Scheduled caste
corner stone
(Querist) 19 December 2015
This query is : Resolved
my nephew [lady] belongs to s c married a christian boy in a church as per their tradition. but my nephew did not take conversion . in such case does she loose protection for s c .kindly reply .
Sudhir Kumar, Advocate
(Expert) 20 December 2015
In the first instance the marriage itself is illegal.
A Hindu cannot marry a christian as per church tradition. Such marriage can be performed as per provisions of Special Marriage Act.
Most likely the bride and groom has mislead the church by making the Church Priest to believe that the bride is christian (or else he could not have allowed such marriage in Church unless having an alternative job with him)
Sudhir Kumar, Advocate
(Expert) 20 December 2015
Now coming to caste certificate.
A person born in SC is entitled to the reservation benefit as long as she does not covert to any religion other than Hinduism / Sikhism / Budhism.
Marriage with a person not entitled to reservation is not at all relevant.
But in this case her signature in Church register is itself a prima-facie evidence (atleast for service law purpose) that she is no more a hindu and any junior SC can make her to lose reservation benefit and/or lose her job and/or be imprisoned for getting wrongful benefit.
P. Venu
(Expert) 20 December 2015
The real question is was the church mislead?
Sudhir Kumar, Advocate
(Expert) 20 December 2015
Please reply the question raised by Mr Venu.
I add to the question.
How a could a Hindu get married in Church?
Whether parson know that she is a Hindu?
How could the parson (without knowing as to which Chruch she is registered) be sure that she is Christian?
or
She secretly converted to Christianity for the sake of this marriage?
Rajendra K Goyal
(Expert) 20 December 2015
If married in church, it is believed that she first converted to christian. After conversion she loose benefit.
Kumar Doab
(Expert) 20 December 2015
Ask the lady and post full facts.
corner stone
(Querist) 21 December 2015
Dear sir
the bride groom and the pastor know that the bride is scheduled caste Madiga and asked her for conversion in to christian as the bride is christian Madiga at the time of match settlement and the bride and her parents refused for conversion and have dropped the match. after some time the bridegroom side approached the bride with a request at least to accept for christian marriage which she agreed this was what happened
Sudhir Kumar, Advocate
(Expert) 21 December 2015
You said
"the bride groom and the pastor know that the bride is scheduled caste Madiga and asked her for conversion in to christian as the bride is christian Madiga at the time of match settlement and the bride and her parents refused for conversion and have dropped the match. after some time the bridegroom side approached the bride with a request at least to accept for christian marriage which she agreed this was what happened "
READ THE SAME.
how could the pastor agree for such a marriage when one person is non-Christian?
It is the bride only who can tell whether pastor was fooled or bribed?
Anyway marriage is illegal.
Sudhir Kumar, Advocate
(Expert) 21 December 2015
Implication from reservation point of view already explained above by Mr RK Goyal and I endorse his views even after your fresh revelation.
corner stone
(Querist) 21 December 2015
dear sir
the pastor is a relative to the bridegroom and i did not understand as to how he has performed the same.it was understood that only to value the tradition of the bridegroom they have done like that. further i have erroneously mentioned as nephew instead niece
corner stone
(Querist) 21 December 2015
dear sir
i thank you very much for your advice and if the marriage is illegal can she be separated for her protection under sc as the bridegroom is pestering to value and convert by performing some practices as per church rules which she is not obliging kindly do not get angry and help
Sudhir Kumar, Advocate
(Expert) 22 December 2015
"bridegroom is pestering to value and convert by performing some practices as per church"
Well expected.
Marriage is not binding on her.
In case she wants to walk out of marriage then she can. She is not married at all.
If the bridegroom does not agree for nullity of marriage let the following consequences be on him:-
(i) charge of rape on him -- he has be-fooled a lady to be his lawfully wedded wife and cohabited with her. --- when the lady is SC then SC Act shall also be applied on him. The said pastor and all those who attended wedding from his side be co-accused as abettor.
(ii) let there be a complaint to the Bishop against the pastor who has done professional misconduct by performing a marriage contrary to law and Christian believes.----- let him on lookout for another job.
(iii) one more criminal case for hurting religious sentiments by forcing a conversion.
corner stone
(Querist) 22 December 2015
dear sir
thanks a lot and we will act accordingly
