Marriage between a Hindu and a non-Hindu not valid under Hindu Marriage Act- Delhi HC

The marriage between a Hindu and a non-Hindu solemnised as per the Hindu rites is neither valid nor the parties can claim any benefits under the Hindu Marriage Act (HMA), the Delhi High Court has ruled.

The High Court also held that “mere theoretical allegiance” to Hinduism would not make one a Hindu unless he or she had actually converted to the religion.

“Mere fact that the parties had solemnised the marriage as per the Hindu rites and ceremonies would not attract the applicability of the Hindu Marriage Act as the mandate of the law is that marriage has to take place between two Hindus,” said Justice Kailash Gambhir in a recent judgement.