HMA provides marriage among two Hindus in accordance with the formalities provided in it.
NEW DELHI: In a first ever judgment on the validity of a marriage between a Hindu and a Christian under the Hindu Marriage Act, the supreme court on Friday held that such a wedding was illegal or nullity even if registered under Hindu law.
HMA provides marriage among two Hindus in accordance with the formalities provided in it. Quoting the HMA’s preamble, the apex court says it’s “an Act to amend and codify the law relating to marriage among Hindus”.
The crucial judgment came in an appeal by a Christian, Gullipilli Sowria Raj, who married a Hindu, Bandaru Pavani.
Within months of the temple marriage by exchange of thalis when no relative or guest was present, wife Pavani sought nullity of the relationship before the Vishakhapatnam family court saying her husband had concealed the fact that he was a Christian and continued to practice Christianity even after marriage.
While the family court rejected her plea, the high court accepted it and declared in 2002 that “the marriage between a Hindu and a Christian under the 1955 Act is void ab initio and the marriage was, therefore, a nullity”.
Pavani married a Hindu man soon thereafter. But her former husband moved the apex court contesting the nullity. He contended that the HMA “does not preclude a Hindu from marrying a person of some other faith”. That meant that a Hindu woman had married him, a Christian, thus it couldn’t be declared illegal, more so when it’s registered under the Hindu Marriage Act.
Pavani’s counsel Y Rajagopala argued that HMA’s Preamble “makes it clear that it was promulgated to amend and codify law relating to marriage among Hindus”. The language of the Preamble “leaves no room for doubt that the Act would apply to Hindus only and specifically excludes a person professing the Christian faith”. “Each religious community in India had their own form of marriages which excluded members of other religious communities,” Rajagopala added.
A bench headed by justice Altamas Kabir held the marriage solemnised in accordance with Hindu customs invalid.
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