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diwakar abhishek (Student)     04 May 2010

wedding between followers of different religions...

i m confused regarding recent ruling of SC about invalidating legitimacy of a marriage b/w a christian and a hindu, according to hindu marriage Act..... but, will that marriage be illegituimate according to the special marriage Act either... And moreover, if not, is not this ruling of the supreme court a violation of the fundamental right (right to freedom of religion).  

 

can someone eradicate my confusion,..... 



Learning

 5 Replies

Suchitra. S (Advocate)     04 May 2010

I dont know where is the confusion for you. Hindu marriage Act says in its s.5 that only when the prescribed conditions are met with, the marriage becomes valid. So, the marriage under the present case was held to be invalid. If it was solomnised under Secial Marriage Act, then, the marriage would be a valid one.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     04 May 2010

Dear Diwakar,

According to Hindu marriage validity Act 1949, marriage can be solmnize even with non Hindus. but i dont know how court has decided. Moreover i had not gone through such judgment. plz send me that judgment, may be our team will file any revision in such case in supreme court.

Regards

adv.kamal.grover@gmail.com


(Guest)

Sh. Kamal ji,
1. May be a PIL need to be filed by "your team" as the original question is by a Law student for his overall better understanding n not from a prospective client !
2. He (Divakar) is not going to be 'your team's" client so soon :-))))
With highest regards sir.
 


(Guest)

1. Ms. Suchitra's command over her reply is correct and well reviewed arising out of the bare reading of HMA R/w quoted SC ruling.
Rgds.


(Guest)

KINDLY NOTE THAT IF HUSBAND AND WIFE ARE FOLLOWING DIFFERENT RELIGION THEN SUCH MARRIAGE SHOULD BE  REGISTERED UNDER SPECIAL MARRIAGE ACT.

MARRIAGE  BETWEEN HUSBAND AND WIFE FOLLOWING SAME RELIGION ,THE PROVISIONS OF THEIR PERSONAL LAW ARE APPLICABLE..PLEASE NOTE

THANKS


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