AIR 2015 BOMBAY 42 ::2014 (6) AIR Bom R 731 ::(2015) 1 CivLJ 304 ::(2015) 1 AllMR 242 (BOM) ::(2015) 2 Bom CR 651 ::(2014) 3 DMC 715 ::(2014) 6 Mah LJ 558 ::(2015) 146 AllIndCas 698 (BOM)

Bombay High Court

Hon'ble Judge(s): V. K. Tahilramani, A. R. Joshi , JJ

(A) Hindu Marriage Act (25 of 1955) , S.5, S.11— Nullity of marriage - Petition by husband - On ground that he was a 'Parsi' by religion at time of marriage and wife was Hindu at time of marriage - No case of husband that he or wife were married earlier and having a spouse living at time of marriage - No case that they were within degrees of prohibited relationship or were sapindas of each other - Nothing to show contravention of provisions of S. 5 - Marriage cannot be held null and void under S. 11 of Act (1955). (Para 8 9) (B) Hindu Marriage Act (25 of 1955) , S.2, S.11— Nullity of marriage - Sought by husband on ground that he was a 'Parsi' by religion and wife was 'Hindu' at time of marriage - They performed marriage as per Hindu rites - Provisions of Hindu Marriage Act (1955) are applicable when both spouses are Hindu - Husband who is admittedly a 'Parsi' cannot avail of provisions of Hindu Marriage Act (1955). AIR 1998 Bom 74, 2014 (2) ABR 321, Rel. on. A plain reading of Section 2 of Act (1955) explicitly provides that the provisions of the Hindu Marriage Act can be availed and are applicable when both spouses are Hindus and it does not apply to any party who is a Parsi, Jew, Christian or Muslim. The husban....