Kerala High Court upholds the rule that a Christian's will stands revoked by the testator's marriage
16 October 2026
A Division Bench of Justice Sathish Ninan and Justice P. Krishna Kumar has upheld Section 69 of the Indian Succession Act, 1925, which automatically revokes a will when the testator marries.
The matter came up as a suo motu civil reference to examine the validity of Section 69, along with connected petitions.
The Bench held that the provision does not violate Article 14 or Article 15, is not manifestly arbitrary and does not curtail testamentary capacity.
Section 69 does not apply to wills made by Hindus, Buddhists, Sikhs and Jainas, because it is left out of Schedule III of the Act and Section 57 says marriage does not revoke a Hindu's will.
The Court said the object of Section 69 is to protect the new family, and that a Hindu wife already has a right to maintenance from her husband under Section 18(1) of the Hindu Adoptions and Maintenance Act, with no comparable obligation in Christian personal law.
It held that not extending a provision with a laudable object to Hindus does not by itself violate Article 14. The neutral citation is 2026:KER:77525.
In plain words
Testator The person who makes a will — The maker of a will, whose death brings it into effect.
Suo motu reference A reference taken up by the court on its own — A matter the court itself places before a larger bench for decision.