JUDGMENT

Altamas Kabir, J. —

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 a 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 Vishakapatnam, being O.P. No.84 of 1997, under Section 12(1)(c) of 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.

4.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 f