HMA Marriage Beyond Foreign Law

Source: Gujarat High Court 

Why in News?

The Division Bench of Justices AY Kogje and Justice NS Sanjya Gowda in the case of X v. Y (2025) held that a marital dispute between two Hindus whose marriage was conducted in India can be entertained only under the Hindu Marriage Act, 1955 (HMA) and foreign family law shall not be applicable even if the couple are domiciled or have citizenship of a foreign country. 

What was the Background of X v. Y (2025) Case? 

• The couple got married in 2008 in Ahmedabad according to Hindu customs and ceremonies under the Hindu Marriage Act, 1955. 
• They moved to Australia where the husband was a permanent resident and had a child in 2013. 
• In 2014, marital differences arose, and the husband returned to India, obtaining an OCI card in 2015. 
• The wife continued to stay in Australia and obtained Australian citizenship in 2015. 
• On September 10, 2015, the wife along with their son returned to India. 
• In 2016, the husband filed for divorce before the Federal Circuit Court of Australia at Sydney. 
• On September 23, 2016, the wife filed a petition under Section 125 of the CrPC and a suit under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights before the Family Court at Ahmedabad. 
• On November 24, 2016, the Federal Circuit Court of Australia at Sydney granted the divorce; the wife's review was also dismissed. 
• On July 5, 2017, the wife was granted an OCI Card. 
• On July 11, 2018, the wife filed a family suit seeking declaration that the decree passed by the Federal Circuit Court of Australia at Sydney is null and void. 
• On March 31, 2023, the family court rejected her pleas, leading to this appeal. 

What were the Court's Observations? 

Key Observations: 

• The Gujarat High Court held that citizenship has "absolutely no relevance" to Hindu marriages performed in India, with only the Hindu faith of parties being relevant.  
• The court noted that allowing foreign law to govern such marriages would create "anomalous results" and found that the husband sought Australian divorce to avoid Hindu Marriage Act provisions.  
• The court also observed that even the Australian Court had jurisdictional doubts about recognition of its decree in India. 

Legal Principles Established: 

• The court established that Hindu marriages conducted in India are exclusively governed by the Hindu Marriage Act regardless of subsequent citizenship or domicile changes, making foreign law application "impermissible".  
• Following Supreme Court precedent in Y. Narasimha Rao case, only the law under which parties are married applies to matrimonial disputes.  
• The court also prohibited forum shopping where parties seek foreign jurisdiction to avoid Indian matrimonial laws. 

Court's Directions: 

• The Gujarat High Court set aside the family court's orders rejecting the wife's pleas and directed the family court to decide her case as per law, recognizing her valid cause of action.  
• The court stayed its order for two weeks upon the husband's counsel's request. 

What are the Relevant Legal Provisions in Relation to Marriage under HMA? 

Introduction: 

• Marriage is a sacred sacrament under Hindu Law and one of the necessary samskaras. 
• Hindu Marriage Act, 1955 (HMA) governs Hindu marriages and reformed Hindu Marriage Law. 
• Applies to all Hindus, including Buddhists, Sikhs, and Jains. 

Solemnization of Marriage (Section 7): 

• Marriage is valid if performed according to customary ceremony and rituals of either party. 
• Saptapadi (seven steps around sacred fire) makes marriage complete and binding when seventh step is taken. 
• Customary ceremonies vary by community - from simple garland exchange to elaborate yajna rituals. 

Essential Conditions for Valid Marriage (Section 5): 

Monogamy (Section 5(i)): 

• Neither party should have a living spouse at the time of marriage. 
• Violation makes marriage null and void under Section 11. 
• Bigamy punishable under IPC Sections 494-495 and HMA Section 17. 

Consent of Parties (Section 5(ii)): 

• Both parties must give free and informed consent. 
• Marriage is voidable if either party is forced or unable to consent due to mental illness. 

Age Requirements (Section 5(iii)): 

• Current minimum age: 21 years for bridegroom, 18 years for bride. 
• Originally 18 years for boys, 15 years for girls; amended in 1978. 
• Punishment: Up to 2 years rigorous imprisonment or fine up to ₹1 lakh, or both (Section 18). 

Degrees of Prohibited Relationship (Section 5(iv)): 

Prohibited marriages between: 

• Lineal ascendants/descendants. 
• Former spouses of lineal ascendants/descendants. 
• Specific in-law relationships (brother's wife, uncle's wife, etc.) 
• Brother-sister, uncle-niece, aunt-nephew, children of siblings 
• Punishment: Simple imprisonment up to 1 month or fine of ₹1,000, or both (Section 18(b)). 

Sapinda Relationship (Section 5(v)): 

• Prohibition extends to: 3rd generation through mother's line, 5th generation through father's line 
• Punishment: Imprisonment up to 1 month or fine of ₹1,000, or both (Section 18(b)) 

Registration of Marriage (Section 8): 

• State Governments empowered to make registration rules. 
• State can mandate registration universally or for specific areas/cases. 
• Fine for violation: Up to ₹25