Hindu marriage validity requires both parties to be Hindus; registration cannot cure a marriage outside the Act's scope.

A marriage under the Hindu Marriage Act, 1955 is valid only where the Act applies to both parties as Hindus and the statutory conditions for solemnization are satisfied. The Act is a codifying statute confined to Hindu marriages, and Section 5 is mandatory in effect, while Section 7 contemplates Hindu ceremonies only for a valid Hindu marriage. A marriage involving a non-Hindu does not fall within the Act's statutory foundation, and registration under Section 8 cannot cure that defect. On the stated facts, the marriage was outside the Act's ambit and treated as a nullity.

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Issues: Whether a marriage solemnized under the Hindu Marriage Act, 1955, between a Hindu and a Christian is valid, and whether registration of such marriage under Section 8 validates it.

Analysis: The Hindu Marriage Act, 1955, is a codifying statute dealing with marriage among Hindus, as indicated by its Preamble and the scheme of Section 2. Section 5 permits solemnization only between two Hindus if the prescribed conditions are fulfilled, and the use of the word "may" in that provision is mandatory in effect, not optional. Section 7 operates with Section 5 and contemplates solemnization according to Hindu ceremonies only for a valid Hindu marriage. A marriage involving a person who is not a Hindu does not satisfy the statutory foundation of a Hindu marriage, and registration under Section 8 cannot cure that defect. On the admitted facts, the marriage between the parties was therefore outside the scope of a valid Hindu marriage under the Act.

Conclusion: The marriage was a nullity under the Hindu Marriage Act, 1955, and the challenge to the High Court's decision failed.

Ratio Decidendi: A marriage under the Hindu Marriage Act, 1955, can be valid only if it is solemnized between two persons to whom the Act applies as Hindus and the statutory conditions of Section 5 are fulfilled; registration cannot validate a marriage that is outside the Act's ambit.

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