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Roshni B.. (For justice and dignity)     31 July 2011

Hindu cousins can marry after converting to christianity

NEW DELHI:

 

The Delhi high court has said that cousins born in Hindu community can marry each other after converting to Christianity as it dismissed a plea of a retired judge against his magistrate son who married his maternal uncle's daughter after conversion. 

"Respondents (couple) have rightly converted as per the Section 3 of the Indian Christian Marriage Act. Therefore, after conversion into Christianity the marriage does not fall under the 'sapinda' relationship (which is prohibited under the Hindu Marriage Act)," said Justice Suresh Kait while upholding the marriage. 

Pulling up the father for filing case against his son, the high court recently said, "This type of thinking is spoiling the broad thinking of new generation and at times it leads to honour-killing. 

"If the courts start supporting this type of issues, they would amount to support the 'khap' dictat. The courts are not meant to gratify the feelings of personal revenge or vindictiveness or to serve the ends of a private party." 

The court imposed a cost of Rs 10,000 on O P Gogne, currently practicing as a lawyer after retiring from Delhi Judicial Services, for filing "frivolous case" against his son who is a sitting magistrate in a city court. 

"The petitioner (Gogne) being a retired judicial officer should have been more careful while indulging in such type of frivolous case. Thus, he has unnecessarily wasted the time of the courts," Kait said and asked him to deposit the money with the Advocates Welfare Fund, Bar Council of Delhi. 

 

 

https://timesofindia.indiatimes.com/india/Hindu-cousins-can-marry-after-converting-to-Christianity-Delhi-HC/articleshow/9429556.cms



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 20 Replies

niranjan (civil practice)     31 July 2011

But changing the religion would not change blood,they will still remain sapind.


(Guest)

Exactly..

 

Plus it's immoral also.

 

How can someone marry his sister who tied him Rakhi all his life?A brother-sister relation is very sacred.

priya (student)     31 July 2011

india is n prbbly has gone down in dearth.
1 Like

Roshni B.. (For justice and dignity)     31 July 2011

The question of parents acting as khap panchayats does not arise here.They are very right.Brother-sister relation is really very sacred.There is a limit to liberty and freedom.If such type of freedom is so very important,then where are morals?

 

Tomorrow a person will want to marry his own real sister,or even his widowed mother,and the society will allow this in the name of freedom.If not,the society is acting like khap panchayat.

 

hema (law officer)     01 August 2011

Some points we have to understand before criticising any one or any thing.  In India, despite the very strenuous efforts by progressive elements, the "uniform civil code" has not been brought into force.  Religious freedom is given in following personal matters, i.e., matrimonial and property rights.  Hindus can follow their HMA, similarly muslims and christians have been allowed to follow their personal laws.  Now, in Christianity and Muslim personal laws, the prohibited relationship is not just like that in Hindus.  So Hindus are barred to criticise the other sects and should refrain to force their own personal laws on other religiions.  In that way, the judgment delivered by the court is totally reasonable.

Now Sapinda relationship is described and prohibited only in Hindu Marriage Act and Special Marriage Act.  This has been brought only with a very good intention to minimise the genetics related diseases.  Marriage between the near relations will stop the healthy  growth of future generations.  But Hindus are also so rigid that they marry only within their own castes, which is also not a healthy habit.  Hindus never tried to reform themselves to come out of clutches of caste system and their community is also facing the disadvantage by not creating a very healthy and intelligent future generations.  But in those countries, where caste system is not there, the healthy generations are coming.  Now, it is also important to note that in Hindus also, the cullture is not the same.  In Andhra Pradesh and in Tamil Nadu, certain castes are allowed to marry in the sapinda relationship.  Particularly in Andhra Pradesh maternal uncle, aunty's off-spring is a preferable spouse.  If Roshni and Priya abhor them with their north indian hindu culture, they also abhor you with their south indian culture.  So, if you want to point out fingure towards other religions, first you initiate reforms in your own hindu religion, which is not uniform through out India.  Before stopping at this juncture, we have to say our sincere thanks to a sizable group of very progressive elements in Congress led by Nehru and strong revollutionary opposition party at that time, the Communists were the main reason to bring radical changes in Hindu Marriage Act and gave equal status to women in matrimonial matters, i.e., RCR, judicial separation and divorce and maintenance.  But at that time, same radical changes could not be brought in respect of property rights, equal rights in ancestral property, which right finally was achieved only in 2005.   In christianity, certain reforms have been brought in 2002 and now the grounds for seeking divorce have been enlarged.  In muslim religion, much wanted reforms are still awaited.  


(Guest)

the attacks is only on anything HINDU. Again i'll say-" There is nothing Hindu in Hindu marriage laws  or any laws regarding/specific to HINDU".

to show that u r progressive and new generation, liberal minded it is mandatory to curse anything HINDU.


(Guest)

Ms Hema anything hindu means- what is stated in smritis and vedas, not what certain caste follows.


(Guest)

with respect to judge ,it is HIndus who initiate , reformed and continously doing so, regardles of what religious scriptts asked to do.

what Raja Rammohan Roy started still we r following it.

It is anti hindus(insiders) trying to crush us by words and acts. 

they (anti hindu insiders/ back stabbers) can not digest the fact that inspite of 1000 years of slavary still we are thriving. it is only because of reforms within.

r christians allows marriage between brother- sister? what about muslims?

just to show super libral / ultra modern, someday someone may call for mother-son / father-daughter marriage. if resisted they will call us backward, anti modern, anti woman, orthodox, fundamental etc etc etc.....

please ready for that.

do whatever but dont drag HINDU word in it, when doing anything anti hindu. please also change your name as sanskrit names are essentialy hindu.

1 Like

Roshni B.. (For justice and dignity)     01 August 2011

Originally posted by :Debashis88
"
with respect to judge ,it is HIndus who initiate , reformed and continously doing so, regardles of what religious scripttts asked to do.

what Raja Rammohan Roy started still we r following it.

It is anti hindus(insiders) trying to crush us by words and acts. 

they (anti hindu insiders/ back stabbers) can not digest the fact that inspite of 1000 years of slavary still we are thriving. it is only because of reforms within.

r christians allows marriage between brother- sister? what about muslims?

just to show super libral / ultra modern, someday someone may call for mother-son / father-daughter marriage. if resisted they will call us backward, anti modern, anti woman, orthodox, fundamental etc etc etc.....

please ready for that.

do whatever but dont drag HINDU word in it, when doing anything anti hindu. please also change your name as sanskrit names are essentialy hindu.
"

 

 

Well said dear brother debashis

hema (law officer)     01 August 2011

Again I say that thanks to the combined efforts of most progressive elements in Congress and the revolutionary forces of communist party, Hindus had got a more advanced Hindu Marriage Act, 1955.  Do not tell me about smrithis, vedas and scripttures and aged old customs, which are no more relevant to determine the matrimonial relationships and rights between the spouses.  Earlier to 1955, how the rights and relationships were determined between the Hindu spouses?  Have you at any time pondered over about this?  Earlier to 1955 (not long back, only 55 years back), these smrithis, these vedas and these holy books laid down the personal laws in Hindus.  Once, 1955 Act came, the matrimonial relationships are determined only on the basis of the
Act, 1955 and not any more on the basis of smrithis etc. Earlier to 1855 in Hindu males, monogamy was not there, bigamy and polygamy was the most prevalent feature.  They could go for as many marriages as they like.  Even the restriction of four marriages prevailing in Muslims was not there.  If you turn the pages of history, you can see all the affordable and affluent hindu males had more than one marriage.  If the hindu males could afford, they managed more than one wife.  But under no circumstances, a woman was not allowed to go for bigamy.  Even in the case of  widows, they were not allowed to marry.  Child marriage system was there.  Young girls became widows and they were pushed to Brindavan etc. religious places to feed themselves.  There was a great social reform movement for widow's marriages between 1920s and 1950s  parallel to Indian Independence movement.  Then also Hindu Orthodox people tried to stamp out such social reform movements depriving the young widows to remarry in the name of vedas and smrithis.  Once 1955 HMA came into effect, by virtue of interpretation of Section 5 of the Act, a hindu widow has got a right to remarry.  In a nutshell, prior to 1955, hindu women faced innumerable problems like polygamy in their husbands, humiliation if she was not in a position to give birth to children or cannot give birth to son, even though the problem might be lying in the husband, no right in the property, no right to remarry if the husband died, no right to economically empower herself and pursue jobs etc.  The women lived a hell of life earlier to 1955.  The right wing outfits, RSS, the then Jan Sangh, some retorgreessive elements in congress, Swatantra Party etc.,  the so called religious outfits from Haridwar and Rishikesh came in large numbers to seize the parliament to stall the passing of Hindu Marriage Act, 1955.   They were beaten blue and the Act was passed.  Now, hindu women enjoy equal rights in matrimonial relationships.

Now, in several posts, Roshni rightly attacks men for their extra-marital relationships and argues that  a woman has got a right to get a divorce from such husbands who have got extra marital relationships.  She further argues also that the victimised woman shall have the right to invoke adultery provision in Indian Penal Code against the woman who developed the relationship with the husband. But prior to 1955, your smrithis, your vedas and your other holy books allowed a man to have legalized extra marital relationships.  Now you want to uphold the woman's rights on one  hand and on the other hand want to uphold the old hindu traditions and scripttures, which completely  deprived the woman of basic rights.  What a contradiction?

In respect of women's property rights, the story is further miserable.  Earlier to 1936, women did not have property rights.  She was to be under the custody of father till marriage, under the custody of husband after the marriage, under the custody of son after husband's death.  She was not provided any right in property.  After 1936, limited rights were given in ancestral property.    Her rights on immovable property were further extended in Hindu Succession Act, 1956.  Finally, only in 2005 full equal rights were given to women in ancestral property.  But,  as we are living in male dominated society, even though the husband is entitled to give his self acquired property to any one he likes, he generally prefers to give it to the sons instead of  the wife and daughters.  But that is upto him and no one can interfere into any thing.

Now coming to the incest relationships, so much hue and cry is made out.  My simple question is this.  You are criticising christians and muslims for allowing such relationships in their personal laws.  so far, so good.  For health reasons and for healthy future generations, I also do not support such relationships.  But what about Hindus?  In Andhra Pradesh and some parts of Tamil Nadu. Hindus are allowed sapinda relationships.  A boy can marry the daughter of his sister, daughter of maternal uncle (not maternal aunt), daughter of paternal aunt (not paternal uncle).  Seventy five percent of marriages in Andhra Pradesh happen in such a way. They are as much Hindus as you are.  Hindu Marriage Act, 1955 gave exemption to such marriages on the basis that the customs allowed it and as per the Act, even though they are sapinda relationships but are legally valid marriages.

 

while discussing the legal matters, objectivity and rationality shall dominate.  One shall not succumb to subjective thoughts, just like that as I am Hindu, I do not like any one criticise Hindus etc.  If we start to beat our own drums that  my culture is the best, my scripttures are the best and my language is the best,  then we are called fanatics.  Then there will be no difference between muslim talibans and hindu talibans.

 

     

priya (student)     01 August 2011

so ms hema if ur brothr marries hs cousin wud u nt dislyk it?

priya (student)     01 August 2011

ans in plain yes or no.

hema (law officer)     01 August 2011

 Unfortunately, you do not have ability to read my posts carefully.  I quote from my own post above, which gives you the answer to your pointed question and you should have not asked the question at the first instance:

For health reasons and for healthy future generations, I also do not support such relationships.

For the same reasons, I always support inter caste, inter religious, inter racial and inter continental marriages.  I  also support the prohibition of sapinda relationships and promote the marriages breaking all the petty barriers like caste, religion, region, language and country.  But I do not impose my views forcefully on every other human being. 


(Guest)

hema:-Now, hindu women enjoy equal rights in matrimonial relationships.

@hema

equal right with whome?

  1. hindu men?
  2. muslim men
  3. muslim women
  4. christian women?
  5. christian men?
  6. non indian men(please specify country)?
  7. non indian women (please specify country)

your answer will make me able to answer you specifically as all the anti hindu laws passed by nehru is due to his personal / family problems of his sister vijayluxmi pundit. you probably forget the rape of your hindu sisters by terrerist invedors which forced many clans in north india to adopt many things alien to texts. Indians never in history strictly followed the scripttures and always open for reforms. it was not started by any congresi.

now a days, to become progressive, if one has to marry his sister, marry any of your father, brother or son but dont drag the word HINDU as it is a choice of personal likings.


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