Hello,
you may file a suit for annulment of the marriage. As per hindu marriage act a marriage can only be solemnized under the said act if both husband and wife are Hindu.
Regards
Special marriage certificate
Hi Can you please tell me when a British Citizen marries an Indian citizen in India has marriage certificate under the Hindu marriage act, is legal or not? If not, if the British Citizen wants to divorce does he need to re register under special marriages act and then apply for divorce or can they apply for annulment since the Hindu certificate is not valid? The couple have been separated for 2 years. Please advice. Thanks Shalini
Asked 7 years ago in Family Law
Religion: Hindu
19 Answers
The certificate under hindu marriage act.is legal if both are hindu married as per hindu rituals. Divorce has to be filed under hindu marriage act only under section 13
On grounds like cruelty desertion adultery or a.mutual divorce.under 13 B in the jurisdictional family.court India.
Marriage between a British citizen and an Indian citizen which has being solemnised under the provisions of Hindu Marriage Act is void marriage.
By virtue of section 5 of the Hindu Marriage Act 1955, a marriage will be valid only if both the parties to the marriage are Hindus. If one of the parties to the marriage is a Christian or Muslim, the marriage will not be a valid Hindu marriage.
You can file for annulment on such grounds. No need to do registration under special Marriage Act.
Is the British citizen Hindu ?
If both parties are hindus marriage can be registered under provisions of HMA
3) if British citizen is not Hindu then marriage should be registered under provisions of SMA
4) you can divorce your wife under HMA if both parties are Hindus
If the British subject here is a Hindu, this marriage is perfectly legal and is rightly registered under the Hindu Marriage Act.
Annulment cannot be filed since this marriage is perfectly valid, if the British subject is a Hindu. In that case, seeking a divorce is the only option.
As per Sec 8 (5) of the Hindu Marriage Act, 1955, not getting a marriage registered does not render it null and void. Hence, the petition for divorce can be filed without a marriage being registered as well
In case the marriage is solemnized under Special Marriage Act, 1954, then action for divorce can be initiated under the said law.
Thank you all for your responses. Appreciate it. Both parties are Hindus in this case, only difference is that one is on British passport and the other is on Indian passport currently and was the case at the time of marriage as well. I thought SMA caters for all religions; not necessarily just Hindus and is applicable to those who are not Indian citizens. Or are you saying that irrespective of citizenship if both parties are Hindus, marriage in India under the Hindu act is legal? Many thanks.
Asked 7 years ago
The hindu marriage applicable.to all hindus and hindu marriages solemnised in territory of India the marriage is legal.
If both parties are Hindu's, then the marriage is valid and legally binding on both the parties.
in the facts and circumstances of the case, you will have to file divorce petition under section 13 of the Hindu Marriage Act. There are various valid grounds for divorce such as adultery, cruelty, desertion, conversion etc.
Yes, irrespective of citizenship, if both the parties are Hindu and marriage was solemnised in accordance with the Hindu rites and rituals, the Hindu marriage act holds the field.
If both parties are Hindus irrespective of citizenship marriage can be solemnised under HMA and registered
Dear Madam,
The last choice is appropriate since it appear British National not belongs to Hindu religion as such the marriage certificate is held to be null and void and annulment of the same may be sought for by one of the spouse.
1. Is the said British citizen a Hindu?
2. If yes, then the said marriage is registered under Hindu Marriage act is valid.
3. If the said British Citizen is not a Hindu then the said marriage is invalid for which he hac file a petition praying for annulment of the said registration of marriage under hindu Marriage Act.
1. Irrespective of their citizenship if both the persons are Hindu by religion, then the said marriage registered under hindu Marriage act is valid.
2. He shall have to file a divorce suit on the ground of cruelty in india.
3. it will be prudent on the part of both of them to jointly file a mutual consent divorce petition on agreed terms which will be decided within 6 & 1/2 months from the date of its filing.
1) Your marriage will get dissolve as per foreign marriage act which is equivalent to special marriage act.
If their marriage was registered under Hindu marriage act and since both are Hindus they can file divorce case under the provisions of HMA itself.
Since their marriage had been registered under HMA, divorce under the provisions of HMA is maintainable.
If marriage is registered as per Hindu marriage Act it can't be re Registered as per Special Marriage Act. For annulment you need very strong ground. Marriage between a foreigner and Indian is solemnized mostly as per special Marriage Act or Foreign marriage Act.
If the British Citizen was not Hindu than the marriage was void as per Hindu Marriage Act-1955
but as per your query both the parties are Hindu than the marriage is Valid and registration is also valid.
for divorce, if the British Citizen Wants, he/she has to file a divorce petition before the Family Court under any ground as mention in Section 13 of Hindu Marriage Act-1955, and there is no requirement for any other certificate like SMA.
Feel Free to Call
1. It is perfectly legal. To be able to apply for divorce the British citizen is under no liability to register under Special Marriage Act.
2. Even marriage between an Indian and foreign citizen can be registered under Hindu Marriage Act if they fulfill the conditions of marriage laid down in HMA.
