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Hindu-Christian wedlock invalid under Hindu Marriage Act: SC

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Agencies

Posted: Dec 06, 2008 at 1924 hrs IST

New Delhi Marriage between a Hindu and a Christian is invalid under the Hindu Marriage Act, as the Act provides for only Hindu couples to enter into a wedlock, the Supreme Court has ruled.

A Bench of Justices Altamas Kabir and Aftab Alam upheld the judgment of the Andhra Pradesh High Court which nullified a marriage, after the wife, Bandaru Pavani, a Hindu, claimed that her husband, Gullipilli Sowria Raj a Christian, had misled her by pretending to be a Hindu and married her at a temple.

The husband had misinformed about his social status, the wife had complained while seeking divorce.

According to the couple, Raj, a Roman Catholic Christian married Pavani on October 24, 1996, in a temple by way of exchanging of 'Thali' (sacred thread) in the absence of any representative from either side.

Subsequently, the marriage was registered on November 2, 1996 under Section 8 of the Hindu Marriage Act, 1955.

The matrimonial court rejected her plea for divorce saying the marriage was valid under the Hindu Marriage Act 1955, even if one of the parties belonged to any other faith.

However, the High Court upheld her plea and said the marriage was void as the Act postulated marriage only between Hindus, following which the husband filed the SLP in the apex court.

Dismissing the Christian husband's appeal, the apex court said Section 5 of the Act makes it clear that a marriage may be solemnised between any two Hindus if the conditions contained in the said Section were fulfilled.

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Agenda by The Heretic on 07 Dec 2008

I wonder why the husband filed the SLP when he knew that she's not interested. The dimwit should have let go at that point.

indu Christian wedding by kuritiba on 07 Dec 2008

Stop this nonsense. We are a secular state.Any citizen of India who want to enter a wedlock with another on his or her free will,should be able to do so irrespective of thier relegion and it should have nothing to do with state laws. What, are we now going to form our laws on preeching of mullas of Pakistan? How are we different from them? This spells intolerance and the law should be changed as from now.

bad by joe on 06 Dec 2008

r v living in stone age? why religion has to be brought in between? yes he cheated, he should be penalized

bad by joe on 06 Dec 2008

r v living in stone age? why religion has to be brought in between? yes he cheated, he should be penalized

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