• Is Christian marriage legal in India?

Hello Sir,

I was married my girl friend in a Church, in fact I am a Christian and the girl was a Hindu. Both of us from Neighboring villages. My father was expired. We both were working in Hyderabad. My mother is running a hotel there in our home town and the girls father is threatening us to kill my mother. I want to file a complaint against him. the thing is my girl told to her father about our love but not that we got married. Her parents didn't know that we got married. one of my friend is saying that the marriage in a church was not valid in India when they go so deep. He said like there is some loop holes in christian marriages. Please let me know Does it a valid marriage and how can I file a case against her father for threatening us?
Asked 6 years ago in Family Law
Religion: Christian

7 answers received in 1 day.

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14 Answers

1) marriage between Hindu and Christian is not valid unless girl has converted into Christianity

2)file police complaint against her father for criminal intimidation under section 506 of IPC

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

A marriage is a legally recognized union of a man and a woman, which thereto raises rights and obligations between them. The ritual of marriage is not merely a social contract but also establishes a bond of fate which binds a family together and lays down grounds for the future generation.

Registration of marriage is a mode of proof of marriage. On adducing the registration certificate of marriage, it may be presumed by the law that marriage is deemed to has taken place. In India, a marriage can be registered under either of the two Marriage Acts: the Hindu Marriage Act, 1955 or the Special Marriage Act, 1954.

A marriage which has already been solemnised can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs, the marriage is registered under The Special Marriage Act, 1954.

In your case both are from different religion so better done the marriage under Special Marriage Act, 1954.The Special Marriage Act, 1954 provides for a civil marriage of two Indians, without the necessity of renouncing their respective religion. The Act provide for civil marriage that would enable individuals to get married outside of their respective community mandates, many community based laws did not provide for inter – community or inter – caste marriages. Under the Special Marriage Act, 1954 any ‘two persons’ can perform a marriage. The inter –religious or inter – communal marriages are possible in India only under the Special Marriage Act, 1954. Under the Act a marriage has to be in a civil marriage form, though parties are free to perform any other additional ritual or religious ceremonies if they want to.

Both the parties to the marriage file a joint application before the marriage officer along with individual affidavit attested by notary public specifying the age(boy 21yrs &girl 18yrs), place of residence, marital status(unmarried or divorcee as the case maybe), mental status(not idiot or not with unfit mind), not related to each other. Along with this you have to give proof of age (School certificate, Passport, Pan card), proof of residence (Passport, ration card, voters ID card, rent agreement), & the application of such a marriage should be witnessed by 3 independent adult persons, affix one photograph of each of the parties & all the 3 witnesses.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

1. A marriage in a church has no legal sanctity under the Christian Marriage Act unless both i.e man and woman are Christians. So your marriage does not have any validity in the eyes of law.

2. You are free tough to marry under Special Marriage Act if none of you wants to change his/her religion.

3. File a complaint for criminal intimidation under Section 506 IPC against him in the nearest police station.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi, you can marry before the marriage registrar under special marriage act .. You will be issued a certificate of marriage thereafter .. You can file a police complaint under 506 IPC for threatning your mother

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

Hello,

Yes you are tight, marriage between a Hindu and Christian is not valid if the same has been performed in the Church. The marriage would have been legal if the same would have been registered as per the provisions of the Special Marriage Act.

You can file a criminal complaint in the police station for criminal intimidation.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Marriage is not valid, if she is not converted Hindu religion to Christian religion, but if both of you are major and the girl is in your favour then no need to worry.

File a complaint against him before police for threaten to kill.

Feel Free to call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

First of all the marriage could not have been solemnised in a church if she had not converted herself into Christianity.

If she was baptised to Christianity before marriage, then the marriage solemnised in a church is legally valid marriage even though you have not yet registered it.

Filing a complaint against her father for his threatening activities is your decision, that has nothing to do with this question.

T Kalaiselvan
Advocate, Vellore
84912 Answers
2194 Consultations

5.0 on 5.0

You can file complaint against your father in law under SC ST act if your FIL has abused you on basis of your caste

2) since you are Hindu your marriage is not valid if it has been solemnised in Church

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

If her father has done atrocities against you in the name of caste, you can very well lodge a complaint against him under the law prohibiting one from indulging in such illegal acts.

If the marriage was registered under special marriage act, then it is legally valid.

T Kalaiselvan
Advocate, Vellore
84912 Answers
2194 Consultations

5.0 on 5.0

Marriage certificate issued by the registrar after complying the formalities for registration is valid. But it should be issued after notice period and at the time of second motion.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

If you converted to Christianity your marriage in church would be valid

2) your wife has no share in her father self acquired property during his lifetime

Ajay Sethi
Advocate, Mumbai
94712 Answers
7530 Consultations

5.0 on 5.0

that is not a valid marriage, your marriage has to be solemnized under the special marriage act.

what kind of case she wants to file?

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

If your marriage certificate reflects the fact that this marriage was solemnized under the Special Marriage Act, this marriage is perfectly valid for all purposes.

Your mom can lodge a FIR against the father of your wife invoking relevant offenses under the SC/ST Act and the provisions of IPC.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

There is no legal impediment for a Hindu person marrying a Christian.

The marriage will be registered under special marriage act.

Your spouse cannot claim any share in her father's property just because she is the only daughter, at least not during their lifetime.

T Kalaiselvan
Advocate, Vellore
84912 Answers
2194 Consultations

5.0 on 5.0

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