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Hindu woman, Christian man's marriage not valid without conversion: HC

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New interpretation! Is this the final word??

[h=1]Hindu woman, Christian man's marriage not valid without conversion: HC[/h]November 19, 2015


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 woman's 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.



http://news.rediff.com/commentary/2...onversion-hc/7f15320af654690a87e2a9407fc1c2ac
 
But have they not chosen the best course?! Now, they are not legally married yet they could go together. The court did not probably view it as "living together", or as illegal sexual union; and that needs to be explained.
 
Hindu woman, Christian man's marriage not valid if either does not convert: Madras HC

Hindu woman, Christian man's marriage not valid if either does not convert: Madras HC

Madurai, Nov 19: 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 woman's 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.

Read more at: http://www.oneindia.com/india/hindu...alid-if-either-convert-madras-hc-1931661.html
 
Hindu woman, Christian man's marriage not valid if either does not convert:Madras HC.

The Newsportal has quoted the first part of the judgement only in their headlines. Here is the continuation wherein their Lordships has told "In the alternative, their marriage should have been registered under the Special Marriage Act, 1954, if they preferred to follow their religions without conversion."

Brahmanyan,
Bangalore.
 
In most of the cases, the girl happens to be from Hindu side. Why is it so?
 
I have a little bit of experience by coming across such cases while dealing with the settlement of assets of the deceased customers in Bank.
As per law the marriage may be treated as illegal; It will be treated only as living together.
In case, if one person dies intestate ( without leaving a will ) the other living partner could not have a legal claim over the properties / assets of the deceased partner.

Even though the marriage is treated as illegal, treated as living together and would not provide a right of claim / legal remedy, the wards ( sons / daughters) born out of such illegal marriage could be treated as legitimate children for the practical purposes of settlement assets of the deceased parents and have the right to inherit.

A learned Judge of the Supreme Court has given verdict to this effect with the rationale that for the mistakes of the parents the innocent children born out of the illegal marriages could not be penalised.
 
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Solves the problem.

They just need to register their marriage and get "married" again.
 
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