A marriage that took place in 2022 between two individuals who did not adhere to any religion faced a legal challenge when a trial court dismissed a woman’s request to annul the marriage, stating it was not conducted according to Hindu law. The Madras High Court has now instructed the trial court to accept the case and proceed with the legal process. This decision followed the woman’s appeal to the high court after her complaint was rejected for the second time by the trial court.
Justice N Anand Venkatesh reviewed the woman’s appeal against an order from a district munsiff court dated April 29, which had returned her petition seeking a declaration that her marriage, conducted on June 9, 2022, and registered under the Tamil Nadu Registration of Marriage Act, 2009, was invalid.
During the hearing on September 24, Justice Venkatesh remarked on the situation, noting that the couple had chosen not to affiliate with any religion and wished to marry under the Tamil Nadu Registration of Marriage Act, 2009. Unfortunately, the marriage ended, prompting the petitioner to seek a legal declaration of nullity. He expressed concern over the continued distress faced by the petitioner due to the trial court’s refusal to entertain her case.
This case had previously been presented to the high court following an initial filing in the district munsif court, which returned the suit on July 21, 2025. The woman subsequently contested this decision in the high court.
On December 4, 2025, the high court mandated that the trial court provide her with an opportunity for a hearing and issue an appropriate ruling based on the merits of the case.
Upon returning to the trial court, the woman faced another setback on April 29 when her case was again dismissed, this time on the grounds of jurisdiction, as the marriage was not conducted under the Hindu Marriage Act. She then filed a revision petition with the high court.
Justice Venkatesh highlighted that the matter had already been addressed in a prior ruling by a division bench concerning marriages involving individuals without religious identification, which did not fall under the Hindu Marriage Act, Special Marriage Act, or other religion-specific statutes. The earlier ruling affirmed that parties could seek a declaration regarding their marriage through the family court’s jurisdiction.
The high court emphasized that the Family Courts Act does not limit its provisions to those of a specific religion, referencing the previous ruling that allowed for dispute resolution in matrimonial cases, including issues of marital status, for individuals unable to invoke other marriage laws.
Additionally, the court cited a Supreme Court ruling affirming that any suit or proceeding aimed at determining the validity of a marriage or matrimonial status falls within the family court’s jurisdiction, regardless of whether the pursued relief is affirmative or negative.
Considering this legal framework, the Madras High Court concluded that the woman’s petition should be accepted rather than rejected on the basis that the marriage did not adhere to Hindu customs.
While the high court refrained from declaring the marriage null and void, it focused on the appropriateness of returning the woman’s petition at the initial stage. The court annulled the April 29 order and directed the district munsiff court to file the petition, assign it a case number, and advance it according to legal protocols.
The registry was instructed to return the original petition to the woman, enabling her to re-submit it to the trial court for further legal action. The court mandated that the petition be re-filed by October 12.
The revision petition was accepted under these conditions, with no costs awarded. This ruling allows the woman’s claim to be evaluated through the legal system rather than being obstructed at the filing stage due to the marriage’s non-compliance with Hindu marriage law.
Vineet Upadhyay serves as an Assistant Editor at The Indian Express (Digital), where he oversees focused reporting on the Indian legal system.
