SC Observed: ‘Only Hindus Can Marry under Hindu Marriage Act’

The Supreme Court on Friday observed that any marriage between inter-faith couples under the Hindu Marriage Act is void and only Hindus can marry under the same law.

A Bench of Justices KM Joseph and BV Nagarathna was hearing a plea challenging an August 2017 order of the Telangana High Court. The court has posted the matter for further hearing in February.

Earlier The Telangana High Court had refused to quash proceedings against the petitioner under Section 494 of the Indian Penal Code (IPC).

A complaint has been filed in Hyderabad against the petitioner under section 494 of IPC,1860 in 2013 alleging that the petitioner de facto was married to the complainant in February 2008 according to Hindu Rites thereby their wedding is under the Hindu Marriage Act of 1955.

The petitioner claimed that he has been falsely implicated in the case and he has not committed any offense much less the alleged offense and the allegation that the petitioner married the Defacto complainant in accordance with Hindu rites/customs is not true.

The petitioner also claimed that except for her statement, she has not filed any proof of the alleged marriage with her the petitioner, as it has not at all taken place. The petitioner said he is a Christian and the complainant is a Hindu.

The petitioner also said that there is no evidence on record to the allegation that the petitioner married another woman while the marriage with the complainant was subsisting and therefore, the main ingredients of the offense under Section 494 of IPC are not made out and therefore taking the cognizance of the case under Section 494 of IPC against the petitioner is illegal, without jurisdiction and unjust.