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Ashutosh (Self)     07 January 2011

Inter-religion marriage - is conversion necessary afterward?

I have a few questions related to the topic heading. I have this doubt because someone recently told me that there are some changes to the Marriage Act which enforce one of the partners to change the religion to the same as other partner's.

- Is conversion mandatory after marriage so that both partners are of same religion?

- Does Hindu Marriage Act require the non-Hindu partner to necessarily convert after marriage?

- Does Christian Marriage Act require the non-Christian partner to necessarily convert after marriage?

- In both above scenarios, if it is a registered marriage, will the above laws have any effects on the conversion scenarios?

- Isn't two people's love supposed to be the most important thing here?

- If both partners wish to follow their original religion AND they respect each others' decision to do so, will the law still enforce at least one of them to be converted?

 

Awaiting all your replies.

Thanks in advance :-)



Learning

 20 Replies

adv. rajeev ( rajoo ) (practicing advocate)     07 January 2011

It is not necessary to change their religion after the marriage, If they wish they can follow their religion, but normally wife will be treated and identified in the public by the husband's religion.

Sana (lawyer)     07 January 2011

Hello Ashutosh,

As per my knowledge, if you are talking about Hindu Marriage Act and Christian Marriage Act the main conditions in the mentioned Act are, under Hindu the parties should be of Hindu Practising religion including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samam,or who is a Buddhist, Jain or Sikh by religion, and who is not a Muslim, Christian, Parsi or Jew by religion.....

And under  Christian Act parties should be one or both of whom is or are a Christian ....And for parties of diff religion there is Special Marriage Act.

But no Act gives a compulsion for changing religion,,and it all depends on mutual understanding...

Regards,

Sana

 

 

Avnish Kaur (Consultant)     07 January 2011

yes it is necessary to convert.

Not necessary if they marry under special marriage act.

Bhawani Mahapatra (Law Officer)     07 January 2011

Dear Aashutosh

To me, there is no law in India, which compel anybody to practise one particular religion, even after marriage. When two major of different religion get married, & if they don't want to change their religion, The Special Marriage Act is applicable to them. Constitution of India has granted every citizen a right to freedom of religion & belief, and deviation to this is ultra-virus to the constitution. The male or the female may change his/her religion after marriage at their will, but its not mandatory. Even in HMA there is no specific provision of changing partner's religion before/after marriage.

N.K.Assumi (Advocate)     07 January 2011

I agree with the statements of Sana.

Avnish Kaur (Consultant)     07 January 2011

NOT NECESSARY afterward, it shud be done before. but special marriage act allows both to continue with their religion.

Ashutosh (Self)     07 January 2011

Thank you all for your generous and prompt replies.

You guys have helped me get out of a great dilemma. :-)

R.venkatesh Naidu (.)     07 January 2011

i agree Mr. sana and Mr. Avinesh Kumar's statements

And the indian constitution article 25 is reads as follows:

The right to freedom of religion allows indian citizen to choose any religion that he/she want to choose.  This fundamental right was choosen after lot of thought regarding the process of person choosing his/her own religion.

so there is no compulsion to convertion of religion.  Basically it has a fundamental right of every person.

The Hindu marriage act or the special marriage act are not mentioned or compelled or recommonded for the convertion compulsion.

 if any enquiry please contact my email: thelegalclinic@gmail.com   


(Guest)

NANKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

MOBILE.09960223100, 09271971251

e.mail.advocatesawantnb@yahoo.com

e.mail.nandkumarbs@sify.com

REGARDING THE CONVERSION AND MARRIAGE OF BOY AND GIRL FOLLOWING DIFFERENT RELIGION KINDLY NOTE THAT.

1.IF BOY AND GIRL ARE FOLLOWING DIFFERENT RELIGION, THE MARRIAGE CAN BE REGISTERED UNDER SPECIAL MARRIAGE ACT AND BOY AND GIRL SHOULD MAKE AN AFFIDAVIT STATING ALL FACT ABOUT SELF AND ALSO MENTION THE DATE OF BIRTH AND ADDRESS AND RELIGION FOLLOWED AT PRESENT AND THEY CAN MENTION THE RELIGION TO BE FOLLOWED BY EACH AFTER MARRIAGE.

IT IS NOT COMPULSORY FOR THEM TO FOLLOW ANY ONE RELIGION.

FOR FURTHER HELP KINDLY SEND DETAILS GOOD LUCK.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     08 January 2011

Mr sawant yours will be fit case for comlaint before the new act for controlling legal services. Since you are openly adverting against the provisions of the advocates act by giving your emails and cell nos.

1 Like

Deekshitulu.V.S.R (B.Sc, B.L)     07 February 2011

The SC ruling on this issue is after the marriage the wife gets the caste and religion of the husband normally but there is prohibition to observe her  freligion even after the marriage

Arup (UNEMPLOYED)     07 February 2011

- Is conversion mandatory after marriage so that both partners are of same religion?

 

NO.

Arup (UNEMPLOYED)     07 February 2011

- Does Hindu Marriage Act require the non-Hindu partner to necessarily convert after marriage?

 

- NO.

Arup (UNEMPLOYED)     07 February 2011

- Does Christian Marriage Act require the non-Christian partner to necessarily convert after marriage?

 

NO.


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