Digest Hindu Marriage Act

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*Hindu Marriage Act, 1955, Ss.2, 5* - Void marriage - Respondent/husband a Muslim, unwillingly and only to marry petitioner/wife a Hindu, converted from Muslim Religion to Hinduism and not even lived as Hindu - There is no valid conversion from Muslim religion to Hindu Religion - Once there is no valid and voluntary conversion and its recognition as a Hindu of Respondent from parent Muslim religion, marriage between respondent and petitioner is void ab initio because of bar of Ss.2, 5 of the Act.
2016(4) Civil Court Cases 275 (Hyderabad) (DB)

*Hindu Marriage Act, 1955, Ss.2, 5, 12, 13* - Divorce - Marriage of a Hindu with a Muslim - Hindu Marriage Act is not applicable when one of the parties is not a Hindu.
2010(1) Civil Court Cases 248 (P&H)

*Hindu Marriage Act, 1955, Ss.2(1)(b), 2(3) & 5* - The Act applies to a Hindu outside the territory of India, only if he is a Hindu domiciled in the territory of India - Only those Hindus having permanent residence in India are covered by the Act.
1997(2) Civil Court Cases 273 (Kerala)

*Hindu Marriage Act, 1955, S.2(1)(c)* - Explanation (c) - Convert or re-convert - A mere theoretical allegiance to the Hindu faith by a person born in another faith does not convert him into a Hindu - Mere declaration also is not sufficient - Bonafide intention to be converted to the Hindu faith, accompanied by conduct unequivocally expressing that intention may be sufficient evidence of conversion - No formal ceremony of purification or expiation is necessary to effectuate conversion.
2010(2) Civil Court Cases 186 (Kerala) (DB)

*Hindu Marriage Act, 1955, S.2(1)(c)* - Explanation (c) - Convert or re-convert - Assertion of embracing Hinduism requires to be given due weightage - Conduct can be proved that marriage was solemnised in accordance with Hindu religious rites and ceremonies - Worshipping Hindu Gods after conversion is also one of the modes - Another mode is to show that after conversion she has held out to the world that she is a Hindu - All these circumstances, if established, are sufficient to hold that a person has become a Hindu by conversion.
2010(2) Civil Court Cases 186 (Kerala) (DB)

*Hindu Marriage Act, 1955, S.2(1)(c)* - Explanation (c) - Convert or re-convert - Going through marriage ceremony according to Hindu rites in the presence of a large number of persons - Clearly indicates that that person was converted to Hinduism before the marriage ceremony was performed.
2010(2) Civil Court Cases 186 (Kerala) (DB)

*Hindu Marriage Act, 1955, S.5* - A Hindu converting to Islam returned to Hindu fold after Shudhikaran ceremonies in the manner and being followed by Hindu customs - Marriage of such a person with a Hindu is permissible u/s 5 of the Act - Marriage cannot be declared a nullity.
2011(4) Civil Court Cases 0176 (S.C.)

*Hindu Marriage Act, 1955, S.5* - Customary form of marriage - Kudivaippu Marriage - Suit for partition - Under the Pristine Hindu Law, married daughters are not entitled to a share if their marriage was in Kudivaippu form after payment of streedhana to them at the time of their marriage - In the instant case, though defendants failed to prove the marriage of daughters of deceased under Kudivaippu form but their title is perfected by way of adverse possession therefore daughters of deceased are not entitled for the share as claimed by them in suit.
2014(Suppl.) Civil Court Cases 094 (S.C.)

*Hindu Marriage Act, 1955, S.5* - Dissolution of marriage - Marriage solemnized between parties as per Christian Marriage Act, thus, it cannot be dissolved as per S.5 of Hindu Marriage Act.
2016(4) Civil Court Cases 080 (Madras) (DB)

*Hindu Marriage Act, 1955, S.5* - Karewa marriage - With a stranger who did not belong to family of deceased husband - Held, such a Karewa marriage is invalid - Valid Karewa marriage of a widow can only be with family member of deceased husband.
2012(4) Civil Court Cases 423 (P&H)

*Hindu Marriage Act, 1955, S.5* - Marital status - Long cohabitation between parties - School records of children of plaintiff/wife and voter list shows that deceased married plaintiff as his third wife - Moreover, plaintiff cohabiting with deceased from long time - They have been recognized as husband and wife by society - Thus, plaintiff acquired status of third wife of deceased.
2017(4) Civil Court Cases 117 (Madras)

*Hindu Marriage Act, 1955, S.5* - Marriage - Long co-habitation - Where there is overwhelming evidence on record to prove long cohabitation between parties presumption is in favour of legitimacy of such marriage - Once long cohabitation as husband and wife is proved then burden shifts to one who asserts that there was no marriage or marital relationship.
2016(2) Civil Court Cases 583 (Chhattisgarh)