A born Muslim girl brought up by a Hindu family married a Hindu boy as per shastric ceremonies. The…

Under Section 5 of the Hindu Marriage Act, 1955, a valid Hindu marriage may be solemnized only between two Hindus. According to Explanation (b) to Section 2(1) of the Act, a child who is brought up as a member of a Hindu family is considered a Hindu by upbringing only if at least one of the child's parents is a Hindu; a girl born to Muslim parents who has not converted to Hinduism does not become a Hindu merely by being brought up in a Hindu family. Consequently, a marriage solemnized between her and a Hindu boy under shastric ceremonies contravenes Section 5 and is invalid (void), rather than valid or voidable under Section 12.