Only a Hindu can marry under HM Act: SC

When there was no marriage at the first place, there could not be a question of bigamy as has been claimed in the concerned case by the Hindu woman.

New Delhi, Jan 16: In a significant verdict, the Supreme Court has ruled that solemnising a marriage under the Hindu Marriage (HM) Act requires both the parties to be Hindus. Hearing the Ajay P. Mathew vs State of Telangana and another case, the apex court also clarified that any marriage between inter-faith couples under the Hindu Marriage Act is void ab initio.

The judgement sets a precedent that any relief under the same law would be available only if there is proper marriage under the HM Act. The remarkable observations have come from the Bench of Justices K.M. Joseph and B.V. Nagarathna when they were hearing the case of a Hindu woman claiming her marriage to a Christian NRI under the Act.

If there was no marriage, no charges of 'bigamy'

As from the case it appears that the Hindu woman accused the man for bigamy and filed a case against him under Section 494 of IPC, 1860. However, since the man claims that he is not a Hindu but a Christian, there was no registration of marriage under the Special Marriage Act, there is no 'marriage'. His claim is also based on the fact that the rituals that are claimed by the Hindu woman are not part of the Special Marriage Act.

Nonetheless, the woman's claims are based on the facts that there were indeed some rituals under Hindu Marriage Act. However, since it is a marriage between the followers of two faiths, it indeed requires marriage to be completed under the Special Marriage Act. The Hindu Marriage Act essentially requires that the marriage could happen when both the parties are Hindu.

Therefore, when there was no marriage at the first place, there could not be a question of bigamy as has been claimed in the concerned case by the Hindu woman. Following the same law there could not be any relief to the Hindu woman under Section 494 of IPC and there could not be any punishment for bigamy to the Christian man.

Conversion to Hinduism required for marriage under HM Act

Moreover, even if a Christian man converts to Hinduism and then carries out the marriage ceremonies under Hindu Marriage Act, there should be some evidence of conversion. Once the non-Hindu party converts to Hinduism and follows the ceremonies prescribed under the Hindu Marriage Act, for all practical purposes, it would be a marriage under the Act, the top court ruled.