Hindu marriage ties non-Hindus in knots, couple gets HC wrap

Discussion in 'Politics & Society' started by Yusuf, Jun 24, 2012.

  1. Yusuf

    Yusuf GUARDIAN Administrator

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    :facepalm: flexibility called for. Whatever happened to freedom to choose.

    http://m.timesofindia.com/PDATOI/articleshow/14366238.cms

    MUMBAI: Marry in a hurry and repent at leisure, observed the Bombay high court as it grappled with a tangle that a Christian man had landed in by marrying a Muslim woman under the Hindu Marriage Act.

    Mark Rebello had married Sakina Khan (names changed) on May 31, 1995 according to Vedic rites, apparently after being misguided by the marriage 'shops' outside the Bandra courts, and their marriage was registered under the Bombay Registration of Marriages Act. They had a daughter in 1998. Till 2005 everything was fine, but then differences cropped up and the couple separated in 2008.

    The family court dismissed Mark's petition in 2008 for nullifying the marriage under Section 7 of the Hindu Marriage Act, saying it was not maintainable as they were both non-Hindus.

    "How did you select to marry under the Hindu Marriage Act?" asked Justice PB Majmudar, who along with Justice Anoop Mohta heard Mark's petition challenging the family court order. "From day one, your marriage is illegal. Marry in (a) hurry and repent at leisure," he said. "They are opening shops for marriage and divorce also. Law-abiding citizens should never take advice from touts."

    'Marriage shops misguided couple'

    When Bombay high court judges pointed out that couple Mark Rebello and Sakina Khan should have married under the Special Marriage Act instead of the Hindu Marriage Act, Mark's advocate said they were misguided by the marriage 'shops'. "Marriages are solemnized here. They are giving divorces also on stamp paper. Their conduct must be deprecated by the court," he added.

    Mark claimed in his petition that on June 16, 1995, he and Sakina, who got separated in 2008, had got married in church. But it did not seem to cut ice with the courts with the family court dismissing on November 10, 2011, his petition for declaration of the status of his marriage under section 34 of the Specific Relief Act.

    The court reasoned that an earlier dispute between the same parties and under the same cause of action had attained finality and, hence, a fresh petition was not maintainable.

    Sakina's advocate opposed the stand, saying the family court was right in dismissing his petition.
     
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  3. pmaitra

    pmaitra Moderator Moderator

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    This marriage is null and void, and should essentially have been under the Special Marriage Act.

    Mr. Sayare, please correct me if I am wrong.

    However, the court should have considered being a bit flexible, that even if not in letter, it was a valid marriage in spirit.
     
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  4. Ray

    Ray The Chairman Defence Professionals Moderator

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    Even an idiot knows that this is void being most ludicrous!

    In addition, the so called 'Marriage Shop' should be booked for fraud!
     
  5. amitkriit

    amitkriit Senior Member Senior Member

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    If this marriage is null/void it makes their lives easy, no need to seek divorce.
     
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  6. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    Lol prima facie void, no more arguments, they should have married under Special marriage act.
     
  7. Bhadra

    Bhadra Defence Professionals Defence Professionals Senior Member

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    Marriage is a contract between two individuals which can not be void due to religious reasons unless the religious sanctity of the contract is paramount to the terms of contract itself. It should be left to the two individuals which contractual obligations they wish to enter to, Hindu, Muslim or secular legal contract.
     
  8. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    Though i agree with you, but i'll put some facts, marriages are solemnized as per religious beliefs and it has a reason behind it, they are so to avoid the prohibited degree of relationship e.g. incest relations, incest relations are historically avoided, because children born of incest relations had great risk of death and disabilities and it was due to genetic diseases which were prone to occur in incestuous kids.

    Personal laws can not be used to override secular laws, and secular laws can not be be used to avoid personal laws.

    Even the Special marriage act, 1954 has a schedule regarding it which mentions prohibited degree of relationship, for marriage under this act the couple should be beyond these prohibited degrees, little OT but have a look at it:-

    THE FIRST SCHEDULE
    (See Sec.2 (b))

    Degree of Prohibited Relationship
    (for bridegroom)
    1. Mother
    2. Father's widow (step-mother)
    3. Mother's mother
    4. Mother's father's widow (step grand-mother)
    5. Mother's mother's mother
    6. Mother's mother's father's widow (step-great-grandmother)
    7. Mother's father's mother
    8. Mother's father's father's widow (step-great-grandmother)
    9. Father's mother
    10. Father's father's widow (step-grandmother)
    11. Father's mother's mother
    12. Father's mother's father's widow (step-great-grandmother)
    13. Father's father's mother
    14. Father's father's father's widow (step-great-grandmother)
    15. Daughter
    16. Son's widow
    17. Daughter's daughter
    18. Daughter's son's widow
    19. Son's daughter
    20. Son's son's widow
    21. Daughter's daughter's daughter
    22. Daughter's daughter's son's widow
    23. Daughter's son's daughter
    24. Daughter's son's son's widow
    25. Son's daughter's daughter
    26. Son's daughter's son's widow
    27. Son's son's daughter
    28. Son's son's son's widow
    29. Sister
    30. Sister's daughter
    31. Brother's daughter
    32. Mother's sister
    33.Father's sister
    34. Father's brother's daughter
    35. Father's sister's daughter
    36. Mother's sister's-daughter
    37. Mother's brother's daughter

    Explanation.- For the purposes of this Part, the expression "widow" includes a divorced wife.
    PART II
    (for bride)
    1. Father
    2. Mother's husband (step-father)
    3. Father's father
    4. Father's mother's husband (step-grandmother)
    5. Father's father's father
    6. Father's father's mother's husband (step-great-grandfather)
    7. Father's mother's father
    8. Father's mother's mother's husband (step-great-grandfather)
    9. Mother's father
    10. Mother's mother's husband (step-grandfather)
    11. Mother's father's father
    12. Mother's father's mother's husband (step-great-grandfather)
    13. Mother's mother's father
    14. Mother's mother's mother's husband(step-great-grandfather)
    15. Son
    16. Daughter's husband
    17. Son's son
    18. Son's daughter's husband
    19. Daughter's son
    20. Daughter's daughter's husband
    21. Son's son's son
    22. Son's son's daughter's husband
    23. Son's daughter's son
    24. Son's daughter's daughter's husband
    25. Daughter's son's son
    26. Daughter's son's daughter's husband
    27. Daughter's daughter's son
    28. Daughter's daughter's daughter's husband
    29. Brother
    30. Brother's son
    31. Sister's son
    32. Mother's brother
    33. Father's brother
    34. Father's brother's son
    35. Father's sister's son
    36. Mother's sister's son
    37. Mother's brother's son

    Explanation- for the purposes of this Part, the expression "husband' includes a divorced husband.WebCite query result

    Hindus do not marry in the same "Gotra", Muslims also have some prohibitions etc.
     
  9. sayareakd

    sayareakd Moderator Moderator

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    Hindu marriage is not contract.
     
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  10. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    Yeah it's a sacrament ! Muslim marriage is a contract !
     
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  11. Yusuf

    Yusuf GUARDIAN Administrator

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    Regardless of what it is, ask the husband about it :)
     
  12. Mad Indian

    Mad Indian Proud Bigot Veteran Member Senior Member

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    :pound: All are "Murai ponnus" in South India- Meaning lawfully weddable ones. If you go for societal meaning, it means that, these girls have the highest right to marry the bridegroom:bounce:
     
  13. sayareakd

    sayareakd Moderator Moderator

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    Hindu law further say that you have marriage in prohibited relationship if customs allows it.
     
  14. pankaj nema

    pankaj nema Senior Member Senior Member

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  15. A chauhan

    A chauhan "अहिंसा परमो धर्मः धर्म हिंसा तथैव च: l" Senior Member

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    Yeah even the Special marriage act have a proviso on it, and the relations at which MI is pointing should come under those customs. :)
     
  16. afako

    afako Regular Member

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    Customary Law is on Case to Case Basis. It has to be a Custom which has to be continually going on for a Reasonable Period of time and be Generally accepted with Proven Records within a Given Area.
     
  17. Mr.Ryu

    Mr.Ryu Regular Member

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    Spirit dont talk in court LAW OF THE LAND DO
     
  18. pmaitra

    pmaitra Moderator Moderator

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    True, spirit does not count, letter does.
     

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