Adv.Sagar Gharat (Proprietor) 02 December 2011

Marriage status

hello,

Kindly can the experts tell me what will be the legal status of a marriage where husband is a hindu and the women is a christian at the time of the marriage and the marriage is solemized under hindu customs and the same is registered under the Hindu Marriage Act.

What will be the legal status of the marriage?

What act will it be governed under?

And under which Act the parties can be divorced?

Reply Follow

7 Replies

Bharatkumar (ADVOCATE ) 02 December 2011

Both r marry as per Special Marriage Act.

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 02 December 2011

It is not a valid marriage.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

2 Like

niranjan (civil practice) 02 December 2011

Since one of you is christian,hindu marriage act is not applicable but under sec.15 of special marriage act you should get registered.

1 Like

Avnish Kaur (Consultant) 02 December 2011

MARRIAGE IS NOT VALID.

1 Like

Arif Iqbal (Advocate) 03 December 2011

Marriage is void, ab initio, You should file a declaratory suit under the Specific relief Act for a declaration that:

1) The marriage is void ab initio;

1) The registration is illegal and is liable to be cancelled;

Since sec 11 of the HMA is, Void marriages. — Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto[against the other party], be so declared by a decree of nullity if it contrivances any one of the conditions specified in clauses (i), (iv) and (v) of Section 5.

Now the ground of the parties not being Hindus are not covered by Sec 5 (i), (iv) and (v), hence you should prefer declaratory suit under the Specific Relief Act;

Experts please correct me if I am wrong;