Citations/judgements stating inter-religion marriages are invalid

IK (Querist) 08 November 2012 This query is : Resolved
To
Lawyers Assn. Legal Experts.
Sub: Requirement of Citations or Judgements or References from Supreme Court or High Courts stating that
1) Inter-Religion Marriages are Invalid.
2) Marriages of Hindu and Muslim are Invalid under Hindu Marriage Act & Mohammadan Muslim Law.
3) Age of Marriage (Boy must be 21 yrs and Girl must be 18 years)

Dear Sir,
I am Mr. Khan residing at Bangalore City and respectful citizen of India. I have some queries and require a legal advice with Citations or Judgements from you. It would be highly appreciated in this regards.

Matter: The Boy (Muslim) was student in 12th std in a boy’s college and very popular sportsman in the college. His birth year is 1984. In the year 2003/04, the boy (Muslim) used to go to tuitions for 12th Science Subjects. In the tuition, a Girl (Hindu) had became friend with him. Even she was coming for 12th std tuition but from other college.

The Boy family background is good. His father is well respected Educationist and Mother is also Professor. The Girl family background is not good. His father is a Mestri (Contractor) and Mother is Housewife cum Dancer. They resided in very bad area in Bangalore were people mentally and quality of living is not good & famous for dirty things.

During there tuitions, her friends used to meet the boy’s friends and the same way this Muslim Boy and Hindu Girl became friends. The Hindu Girl came to know about the Boy’s family status, he used to go in Car and bike. Firstly the Boy tried to avoid, but off sudden many times she used to come to Boy with flattering talks and emotion and ask the boy to help her. Then this relation went further on, she started telling that she is in love with Muslim Boy. Then, she was always trying to woo and attract him. One day, she told that she cannot stay away from him. So she told that they shall runaway from their houses. The Boy was also became emotional with her. So, one day they ran away from their homes. Now, she forced the Muslim Boy to marry her.

Firstly the Boy got scared and avoid but she pressurized saying everything she and her friends has arrange. The boy was in dilemma. She took him to one Sri Ganesha Temple in the outskirts of the city and made some rituals and also she told to the Priest that Muslim Boy name is Rajesh(Hindu Name). But the Boy has not changed is Name legally (Still present he is a Muslim with his muslim name only). They taken photo of the pooja and both of them standing together. Some 8 photos have been taken. Then, the boy was afraid. They went back to their homes without informing anything to their parents.

Later on, the Hindu Girl started blackmailing him to run away from their homes. Unbearable she forced the Boy to take a separate home for her. Because her father always beats her. So, he paid some money to her. She taken a Room in her Name. Then she told that she is not able to stay without him or else she shall trouble him and told that she will trouble his younger brother.

Now the Boy got scared to inform the parents. So, he ran away from his home. He taken a bike on loan, and use to work in telecom marketing office. His opened Bank account for his salary purpose. He discontinued his studies.

Now the Boy’s parents came to know all abouts. They tried to convince but because of pressure from her, the boy was afraid to get rid. But the Girl’s Mother use to go to her rented home and was trying to give trouble to the Boy. Also she use to make plans to give trouble to his parents and sweet brother. The girl use to fight continuously with him.

But after sometime, the Boy realize that he is not going in proper direction and there is nothing to get afraid of anybody in life. So, he decided finally and rejoin with his parents. And after this there is no communication with anyone. This is how it happened. The Boy never made contact with her again. He told to his parents that he want to studies further in abroad. So, they sent him for studies.

Now the Case,
1. After longtime, in 2006 the Girl Registered a Complaint in the Police station as 498A, 506B under DP Act.
2. They have mentioned some witnesses like her mother, brother, some unknown persons also for creating the complaint.
3. She stated they are married as per Hindu Rituals. Photos in Temple taken. But No Proof of Marriage Certificate or affidavit or any legal document issued from the government or court authority.
4. The Age of Boy was 19 years and the Age of Girl was 18 years also. But as per the legal age to married the Boy must be 21 years.
5. But the Police registered as Dowry only seeing the photos.

The materials the Girl is having is:
a) Photos taken in the Temple
b) Photos taken outside.
c) Bank Passbook of the Boy with his Original muslim name
d) Bike loan paper of the Boy with his Original muslim name To the Court, She only submitted the Photos taken in the Temple not others.

Now, I have given all the facts and details about the incident.
1. Its inter-religion.
2. No marriage documents.
3. She never lived at Boy’s parents house.
4. Change of Name.
5. Never the parents asked for anything.
6. No religious conversion taken place on both sides.
* * * * * * * * * * * * * * * * *
Kindly provide your legal opinion with this regards. Requirement of Citations or Judgements or References from Supreme Court or High Courts stating that
1) Inter-Religion Marriages are Invalid.
2) Marriages of Hindu and Muslim are Invalid under Hindu Marriage Act & Mohammadan Muslim Law.
3) Age of Marriage (Boy must be 21 yrs and Girl must be 18 years)

Sir, this is a sincere request with your kindness. Please help us with the above details. Thank You

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ajay sethi (Expert) 08 November 2012

Surajmani Stella Kujur v. Durga Charan Hansdah
AIR 2001 SC 938 : (2001) 3 SCC 13

Who is a “Hindu” for the purposes of the applicability of the Hindu
Marriage Act, 1955 (“the Act”) is a question of law to be determined in this appeal.
3. Section 2 of the Act specifies the persons to whom the Act is applicable. Clauses (a),
(b) and (c) of sub-section (1) of Section 2 make the Act applicable to a person who is a Hindu
by religion in any of its forms or developments including a Virashaiva, a Lingayat or a
follower of the Brahmo, Prarthana or Arya Samaj and to a person who is a Buddhist, Jain or
Sikh by religion. It is also applicable to any other person domiciled in the territories of India
who is not a Muslim, Christian, Parsi or Jew by religion. The applicability of the Act is,
therefore, comprehensive and applicable to all persons domiciled in the territory of India who
are not Muslims, Christians, Parsis or Jews by religion.
4. The term “Hindu” has not been defined either under the Act or the Indian Succession
Act or any other enactment of the legislature. As far back as in 1903 the Privy Council in
Bhagwan Koer v. J.C. Bose [ILR (1902) 31 Cal 11, 15] observed:
We shall not attempt here to lay down a general definition of what is meant by the
term ‘Hindu’. To make it accurate and at the same time sufficiently comprehensive as
well as distinctive is extremely difficult. The Hindu religion is marvellously catholic
and elastic. Its theology is marked by eclecticism and tolerance and almost unlimited
freedom of private worship. Its social code is much more stringent, but amongst its
different castes and sections exhibits wide diversity of practice. No trait is more
marked of Hindu society in general than its horror of using the meat of the cow. Yet
the Chamars who profess Hinduism, but who eat beef and the flesh of dead animals,
are however low in the scale included within its pale. It is easier to say who are not
Hindus, and practically the separation of Hindus from non-Hindus is not a matter of
so much difficulty. The people know the differences well and can easily tell who are
Hindus and who are not.
5. The Act, is, therefore, applicable to: (1) All Hindus including a Virashaiva, a Lingayat,
a Brahmo, Prarthana Samajist and an Arya Samajist, (2) Buddhists; (3) Jains; (4) Sikhs.

ajay sethi (Expert) 08 November 2012
5. Section 5 lays down the conditions for a Hindu marriage and it is in these terms:
A marriage may be solemnized between any two Hindus, if the following
conditions are fulfilled, namely;
(i) neither party has a spouse living at the time of the marriage;
(ii) neither party is an idiot or a lunatic at the time of the marriage;
(iii) the bridegroom has completed the age of eighteen years and the bride the age
of fifteen years at the time of the marriage;
(iv) the parties are not within the degrees of prohibited relationship, unless the
custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing
each of them permits of a marriage between the two;
(vi) where the bride has not completed the age of eighteen years, the consent of her
guardian in marriage, if any, has been obtained for the marriage.
Section 11 lays down as to when marriages governed by the Act are to be considered void
marriages. It is in these terms:
Any marriage solemnized after the commencement of this Act shall be null and void
and may, on a petition presented by either party thereto, be so declared by a decree of
nullity if it contravenes any of the conditions specified in clauses (i), (iv) and (v) of
Section 5.

Sudhir Kumar, Advocate (Expert) 27 March 2013
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