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RMT. TEEKAA RAMAN, N. SENTHILKUMAR
Jeyakumari – Appellant
Versus
Stephen – Respondent
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 s
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 mar....
Marriage between parties of different religions is null and void if not registered under the Special Marriage Act, regardless of the customs followed during the ceremony.
A marriage between individuals of different religions is void if it is not registered under the Special Marriage Act after proper solemnization.
Restitution of conjugal rights – Where marriage itself is not proved, decree for restitution of conjugal rights cannot be sustained.
The judgment establishes that interfaith marriages conducted under the Hindu Marriage Act are void, requiring adherence to the Special Marriage Act for validity.
Point of Law : The only condition for registration of marriage as per Rule 6 of Rules, 2008 is that marriage is to be solemnized.
The court clarified that a divorce petition can be filed under the Divorce Act, 1869, even if the marriage is registered under a different act, provided one party is domiciled in India.
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