Inter-religious marriage
Dr. MPS RAMANI Ph.D.[Tech.]
(Querist) 24 June 2015
This query is : Resolved
Recently I was invited to and attended a marriage between a Hindu (Brahmin) girl and a Christian boy. The marriage was performed just like any Hindu - Hindu marriage with Brahmin priests, havan, 7 times coming round the fire etc. It had all the ingredients of a Hindu marriage. Was it a valid marriage? If the marriage is to be registered under which Act will it have to be validly registered, under Hindu Marriage Act, Special Marriages Act or any other Act? If it were not a valid marriage what are the consequences to the couple if they live as husband and wife, have children etc. Will there be any occasion when their marriage will be questioned? The Hindu girl and the Christian boy are retaining their respective Hindu and Christian names.
Sudhir Kumar, Advocate
(Expert) 24 June 2015
marraige is not valid. SUch marriage is permissioble under Special marriage act and not by any pandit or padri.
the boy can be held for rape.
Dr. MPS RAMANI Ph.D.[Tech.]
(Querist) 25 June 2015
As the girl was a major, even if the marriage was void will it not only be consensual sex which by itself is not a crime. Will they have any problem, say, with regard to passport, status of children, property rights and God forbid divorce rights? In Government Service the spouse is eligible for family pension. After years of marriage just prior to retirement one has to register the name of the spouse with photograph. But in the normal course the Government asks only for a declaration by the retiree and no other evidence.
Sudhir Kumar, Advocate
(Expert) 25 June 2015
making a woman to believe to have been lawfully married and then obtaining consent for having a sex ?
this falls within definition of rape.
Sudhir Kumar, Advocate
(Expert) 25 June 2015
"In Government Service the spouse is eligible for family pension. After years of marriage just prior to retirement one has to register the name of the spouse with photograph. But in the normal course the Government asks only for a declaration by the retiree and no other evidence. "
ho sis this relevant. Is anyone of them Govt employee.
