Marriage between a Hindu and non-Hindu under HMA not vaild: Delhi high court

Discussion in 'Politics & Society' started by S.A.T.A, Jan 2, 2011.

  1. S.A.T.A

    S.A.T.A Senior Member Senior Member

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    Marriage between a Hindu and non-Hindu under HMA not vaild: Delhi high court

    The marriage between a Hindu and a non-Hindu solemnised as per the Hindu rites is neither valid nor the parties can claim any benefits under the Hindu Marriage Act (HMA), the Delhi high court has ruled.

    The high court also held that "mere theoretical allegiance" to Hinduism would not make one a Hindu unless he or she had actually converted to the religion.

    "Mere fact that the parties had solemnised the marriage as per the Hindu rites and ceremonies would not attract the applicability of the Hindu Marriage Act as the mandate of the law is that marriage has to take place between two Hindus," said Justice Kailash Gambhir in a recent judgment.

    The court dismissed a petition filed by a woman, who sought divorce under the HMA, claiming that her marriage with a Christian had taken place at Arya Samaj temple as per Hindu rituals in 2007 and said the parties were required to be Hindu at the time of solemnisation of marriage.

    "It is imperative to prove that both the parties were Hindus at the time of the solemnisation of marriage," the court said.

    The court rejected the woman's claim that her husband had converted to Hinduism as she failed to furnish any evidence to substantiate her claim.

    "A mere theoretical allegiance to the Hindu faith by a person born in another faith does not convert him into a Hindu, nor is a bare declaration that he is a Hindu sufficient to convert him to Hinduism.

    "The conversion from one religion to another religion is a very major decision in one's life and for proving such a conversion, it is incumbent upon the appellant to place on record complete facts and documentary material, if any, to satisfy the court that based on such facts and supporting material, the appellant had undergone change of religion."

    The ruling came on a petition filed by Sangeeta, who challenged the family court's March 2010 order dismissing her divorce petition on the ground that her husband Preston Gomes is a Christian and there was no evidence to prove that he converted to Hinduism.
     
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  3. amoy

    amoy Senior Member Senior Member

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    what 'benefits' can one claim by marrying as Hindu? so is it implying such a cross-faith marriage invalid?
    very baffling. Why is Hindu or Christian relevant to marriage or divorce?
     
    mehwish92 likes this.
  4. sayareakd

    sayareakd Moderator Moderator

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    Judgment is good, if two Hindu has to marry then HMA is applicable in another case

    here is the Preamble of HMA
    Section 5 of HMA starts as under:-
    "5. Conditions for a Hindu marriage.- A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-"

    in the present case they should have gone for special marriage act
    http://www.vakilno1.com/bareacts/specialmarriageact/specialmarriageact.htm
     
    pmaitra likes this.
  5. hit&run

    hit&run Elite Member Elite Member

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    Is there any ritual by law where a non Hindu can be converted to Hindu?
     
  6. Rahul92

    Rahul92 Senior Member Senior Member

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    I Totally agree with the high court Hindu sastras are made for Hindu's only not for some non-hindu's
     
  7. S.A.T.A

    S.A.T.A Senior Member Senior Member

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    Spiritually speaking one can only be born as Hindu and cannot adopt Hinduism as religion,unlike other religions.However legally speaking even though there isn't a specific law whose provision can be said to apply in cases of conversion into Hinduism,the courts usually handle them on case to case basis.To marry under the provisions of the Hindu Marriage Act,like any Hindu laws,one has to prove to the courts that one is Hindu.This would mean proving to the court that one has lived a typical Hindu life for certain stipulated amount of time or has observed certain common and glaringly Hindu customary manners,which is irrefutably part of 'Hindu way of life'

    Generally speaking proving one is Hindu by adoption or conversion is quite torture,however some people especially those who plan to marry a Hindu partner under HMA,take recourse to becoming a member of Arya samaj or Brahma samaj and the marry under their auspices.members of these societies are deemed to be governed by Hindu laws(even if they are not considered Hindus persay)
     
  8. S.A.T.A

    S.A.T.A Senior Member Senior Member

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    I wonder if this court decision has caused certain consternation at 10 Janpath.There are those famous images of Sonia Gandhi decked up as a Brahman bride during her marriage to Rajiv Gandhi,if they married according to Hindu customs,their marriage,according to this order, is not valid.That would be quite a calamity.
     
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  9. thakur_ritesh

    thakur_ritesh Administrator Administrator

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    sayare,

    what are the benefits that one stands to gain under HMA?

    but there have been instances in the tribal areas where a lot of people concerted from hinduism to christanity and then back to hinduism, is this sort of a conversion allowed and let us say if someone's parents/grand parents converted to some other religion and would want to convert back to hinduism, will such a conversion be allowed?
     
  10. SHASH2K2

    SHASH2K2 New Member

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    I think thats allowed under purification . Hinduism doesnt allow direct conversion. This purification was also started very late and If I am correct its arya samaj which initiated the purification .
     
  11. SHASH2K2

    SHASH2K2 New Member

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    This entire Gandhi pariwar is illegal. now Soniya gandhi is technically bachelor and is not wife of Rajiv. Her son is illegal citizen of India as he still has his Italian passport. . Man we are ruled by foreigners who are illegal citizens of India .
     
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  12. Singh

    Singh Phat Cat Administrator

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    This Act of the Government of India, called the Hindu Marriage Act, 1955, "extends to the whole of India except the State of Jammu and Kashmir, and applies also to Hindus domiciled in the territories to which this Act extends who are outside the said territories." Below is an excerpt from the full text of the Act 25 of 1955 - 18th May, 1955.

    Application of Hindu Marriage Act

    (1) This Act applies,-
    (a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj;
    (b) to any person who is a Buddhist, Jaina or Sikh by religion, and
    (c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.

    Explanation.- The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be,-

    (a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;
    (b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist Jaina or Sikh by religion and who is brought up as a member of tribe, community, group or family to which such parents belongs or belonged; and
    (c) any person who is a convert or re-convert to the Hindus, Buddhist, Jaina or Sikh religion.

    (2) Notwithstanding anything contained in sub-section (1), nothing contained in this Act shall apply to the members of any Scheduled Tribe within the meaning of clause (25) of Article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.

    (3) The expression "Hindus" in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion is, nevertheless, a person whom this Act applies by virtue of the provisions contained in this section.

    Condition for a Hindu Marriage

    A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:
    (i) neither party has a spouse living at the time of the marriage;

    (ii) at the time of the marriage, neither party,-
    (a) is incapable of giving a valid consent of it in consequence of unsoundness of mind; or
    (b) though capable of giving a valid consent has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
    (c) has been subject to recurrent attacks of insanity or epilepsy;

    (iii) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage;

    (iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

    (v) the parties are not 'sapindas' of each other, unless the custom or usage governing each of them permits of a marriage between the two;

    Ceremonies for a Hindu Marriage

    (1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto.
    (2) Where such rites and ceremonies include the 'saptapadi' (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken.

    Registration of Hindu Marriages

    (1) For the purpose of facilitating the proof of Hindu marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject to such condition as may be prescribed in a Hindu Marriage Register kept for the purpose.

    http://hinduism.about.com/od/matrimonial1/a/hindumarriageact.htm
     
  13. S.A.T.A

    S.A.T.A Senior Member Senior Member

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    Tribal groups, unless there is a specific exception, are considered Hindus as per the constitution.If such a Hindu converts to non Hindu religion,he can reconvert back to Hinduism by merely declaring that he was giving up his old religion and that his caste and community will/must accept him.This applies to reconverts.
     
  14. tarunraju

    tarunraju Moderator Moderator

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    By law, no. By rituals, yes. It's called Shuddhikaran (purification). The person can then update his religion with all relevant government departments.
     
  15. rcscwc

    rcscwc Tihar Jail Banned

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    Neither here nor there.

    A muslim marriage is only between two muslims. So is a jewish marriage. A xian and non xitian marriage is possible ONLY IF AND ONLY IF the non xitian partner agrees to abide by xian laws regarding choldren, succession etc.

    The ruling is OK.

    Special Marriage Act provides for marriage irrespective of faith.
     
    Last edited: Jan 6, 2011
  16. Ray

    Ray The Chairman Defence Professionals Moderator

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    What is the procedure for a non Hindu to become a Hindu?

    And how does one make it legal so that at a later day, it is not flung out of a court?
     
  17. p2prada

    p2prada Stars and Ambassadors Stars and Ambassadors

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    Wonder what is it that we Atheists have?
     
  18. amoy

    amoy Senior Member Senior Member

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    and is India a 'secular' state? i doubt.

    sounds like Iran or Malaysia more and more after reading...
     
  19. SHASH2K2

    SHASH2K2 New Member

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    When you dont know about something dont poke your nose into it. Its a legal issue and unless you understand it properly please donot comment.
     
  20. Ray

    Ray The Chairman Defence Professionals Moderator

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    No, that is not the case actually.

    To cater for the sensitivity and customs and traditions of all religious groups (so as to not tread corns), separate marriage acts have been promulgated.

    To cater for inter religious marriages, the Special Marriage Act was promulgated.

    However, as a custom, if one is to marry a Muslim or a Catholic, be he/ she anywhere in the world, it is expected by those of that faith that the one who is not a Muslim or a Catholic, should change the religion.

    However, it is not mandatory in the modern times in India.

    Hence, all faiths sensitivity is catered for.

    Therefore, it is not like Malaysia or Iran.

    One of my relations who married an Indonesia Muslim lady in Malaysia had to change to Islam before he could get married!

    He is now a staunch Muslim and is more Muslim than his wife who is a genuine Muslim!
     
  21. Ray

    Ray The Chairman Defence Professionals Moderator

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    Shuddhi movement


    The socio-political movement, derived from ancient rite of shuddhikaran [1], or purification was started Arya Samaj, and its founder Swami Dayanand Saraswati [2] and his followers like Swami Shraddhanand, who also worked on the Sangathan consolidation aspect of Hinduism, in North India, especially Punjab in early 1900s, though it gradually spread across India [2]. Shuddhi had a social reform agenda behind its belligerent rationale and was aimed at abolishing the practise of untouchability by converting outcasts from other religions to Hinduism and integrating them into the mainstream community by elevating their position, and instilling self-confidence and self-determination in them.[2][3][4]The movement strove to reduce the conversions of Hindus to Islam and Christianity, which were underway at the time [2].

    In 1923, Swami Shraddhanand founded the 'Bhartiya Hindu Shuddhi Mahasabha' (Indian Hindu Purification Council) and pushed the agenda of reconversion peacefully, but ultimately created a flashpoint between Hindus and Muslims as it offended Muslim exceptionalists, who argued that Hindus, being dhimmis, do not have any rights to convert others to their faith unlike the Muslims, who are munim. The main point of contention was the reconversion Malkana Rajputs in western United Province [5] Subsequently the movement became controversial and antagonized the Muslims populace to no end [3] and also led to the martyrdom of the leader of the movement, Swami Shraddhanand in 1926. Gradually the movement faded away especially with the rise of nationalistic fervor during the Civil Disobedience movement of Mahatma Gandhi in the 1930s [6].

    http://en.wikipedia.org/wiki/Shuddhi


    However, what is the ritual involved?

    How have the Krishna Consciousness chaps become Hindus?
     

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