Divorce in spcl marriage act possible w/o having registered marriage?


My nephew’s marriage was not registered under the special marriage act. My nephew is a hindu and his wife is a Christian. They got married from Arya Samaj Mandir but now their marriage is on the rocks.

 

They did not take permission under the special marriage act. His wife claims that her father is a Christian and her mother is hindu. Can they still apply for a divorce?

 

Answer

 

We doubt about the validity of your nephew marriage. All inter religion marriage such as between Hindu and Christians have to be solemnized and registered only under the Special Marriage Act,1954. The marriage in Arya Samaj Mandir only has legal validity when marriage is solemnised between two Hindus only and not in cases when one is Hindu and another is Christian.The Hindu marriage under the Hindu Marriage Act,1955 requires both parties to be Hindus. In your case you nephew's wife was Christian and if before the Hindu marriage she never converted to Hindu religion, her marriage with a Hindu will be Null & Void.

 

In addition to this, there are various judicial pronouncement wherein the Court has observed that Hindu married to a non-Hindu in accordance with Hindu rituals cannot seek divorce under the Hindu Marriage Act. 

 

Further, you have already mentioned that your nephew has not registered under Special marriage Act, so it is clear that he will not be governed by Special marriage Act.

 

Furthermore, we will have to see all the documents relating to your nephew marriage before giving you the correct legal advice.

 

Hence we will first examine the validity of the marriage because if your nephew's marriage itself is not valid, the question of divorce does not arise.

 


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