Validity of marriage between a hindu boy and muslim girl
Amjad
(Querist) 13 March 2012
This query is : Resolved
Please help me on this topic...
A Muslim girl aged 19 yrs married a Hindu boy acc. to Hindu rites in Arya Samaj Mandir against wishes of her parents on 30 Sept 2005. Then on 10 Oct 2005 they met with her brothers who requested them to go to her parents house. The boy was forced to sign a paper that he has no relation with her and no marriage exists between them and also threatened him to leave the city. The girl was detained in her parents house and was not allowed to go with him.
So on what grounds a case can be filed for illegal detention of girl and also regarding declaration of their marriage as valid? Argue for or against.
Deepak Nair
(Expert) 13 March 2012
Thinking of a criminal complaint after a lapse of almost 7 years??
In the above circumstances, you will be lucky if you get any legal remedy if you take any action at this stage.
Was the marriage registered?? Is there any proof of marriage?? What does the girl say??
By this time, the parents might have married that girl to somebody else.
SAINATH DEVALLA
(Expert) 13 March 2012
Arya Samaj Marriages get performed in
just one hour, only you need is two garlands and sweets. In these weddings 'pooja' is not performed to any specific deity. Fire and the other elements are the only witnesses to the ceremony. The wedding is conducted according to Arya Marriage Validation Act XIX of 1937.
Documentary evidence of Date of Birth of both the parties.
The minimum age at the time of marriage should be 21 for male and 18 for female.
* Affidavits, each from the bride and groom, stating their date of birth, marital status at the time of marriage and nationality.
* The affidavit must provide affirmation that the bride and groom are not related to each-other within the prohibited degree of relationship
Two witnesses. Identity proofs of the witnesses is mandatory.
No religious rites are performed.
It is done only with the mutual consent of the male and female,after fulfilling the above mentioned criteria.
The marriage performed is as much valid as any other religious or court marriage.You have to obtain the registration certificate in arya samaj mandir along with the documents produced,and also the photographs will be available in the office.Catch hold of the witnesses who have signed the register.Their identity will be available in the arya samaj office.Produce all these documents for illegal detention of the girl.But the girl has to cooperate.
Kiran Kumar
(Expert) 13 March 2012
the marriage was absolutely invalid in the eyes of law.
the same should have been performed under Special Marriage Act.
however, if the girl had converted to Hinduism prior to marriage then the things are different, a mere solemnization of marriage in a Arya Samaj Mandir will not make a marriage valid.
there is a gap of 7 years now, how will you prove the things now?
Amjad
(Querist) 13 March 2012
Dear experts, being a law student this is my moot court topic. So to learn practical aspects of this case, i put this query in front of u all respected persons. Thanks all for giving replies,,,but still expecting more clarifications. hope to listen further in this regard from u all:)
Amjad
(Querist) 13 March 2012
Dear Kiran Sir, is it compulsory that a non-hindu girl should be converted to hinduism before getting married to a hindu boy in Arya Samaj Mandir?
SAINATH DEVALLA
(Expert) 13 March 2012
Dear Mr.Amjad,
Instead of taking us for a ride,you could have given your actual purpose.Everyone here is there to help within their spheres.I have given you the entire procedure of arya samaj marriage.Religion,caste,creed or community has no place there.
Shonee Kapoor
(Expert) 14 March 2012
The marriage without conversion is anyways void.
Live and let live.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
ESTHERPRIYA
(Expert) 15 March 2012
File a HCP Petition in court.
