A marriage under the HMA is valid only when it is solemnised between two Hindus in accordance with the essential rites and ceremonies prescribed under Hindu law, it added.
Solemnisation of marriage in accordance with Hindu rites and ceremonies cannot be treated as conclusive proof that a person has converted to Hinduism or is a Hindu for marriage registration under the Hindu Marriage Act (HMA), the Delhi high court has said.
The court delivered the verdict on a Swedish woman’s petition challenging Delhi revenue department guidelines that require at least one spouse to be an Indian citizen and a permanent resident within the jurisdiction of a marriage officer for registration under the HMA.
She also challenged the citizenship-based eligibility criteria under the Delhi (Compulsory Registration of Marriage) Order, 2014. Because the guidelines require at least one spouse to be an Indian citizen, the woman moved the high court when the registration could not be processed.
“Such modifications should enable applicants who are unable to use Aadhaar-based authentication, including foreign nationals and OCI card holders, to verify their identity through appropriate alternative documents, such as valid passports or OCI cards in accordance with the applicable statutory and procedural requirements,” the court said in its order.
