marriage validity

Pooja (Querist) 07 November 2018 This query is : Resolved
Hindu and Christian got married I'm church.
Madras high court judgement states that it not valid if either of them doesn't convert.
Couple never lived together but in touch.
Now they don't want to be with each other.
The marriage would be valid as the same is neither solemnized under special marriage act nor register in court ?

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Dr J C Vashista (Expert) 08 November 2018
Marriage is invalid, incomplete and no divorce is required in the given hypothetical circumstances to make the question paper as academic.
Repeated query. It is absurd, ridiculous and stupidity

Guest (Expert) 08 November 2018
Refer the Special Marriage Act 1954. The Conversion is not mandatory and marriage would be legal. . Even if such marriages were not registered all legal applications like Court Divorce , Claiming of maintenance would be applicable.. If they are co operative they could apply for Mutual Consent Divorce. to be Legally safe. Other wise the other side could claim their Rights any time.

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Vijay Raj Mahajan (Expert) 08 November 2018
Madras High Court judgment must be for Hindu and Christian marriage according to Hindu form of marriage not Christian marriage in Church, check details of that judgment than talk with legal experts here.

M V Gupta (Expert) 08 November 2018
Inter religious marriages are not valid if either of the parties do not convert to the religion of the other. However such marriages are made valid if they are registered under the Special marriage Act. As such in the circumstances stated in the query the marriage in question is no marriage and the parties should request the church to cancel the marriage from their record as the Church was not competent to solemnize the marriage. Whether this is done or not the legal position is the marriage in question is not valid.