Validity of my sisters marriage hma nd nri marriage

@ pooja,

this is what will happen if you start to consult too many lawyers. The lawyer statement was applicable prior to year 2003. not now, it can be tried in India, but only divorce is possible through exparty in practical circumstances.

Refer below link;

https://articles.timesofindia.indiatimes.com/2010-07-13/india/28276597_1_family-court-hindu-marriages-act-divorce

Half of the lawayer are either liars or incapable,

he he ask this gr8 Advocate, 'why does Apex Court decides cases of NRI's grooms then say using Art. 142 COI and/or their MCD cases and/or grants divorce and/or handles their child custody matters so on so forth all under Hindu Laws!'

Also ask this gr8 advocate from my side 'which Law school he attended to tell us that NRI's are not covered under personal marriage Laws of the land'?

Registration and/or affidavit is not important so far 'ceremonial marriage' as per personal customs and usage are not denied by other side.
 

In your sister's case, 'ceremonial marriage' r/w priest or temple records or time stamp pics. r/w cross examinations along with other witnesses examination at box to the very ceremonial marriage is more than enough to proceed on divorce decree based on 'desertion ground' as your BIL is not performing cohabitation with your sister from day 2 of mariage i.e. last 5 or so many years as per your own opening first message here not that long ago and to raise cause of action (desertion) minimum 2 years desertion by either party to a marriage is enough, here we are talking for 5 years desertion by your BIL.
 

For S. 498a and/or DV I will now not add more than already what I repeatedly gave as opinion to during our several interactions. The issue that you are struck is on 'alimony part' which I can understand but then a deserted wife is still eligiable for alimony is what law still says so …………… however how to execute ex part alimony decree from a NRI party is a triple Lord Hanuman's leap is a hint I end your and mine interaction of an old topic and let allow others guide you.

I suggest read one of my old interesting reply to similar facts but given to NRI husband at link;

https://www.lawyersclubindia.com/forum/Deserting-wife-unconsummated-unregistered-marriage-68406.asp 

In my view, holding Green Card does not change one's religion. Additionally, as per HMA what is necessary is that the parties to the marriage must be Hindu. Now the question comes, who is Hindu for the purpose of this act? It is simple to answer by @Pooja herself. While the marriage was conducted, the bride must know what religion does the groom follows.

So HMA is certainly applicable in this case. May be other learned practicing advocates throw some more light on this question of law.

//peace

/Saurabh..V

For Saurabh. V;

Who is Hindu for the purpose of Hindu Marriage Act, 1955?

As part of the Hindu Code Bill, the Hindu Marriage Act was enacted by parliament in 1955. It is an Act to amend and codify the marriage law among Hindus. Its purpose was to regulate personal life among Hindus, especially their institution of marriage, its validity, conditions for in-validity, and applicability.

The Hon'ble Supreme Court of India defines the qualities of a Hindu in the ruling of the case, ref.: Bramchari Sidheswar Shai and others Vs. State of West Bengal [1995 AIR 2089, 1995 SCC (4) 646]. The full text of the ruling is annexed here. The case was regarding declaring Ramakrishna Mission as a non-Hindu, minority religion, under the Indian constitution.

So without further ado, here is the relevant portion of the proceedings, which defines the characteristics of a “Hindu”:

The Apex Court identifies seven defining characteristics of Hinduism and by extension "Hindus":

“1. Acceptance of the Vedas with reverence as the highest authority in religious and philosophic matters and acceptance with reverence of Vedas by Hindu thinkers and philosophers as the sole foundation of Hindu philosophy.

2. Spirit of tolerance and willingness to understand and appreciate the opponent’s point of view based on the realization that truth was many-sided.

3. Acceptance of great world rhythm, vast period of creation, maintenance and dissolution follow each other in endless succession, by all six systems of Hindu philosophy.

4. Acceptance by all systems of Hindu philosophy the belief in rebirth and pre-existence.

5. Recognition of the fact that the means or ways to salvation are many.

6. Realization of the truth that Gods to be worshipped may be large, yet there being Hindus who do not believe in the worshipping of idols.

7. Unlike other religions or religious creeds Hindu religion not being tied-down to any definite set of philosophic concepts, as such.”

Hey guys my Parents are Hindus and i been living out of India for more than 15years and i don't follow Hindu religion.I eat beef and pork and never been to temple.Also tell you a secret i am circum....d ;) My friends call me Javed and here in US one can live without having a religion.And i call Hinduism a big Bull..SH..T

Christians and Muslims can give up their religion but for Hindus there is no way to give up religion officially.Also on my passport there is no mention of my Religion.So what am I as per Indian law ?

Yes, @ Javed

I was waiting for you to visit this discussion for very long time !

I am aware your lawyer has taken position in Indian Court showing your Passport that you are not a Hindu hence your marriage is void.

But my dear over smart NRI hiding husband whatever position your lawyer is taking he as well as you are bound to smell Indian Laws one day or other as our Apex Court has already declared way back “once a Hindu always a Hindu” in reference to your matrimonial case being serviced in India soil by your lovely wife. I am also aware your wife's side lawyer are unfortunately not aware of ref. Apex court judgment.  

So now you eat beef or graduate to BDSM in American soils for me and curtsey our Apex Court binding precedent you are still a Hindu. BTW, Passport issued by India Passport Office are never having on holder picture page ‘religion’ column so your lawyer is more idiot than you and tell this to him from my side. All it takes is retriving true certified copy of your passport Form as primary evidence to lis.

When ever from beef eating and calling Hindu’s what you called us here you get time then do read and understand annexed SC judgment on how you are still a Hindu even you get now bobbitised in future for Indian Court evidence purposes!

Taj Saar I have American Passport :-)

I feel Pity on Indian men who waste almost a decade in getting divorce and even after divorce a women can file 498a against her husband and make rest of his life miserable.

Once a Hindu always a Hindu LOL

Oh sure desi Saaaaar!

And I feel pity on some of the NRI’s who after 15 years are still taking resort of an American Passport and have kept their Indian marriage question pending here and have to gain approval of their local gay friends to seek and know what is behind his zip to be called as @ Javed as you claim above and the beauty here is this dude still refers to Indian Legal portals so scarred even after 15 years wow J

Once circumcised always remains circumcised that is beauty of what makes a Hindu bridegroom run and run and turn into NRI and made to eat beef and pork and live without religion gets circumcised and called as @ Javed by friends ROTFL  

What you call yourself now man when looking at a mirror?

Ja-Ved !!

Ja-Weed !!

Jaw-ed !!

WHO ARE U ??

Its going to be soon the 30th Anniversary celebration of 498a and Indian men could not change this law  till date.The only thing one could do is post here or LCI or wordpress or meeting in the gardens of Indian metros.

My advice for Indian men is to go for a gender change to escape 498a and join with the ladies.Oops Taj is there any order from Hon. SC "Once a male always a male"

@Taj

Standing in front of a mirror with Indian Passport one feels like a Eunuch and with American Passport feels like a Human...Taaaa..raa..rum..pum

Javed,

No need to bring citizenship or religion or anyother factor. Yes agreed indian law maked errer and myopic with a view of middle 80 women, where such case filing was less, but this dangerous situation started only when lawyers started using it as tool to convince to women, of course women were also equally greedy these days. post 1991. Already Law commision issued a statement of changing it to non-bailable, and moreover women realised it is no more extortion tool and using a retaliation tool.

Things will improve, between you know what was the history of plight of people in America in 18th Century?

Oops Taj is there any order from Hon. SC "Once a male always a male"

No order / finding / observation / judgement needed !!

he he ...

he he he ...

hee hee hee ...