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(2025) Law Today Live Doc. Id. 20072
Reserved on: 08.01.2025 Decided on: 08.04.2025
Christian Marriage Act, 1872 (15 of 1872), Preamble, Section 5 -- Special Marriage Act, 1954 (43 of 1954), Section 4 -- Hindu Marriage Act, 1955 (25 of 1955), Section 2(c), 5 – Hindu girl conducted marriage under Christian Marriage Act -- Chairman of Town Panchayat -- Reservation as Scheduled caste – Effect upon -- Having voluntarily embraced Christianity, she cannot blow hot and cold, claiming to be a Scheduled Caste for the purpose of 'public employment' -- She cannot identify herself a 'Hindu' after solemnization of marriage under the Indian Christian Marriage Act, 1872 -- Conferment of scheduled caste communal status to the 4th respondent, who is a Christian by religion, is nothing but a fraud on the Constitution -- To retain the socio-religious identity of a personality in case of marriages between two persons from two different religions, the only way out which could be adopted by the persons concerned to retain their original religion is to resort to a civil marriage under the Special Marriage Act, 1954.
(Para 71-75)