A Hindu-rite marriage between a Hindu and Christian is void absent solemnisation under the Special Marriage Act.

The plaintiff, a Christian, and the defendant, a Hindu, married according to Hindu customs and rites on 13 March 2020.

Their marriage was not registered under the Special Marriage Act, 1954.

They began living separately on 20 September 2020, and the defendant did not dispute the separation.

The plaintiff sued under Section 7 of the Family Courts Act, 1984, seeking a declaration that the marriage was null and void and that no husband-and-wife relationship existed.

The Family Court dismissed the suit; the plaintiff appealed.

Whether the marriage between the plaintiff and defendant, solemnised on 13 March 2020, was valid.

Whether the Family Court’s judgment and decree dismissing the suit were sustainable in law.

Section 7 of the Family Courts Act, 1984, permits a suit seeking a declaration concerning the existence or validity of a marriage or the marital status of the parties.

Relying on Gullipilli Sowria Raj v. Bandaru Pavani @ Gullipilli Pavani, Civil Appeal No. 2446 of 2025, the Court applied the principle that a marriage between a Christian and a Hindu, solemnised according to Hindu customs without satisfying the statutory requirements of the Hindu Marriage Act, is a nullity.

The Court also relied on K. Shanmugha Raja @ Raja v. Shanthakumari, 2019 2 CTC 616, and Jeyakumari v. Stephen, A.S. (MD) No. 96 of 2016, decided 29 January 2025, concerning the availability of a declaration under Section 7 and the legal effect of such a marriage.

The parties’ religions, the Hindu rites used for the ceremony, and the absence of registration under the Special Marriage Act were undisputed.

Applying the Supreme Court’s ruling and the cited Madras High Court decisions, the Court held that the Hindu-rites ceremony could not be recognised as a valid marriage in these circumstances.

It also found that the Family Court had failed to consider that the suit was brought under Section 7 of the Family Courts Act, which permitted the plaintiff to seek the declaration.

It declared the marriage solemnised on 13 March 2020 null and void and declared that no legal husband-and-wife relationship existed between the parties.

No order was made as to costs.