in his oral evidence, has categorically deposed that he belongs to Christian religion, while the defendant belongs to Hindu Nadar religion. Due to the compulsion, despite their religion, marriage was solemnized in the defendant’s house at Marthandam on 06.01.2005 and the reception was held at Madurai on 08.01.2005.

12. The defendant left the matrimonial home without any reason and mediation failed. She lodged a criminal complaint against the plaintiff.

13. It is the specific case of the plaintiff that since the parties belong to different religions and their marriage was not registered under the Special Marriage Act, 1954, the marriage solemnized between him and the defendant on 06.01.2005 is null and void and hence, he seeks for dissolution of their marriage.

14. During cross-examination, the defendant has admitted that she belongs to Hindu religion. However, she has deposed that their marriage ceremony was performed as per the Christian customs and rit