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max (exec)     06 May 2013

Converted to christainity, married as hindu, pls advice

Ld members,

my query might sound weird or even foolish, but i want to desperately ask for help from you people,

my parents had inter religion marriage

mother is christian and father is hindu

mother converted and baptized me as a christian in church, i have the baptism certificate, i was totally converted to christianity. but father being a hindu, i always used a HINDU religion in all documents upto now.

As father being a hindu, i married in hindu rituals, after marriage serious differences arose between me and my wife, after which i filed for divorce under HMA 13 on grounds of cruelty,

I had forgotten about my conversion to christianity in my childhood by my mother, however now i discovered my old baptism certificates from the church.

I want to know: if i bring this to the notice of the court, that i was converted to christianity in birth, will this amount to cheating the other spouse?

If not: can i use this to nullify my marriage ?

If yes: what kind of punishment can i expect. and what will be the severity?

the girls side knows that my mother is a christian, they also know that i am born to parents who were married inter religion. but they dont know that i was baptised to be a catholic, now, will this amount to cheating?

if marriage is nullifyed? can the girls side file some case against me for forgery? cheating? hiding of facts etc?

what else can be the possible outcome of this..................

 



Learning

 2 Replies

Shantanu Wavhal (Worker)     06 May 2013

best wayout : go for MCD.


 

u r a Christian.

u married as per Hindu rituals.

ur marriage is Void ab initio.

still, ur wife would be entitled to maintenance as per the facts & merits of the case

this concludes civil part of ur query.


CRIMINAL part :

u know ur own religion.

still u have undergone a void marriage.

u can not take advantage of ur own wrong - so no declaration would be given to you, upon ur petition in civil case.


further,

it can be seen that, u have knowingly performed void marriage.

also u have forgot ur own religion conveniently - this amounts to cheating - IPC 417, 420

 

 

 


 

Section 496. Marriage ceremony fraudulently gone through without lawful marriage

Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

CLASSIFICATION OF OFFENCE

Punishment—Imprisonment for 7 years and fine—Non-cognizable—Bailable—Triable by Magistrate of the first class—Non-compoundable.

Goutam Prasad (Advocate)     06 May 2013

You can not take benefit of your own wroung.

If your wife comes to know that you are christen from a date prior to your marriage she can file complaint and get you punished.

But you can not approch court for nullifying your marriage.

 

Goutam Prasad

Advocate

Supreme Court of India

 

Mob: 9810753838

 

https://www.facebook.com/aegisjurist


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