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Rajeev Kumar (Professioanl Social worker)     25 May 2011

Cruelty on Religious issue in marital life

Dear All

 

One of my client contacted me for his marital problem. He is Hindu boy got married with Catholic Christian girl. Both of them solemnized their marriage against the will of their parents.

The boy is religious and spiritual person. He is ardent devout of Hindu faith system. Before marriage, girl had put condition that there would not be any religious sign in their home. She will not allow any performing of religious worship.

Boy took it very hard. He found his religious /spiritual sentiments hurt. After nine month they solemnized their marriage under special marriage act.

 

Boy thought that with the passage of time, is wife would have been flexible with is religious practice.

 

When they sift in house and started their marital life, boy tried to set up his own corner ( Pooja ghar) his wife opposed it very badly. She removed all religious stuff.

 

Girl repeatedly threatens him to leave him, for divorce. She repeatedly says…. Why did you marry me, if you had to continue your pooja.

 

Now Boy is highly distressed , he has attempted suicide also.  He is telling that he will renounce the world and would take sanyas.  I perceived his problem not the physical and psychological but the spiritual.

 

Now I invite the comment and opinions of all experienced members.

 

Is there any legal help for the boy?

 

In the purview of Indian law/ special marriage act/ any other law what  can be done to help this boy?

 

Whether it can be termed as cruelty in conjugal life?

 

Kindly give your kind suggestions

 

Thanks and regards



 19 Replies

zimmerzapper (student)     25 May 2011

tell him/her to see rab ne bana di jodi

1 Like

Tajobsindia (Senior Partner )     25 May 2011

@ Author

1. If one wants to misuse Laws then plenty of things one can do and ultimately what this boy will get a grand DIVORCE DECREE.
2. The main issue here is adamant nature of the boy, when before marriage it was made clear to him by girl about religious practices then why he got into such relationship first of all, did he not decive her by "thinking that with passage of time she will allow him to place idols and do reliegious practices at home"?
3. Better to convince the boy as to me I see fault is in him more than the girl.

nidhi sharma ( student)     26 May 2011

It is boys mistake that he made relation with her when it was completely clear that she will not like the religious practices. If any legal remedy is tried it will only lead to their divorce. Ask the boy to be calm and slowly try to convince the girl. Not by talking to her but by some other creative way. The more patience the boy will have the more it will be good for there relation. Its only he who can save his marriage. For the time being he can do pooja in temple. God is everywhere.

Roshni B.. (For justice and dignity)     26 May 2011

boy is foolish and girl is cruel and snobbish.

 

bahut bariya jori hai.

why did the boy marry her when she was cruel enuf to dominate him b4 marriage only that he wont pray to hindu gods.wot kind of demand is this?she seems to be a sadist.

but the guy too is foolish to listen to her,blinded in love and now leading a hellish life.

ask the boy to keep god's idols on his office desk and pray there.he can also leave for his office 1 hour early,if he prays each morning,so that he gets time for his daily prayers.if that's not possible he can start off early to go to temple and pray for as long as he wants.if he prays in evening,he can visit the temple in evening on the way home and do adequate prayers there,before reaching home.if the sdist wife questions him,he can always say that he was stuck in a meeting or traffic jam or his boss asked him to sit overtime.(he can think of many bahanaas)

 

yes it's cruelty since u asked legally.even if the boy lied before marriage that he will abandon his religious practices,i dont think he can be said to play any fraud upon the girl.

forcing the spouse not to follow his own religion is cruelty.usually the girl adapts to husband's customs.yaha sab ulta ho raha hai.

tell the boy to speak on his wife's face that she may divorce him if she likes and that he doesn't care..when she's left alone,she may be able to remarry only a christian.if she marries into another religion but continues with her religion attacking insanity,she will have a 2nd divorce also.

Arup (UNEMPLOYED)     26 May 2011

Is there any legal help for the boy?

 

---    Now the question is what the boy wants?

divorce or to stay with her?  according to that next step to be taken.

Arup (UNEMPLOYED)     26 May 2011

it is to be kept in mind that

1) the girl is rigid

2) the girl already got a promise from the boy that, -  there would not be any religious sign in their home.

is the girl keeping any type of religious sign with her, like cross etc. get it checked from the boy.

A. A. JOSE (LAWYER; LEGAL ADVISER/CONSULTANT& TRAINER)     26 May 2011

Strictly speaking, I am personally of the view that the present case is more of a relationship matter based on certain pre-marital understanding reached between two individuals, inspite of stiff opposition to their interacaste marriage  from their  parents.   Therefore, as has rightly been opined by some of the experts hereinabove, rather than finding fault with the behaviour of the girl  for  her insistance to adhere to the aforesaid understanding, it is entirely fair for the boy concerned to honour his promise to made to her leading to their  Union.  This is  not a legal issue to be raised  in this Forum , but the matter needs to be amicably settled between the boy and the girl both of who have to finally decide as to what  way and how they must move ahead.  If they both are sincere and serious  to continue with their married life, certain sacrifices are essential from both of them. 


Best wishes

 

 

1 Like

Arup (UNEMPLOYED)     26 May 2011

the girl already got a promise from the boy that, -  there would not be any religious sign in their home.

is the girl keeping any type of religious sign with her, like cross etc. get it checked from the boy? then the boy will get a point.

 

Attn - mr jose and mr rajeev,

right to religious practice is one 's fundamental right under the constitution of india. one take birth with the fundamental right and it continues with the rest of his life.

it is neither salable nor a subject to the part of a contract.

therefore it is with the boy.


(Guest)
Originally posted by :Rajeev Kumar
"
Dear All

 

One of my client contacted me for his marital problem. He is Hindu boy got married with Catholic Christian girl. Both of them solemnized their marriage against the will of their parents.

The boy is religious and spiritual person. He is ardent devout of Hindu faith system. Before marriage, girl had put condition that there would not be any religious sign in their home. She will not allow any performing of religious worship.

Boy took it very hard. He found his religious /spiritual sentiments hurt. After nine month they solemnized their marriage under special marriage act.

 

Boy thought that with the passage of time, is wife would have been flexible with is religious practice.

 

When they sift in house and started their marital life, boy tried to set up his own corner ( Pooja ghar) his wife opposed it very badly. She removed all religious stuff.

 

Girl repeatedly threatens him to leave him, for divorce. She repeatedly says…. Why did you marry me, if you had to continue your pooja.

 

Now Boy is highly distressed , he has attempted suicide also.  He is telling that he will renounce the world and would take sanyas.  I perceived his problem not the physical and psychological but the spiritual.

 

Now I invite the comment and opinions of all experienced members.

 

Is there any legal help for the boy?

 

In the purview of Indian law/ special marriage act/ any other law what  can be done to help this boy?

 

Whether it can be termed as cruelty in conjugal life?

 

Kindly give your kind suggestions

 

Thanks and regards
"

As already mentioned by Arupji,

 

Practicing the religion of his choice is the right of every citizen. So, the husband here can do so without any issues. But, I am sure if this relationship turns sour, she will not allege religion as the main problem. Many random allegations can be added to make the case fit for law misuse. In this case, the husband will not have any legal remedy related to religion.

Rajeev Kumar (Professioanl Social worker)     26 May 2011

Dear All

In the further follow up, I clarified the problem. Although girl had put the condition that after marriage there will not be any  religious sign, but boy did not give the verbal assuarance, as he is very spiritual and can not live without his God, Boy did not want to make the issue but to resolve it with going time.

Many a times boy saved the relationship. He did not want the break up just for the sake of impulsivity.

Boy had sought the clarification from girl, as to why she is opposed for his worship, she told that she did not want to show soceity that her husband is practicing Hindu faith, in other words, she wanted to show her domination after marriage.

Boy opposed this dominating nature of girl. because his identity was suppresed.

Later it was got to know that it was not only the issue of religion, but also the issue of  domination, and power.

It was the morality of boy , that in evey thick and thin time he was with the girl. But girl took it in grant.

Now boy want to follow his faith , as well as to live with his wife.

lets see what happens in next follow up?

kindly give your opinions

Regards

Rajeev

Roshni B.. (For justice and dignity)     26 May 2011

send them both to a marriage counsellor...who will make the girl understand things..

Rajeev Kumar (Professioanl Social worker)     26 May 2011

Dear All

I also got to know that girl is also not keeping her sign of christianity in the home.

whenever boy wants to keep her god/godess or make puja ghar in home, girl threaten him for divorce. She just pack up her luggage and telling that she is leaving the home.

boy comes under pressure. Boy is very affraid of 498-A and DV act, if  her wife file any such complaint

boy is still very distressed

kindly give your opinions

Regards

Rajeev

Rajeev Kumar (Professioanl Social worker)     26 May 2011

Dear All

Boy also told me that initially there was lots of pressure from girl and other family members that Boy must convert to christianity, but boy did not get convert to christianity. He remained firm to follow his hindu religion all over life. on the other hand he never pressurized girl to  convert in hinduism.

Many a times girl said that his hindu rituals spoils her status in christian society...

 

I fear , if it become any religous /communal issue

Please give your opinions

Regards

Rajeev

zimmerzapper (student)     26 May 2011

i'm an atheist but not an aspiritual person. but do seriously consider the colourful advice i gave. whatever this phenomena we exist in, whatever god is or isn't, what is god anyway?, tell the boy that he doesn't have to believe in those things and a good spouce can become the source of spiritual liberation.

 

there are somethings i didn't understand, if the boy is so religious why did he marry someone from other religion? the girl's objection seems to be steming from insecurity. the relation doesn't seem to be solemnized when it was in it's infancy. they would have had enough time to know each other's character inside out, yet they have these trifling disputes? why did the boy promise it if he couldn't keep it? lovers usually expect their lovers to know how they feel. maybe the boy isn't satisfying her emotional needs. is your client boy or girl, if it's boy there could be things he is hiding.

1 Like

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