TaxTMI 
TaxTMI 
2008 (12) TMI 678
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.... Subsequently, the marriage was registered on 2.11.1996 under Section 8 of the Hindu Marriage Act, 1955, hereinafter referred to as the "1955 Act". 3. Soon thereafter, on 13.3.1997, the respondent- wife filed a petition before the Family Court at Vishakapatnam, being O.P. No.84 of 1997, under Section 12(1)(c) of 1955 Act, for a decree of nullity of the marriage entered into between the parties on 24.10.1996 on the grounds mentioned in the said petition. 4. The main ground for declaring the marriage to be a nullity was mainly misrepresentation by the appellant regarding his social status and that he was a Hindu by religion, although it transpired after the marriage that the appellant and his family members all professed the Christian faith....
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....zed between any two Hindus, if the following conditions are fulfilled, namely :..." 8. Mr. Lalit submitted that the use of the word `may' in the opening words of Section 5 seems to indicate that the conditions were not mandatory and that as a result, the said conditions would not be binding on the marriage performed between the appellant and the respondent. 9. Mr. Lalit then took us through the provisions of Section 11 of the 1955 Act, which deals with void marriages and indicates as follows : "11. Void marriages :- Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any on....
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....provisions thereof. 12. Mr. Y. Rajagopala Rao, learned advocate appearing for the respondent wife, submitted that it will first have to be decided whether the marriage performed between the parties was a valid Hindu marriage or not. According to Mr. Rao, the other questions would arise only thereafter. In this regard, Mr. Rao submitted that the Preamble to the Hindu Marriage Act, 1955, in unambiguous terms makes it clear that the Act was promulgated to amend and codify law relating to marriage amongst Hindus. He urged that the language of the Preamble leaves no room for doubt that the Act and its provisions would apply to Hindus only, as defined in Section 2, Sub-section (1)(c) whereof specifically excludes a person professing the Christia....
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....belonged; and (c) any person who is a convert or re-convert to the Hindus, Buddhist, Jaina or Sikh religion. (2) Notwithstanding anything contained in sub-section (1),nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs. (3) The expression "Hindus" in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion is, nevertheless, a person whom this Act applies by virtue of the provisions contained in this section." 14. Reference was then made to Section 4 of the Act which, inter alia, provides that save as othe....
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....e marriage was a nullity on the ground that the appellant had been beguiled into the marriage by the appellant on fraudulent considerations, one of which was that he was a Hindu at the time of marriage. Mr. Rao submitted that since a valid marriage under the Hindu Marriage Act, 1955, could only be performed between two Hindus the marriage had been rightly declared to be a nullity by the High Court and its decision did not warrant any interference in this appeal. 16. Apart from the aforesaid question, another submission was advanced on behalf of the respondent to the effect that, after the decree passed in her favour declaring the marriage to be a nullity, she had remarried on 23.1.2003 i.e about 4 months after the decree declaring her marr....
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.... the conditions indicated were fulfilled. In other words, in the event the conditions remain unfulfilled, a marriage between two Hindus could not be solemnized. The expression `may' used in the opening words of Section 5 is not directory, as has been sought to be argued, but mandatory and non-fulfilment thereof would not permit a marriage under the Act between two Hindus. Section 7 of the 1955 Act is to be read along with Section 5 in that a Hindu marriage, as understood under Section 5, could be solemnized according to the ceremonies indicated therein. 22.In the facts pleaded by the respondent in her application under Section 12(1)(c) of the 1955 Act and the admission of the appellant that he was and still is a Christian belonging to the ....