whether Hindu Christian Marriage is valid in Church or not ?

390 votes

Yes, a marriage between a Hindu and a Christian is valid as per law in India. The Indian legal system recognizes marriage as a union between two consenting individuals, regardless of their religion, caste, or ethnicity.

The Special Marriage Act, 1954 provides for the solemnization of marriages between two individuals belonging to different religions. Under this act, the marriage can be registered before a Marriage Officer and is recognized as a civil contract between two individuals. The parties to the marriage have to fulfill certain conditions such as being of marriageable age, giving notice of their intention to marry, and providing documentary evidence of their age, identity, and address.

Since you did not get your marriage registered under the Special Marriage Act, 1954 it is important for you to know that as per Section 15 of the Act, marriages that were celebrated in forms other than those solemnized under the Special Marriage Act, 1954 can be registered under this chapter by a Marriage Officer in the territories where this Act applies, provided a ceremony of marriage has been performed between the parties, and they have been living together as husband and wife ever since.

Section 12 of the Special Marriage Act, 1954 states that the marriage can be solemnized in any form that the parties choose, but it must include the exchange of vows in the presence of the Marriage Officer and three witnesses, using any language that both parties understand. The exchange of vows must include the statement, "I, (A), take (B) to be my lawful wife/husband" to be considered complete and binding on the parties.

So, to answer your question, a marriage between a Hindu man and a Christian woman is a valid marriage but its registration with the Marriage Officer is absolutely necessary for such marriage to be complete and binding. In order to obtain relief of Restitution of Conjugal Rights under Section 22 of the Act, it is important that such marriage is registered as per the Act.

LawRato LawRato

997 votes

According to letest judgment of madras HC Legally It's not valid. The marriage without conversion is only possible under Special Marriage Act. So if you want to give validity you can go for registration under Special Marriage Act.

Advocate Rohini Kumar LawRato

697 votes

As per my opinion and as per various case laws the Marriage is valid whether its registered or not . Customs are supreme than law specially in the case of marriage. You can file the case under section 9 of Hindu Marriage Act for Restitution of conjugal rights. If she still not come then you can file the divorce.

Advocate Vikas Nain LawRato

754 votes

Hi
As per section 4 of the Indian Christian Marriage Act marriage may be solemnised between two persons who are Christian or one of whom is Christian.
Hence if your wife is a Christian you could have validly solemnised your marriage is a church.

Advocate Pravin Sharma LawRato