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Post Info TOPIC: Hindu woman, Christian mans marriage not valid if either does not convert: HC


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Hindu woman, Christian mans marriage not valid if either does not convert: HC
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https://www.indiatoday.in/pti-feed/story/hindu-woman-christian-mans-marriage-not-valid-if-either-does-515505-2015-11-19

Hindu woman, Christian mans marriage not valid if either does 

not convert: HC

 
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Madurai, Nov 19 (PTI) Marriage between a Hindu woman and a Christian man is not legally valid if either of them does not convert, the Madras High Court today held.

Dismissing a Habeas Corpus petition filed by the womans parents, justices P R Shivakumar and V S Ravi said if the couple wanted to solemnise the marriage as per Hindu custom, the man should have converted to Hinduism or she should have converted to Christianity if she wanted to do so as per Christian custom.

In the alternative, their marriage should have been registered under the Special Marriage Act, 1954, if they preferred to follow their religions without conversion.

The woman, who was produced in court by police after the petition was filed, told the judges that she had got married in a temple at Palani, to which they asked how the marriage was valid as per Hindu law if the man did not convert.

The woman, however, remained steadfast in her decision to go with him, which they did as she was a major.

"As she is a major she can go anywhere she likes, though they had not married as per law," the bench here said.

The judges said that the girl became a major on May 29 and she was free to go to any place at her will. As per law, she did not need care and protection. PTI SSN APR ZMN MAV



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Supreme Court asks man to prove bona fide after conversion

Supreme Court of India. File   | Photo Credit: The Hindu

 

He had changed religion for marriage.

The Supreme Court on Wednesday asked a man, who converted from Islam to Hinduism to marry a Hindu girl, to prove his bona fide.

Noting that he must be “a loyal husband and not only a great lover”, a Bench of Justices Arun Mishra and M.R. Shah explained that the court has asked him to prove his good intentions by filing an affidavit only in order to secure the girl’s future and safety.

“We want to know whether he has converted for marriage or otherwise... We are not averse to this kind of living together. We are all for inter-faith and inter-caste marriages,” the Bench remarked orally.

The case was heard on an appeal filed by the girl’s parents for their daughter. They moved the court after the Chhattisgarh High Court recorded the 24-year-old girl’s willingness to live with her ‘husband.’

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The girl’s father, represented by senior advocate Mukul Rohatgi, submitted that the marriage was a sham. The man had changed his name merely for the purpose of marriage. He had returned to the fold of Islam.

Mr. Rohatgi said “around 70 policemen came and took her (the girl) away.”

“Have you changed your name? Have you taken all legal steps to change the name?” the Bench asked the boy’s counsel and senior advocate Rakesh Dwivedi.

Mr. Dwivedi said the court cannot intervene in the choice of a woman to decide whom to live her life with. The lawyer quoted the Hadiya case decision of the Supreme Court, which said the right to choice of partner is part of the fundamental right to life under Article 21.

Mr. Dwivedi said the court could very well summon the girl to gauge her response.

“I will file affidavit on bona fide within three days,” Mr. Dwivedi responded.

Senior advocate Gopal Sankaranarayanan, for the girl, submitted she wanted protection from her father.

The Chhattisgarh government said the plea has been moved by “disgruntled parents”.



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