Punjab and Haryana High Court
Before : Anil Kshetarpal, J.
Madhu Chaudhary and others – Appellants
Versus
Rajinder Kumar and another – Respondents
A. Hindu Marriage Act,1955, Section 5 – Validity of marriage between Hindu male and Christian Female – Wife had embraced Hindu religion before marriage by performing all rites and ceremonies for change of her religion from being a Christian – Parties cohabited as husband and wife and gave birth to a son – Visited Hindu Places together – She also got constructed a temple – Marriage of the Parties to such a Hindu marriage cannot be held invalid – Appeal Dismissed.
B. Succession Act,1925, Section 372 – Succession certificate – The proceedings under section 372 of the succession certificate are summary in nature – The finding arrived at with regard to validity of marriage in a regular civil suit is binding on the Court deciding the validity of succession certificate, but that Court in summary proceedings cannot declare the marriage invalid.
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