Hindu woman, Christian man's marriage not valid if either does not convert: Madras High Court

Madurai: Marriage between a Hindu woman and a Christian man is not legally valid if either of them does not convert, the Madras High Court on Thursday held.

Dismissing a Habeas Corpus petition filed by the woman's parents, justices P R Shivakumar and V S Ravi said if the couple wanted to solemnise the marriage as per Hindu custom, the man should have converted to Hinduism or she should have converted to Christianity if she wanted to do so as per Christian custom.

In the alternative, their marriage should have been registered under the Special Marriage Act, 1954, if they preferred to follow their religions without conversion.

The woman, who was produced in court by police after the petition was filed, told the judges that she had got married in a temple at Palani, to which they asked how the marriage was valid as per Hindu law if the man did not convert.

The woman, however, remained steadfast in her decision to go with him, which they did as she was a major.

"As she is a major she can go anywhere she likes, though they had not married as per law," the bench here said.

The judges said that the girl became a major on May 29 and she was free to go to any place at her will. As per law, she did not need care and protection.