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Vijay (Accountant)     11 May 2010

Role of Pandit in Hindu marriage.....

1. In hindu marriage Ceremony (Paramparik Vadik Vivah). Var( 21 years) or Vadhu (18 Year) not completed age criteria at the time of marriage date. If the Pandit does NOT know about the Var( 21 years) or Vadhu (18 Year) NOT completed age criteria at the time of marriage date or he have misguided about ages of vadhu var. Is Pandit punishable? 2. If above type marriage done., Suppose after some period (1 to 5 years) there is some problem between vadhu and var. they were goes to court/any concern for divorce and court observed that Var( 21 years) or Vadhu (18 Year) not completed age criteria at the time of marriage date. Is Pandit punishable? What is Punishment?



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 9 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     11 May 2010

Pundit is not responsible for any lapse on the part of parties to marriage supressing their age as Pundit is not presumed to verify the actual dates of birth of Var and Vadhu. Pundit cannot be punished on this account.

smith sharma (lecturer)     11 May 2010

Mr Vijay .....

Pandit cant be punishable.......he is inoccent in way of that case........

G. ARAVINTHAN (Legal Consultant / Solicitor)     11 May 2010

He is person hired for fulfilling the rituals /customs under the Religion. He never be a responsible person for the marriage 

Kiran Kumar (Lawyer)     11 May 2010

10. Punishment for solemnising a child marriage.- Whoever performs, conducts, directs or abets any child marriage shall be punishable with rigorous imprisonment which may extend to two years and shall be liable to fine which may extend to one lakh rupees unless he proves that he had reasons to believe that the marriage was not a child marriage.

 

 

Above is the provision of Child Marriage Restraint Act, 2006

 

by way of this provision, even a Pandit is covered.........however, this provision is only in concern with Child Marriage.

 

the given facts above are not of child marriage.....otherwise Hindu Marriage Act, does not fix any such liability on a Pandit.

Arup (UNEMPLOYED)     12 May 2010

mr kiran kumar is absolutely right. pandit is responsible till he proves that he was bluffed by the parties.

all persons present or perticipated in the marriage are punishable under this act.

Arup (UNEMPLOYED)     12 May 2010

The Hindu marriage act also covered under the child marriage restrient act. therefore all the hindu marriages are covered under this act, including the above case.

yogesh (hunter)     15 May 2010

sir(s) and what if the children are Muslims. does the act covers them as well 

Arup (UNEMPLOYED)     20 May 2010

mr yogesh,

means?

better start a seperate thread


(Guest)

KINDLY NOTE THAT NOW REGISTRATION OF MARRIAGES IS LEGALY MANDATORY.KINDLY NOTE AT THE TIME OF REGISTRATION OF MARRIAGE AS PER HINDU MARRIAGE ACT,WHEN BOTH BRIDE AND GROOM ARE HINDUS, BOTH  BRIDE AND GROOM SHOULD SIGN MARRIAGE REGISTRATION FORM AND  HAVE TO ENCLOSE DATE OF BIRTH CERTIFICATE, ADDRESS PROOF AND ALSO  SIGNATURE OF THE PRIST AND TWO WITNESSES AND AFFIDAVITS OF BOTH THE BRIDE AND GROOM ARE ESSENTIAL.. HENCE IN CASE ANY FALSE INFORMATION IS GIVEN BY BRIDE AND GROOM  ON AFFIDAVIT THEN THEY ARE RESPONSIBLE FOR THE SAME .AND OTHERS MAY DEFEND THAT THEY HAVE SIGNED IN GOOD FAITH AND BELIEVING THE CERTIFICATES OF DATE OF BIRTH PRODUCED AND AFFIDAVITS PRODUCED BY BRIDE AND GROOM.

WITH BEST REGARDS TO ALL CONCERNED.

THANKS.


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