Marriage Between a Hindu & a Non Hindu as Per Hindu Rites and Rituals Can Not Be Dissolved Under the Hindu Marriage Act, 1955
- Under the Hindu Marriage Act, 1955, the following persons are Hindus i.e. Hindus, Buddhists, Jainas or Sikhs by religion.
- Only Hindus can legally marry each other as per Hindu customs, traditions and rituals.
- If a Hindu marries a non Hindu as per Hindu rites and rituals, then he/she can not apply for divorce under the Hindu Marriage Act, 1955, as such marriage violates Section. 5 of the said act i.e. both the partners should be Hindus at the time of marriage. Marriage between a Hindu and a non Hindu as per Hindu customs and rituals is not legal.
- A Hindu can marry a non Hindu only under the provisions of Special Marriage Act, 1954.
- If a Hindu applies to the court for dissolution of his/her marriage with a non Hindu performed as per Hindu rites and rituals, then same will be dismissed as provisions of the Hindu Marriage Act, 1955, are not applicable on the marriage and divorce between a Hindu and a non Hindu.
- In a case decided by the Bombay High Court, the court declared that if the Respondent was not a Hindu at the time of marriage or at the time of filing petition for divorce, then the Hindu Petitioner cannot be granted divorce, as their marriage was in contravention of Section. 5 of the said act.
- To apply for divorce under the provisions of the Hindu Marriage Act, 1955, there has to be a marriage between two Hindu’s. Both the parties must be Hindu at the time of solemnization of marriage and also at the time of applying for divorce.
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