Grounds for divorce - evidence ?

i am sorry for wrong categorisation and wrong title for the above query. how do i change it ?

Hindu boy and christian girl married each other as per hindu rituals and then registered marriage as per hma.  All these procedures are correct but shuddhi karan is not valid at all.  now answer to your question

1.  Since the conversion in ashram is not valid and ch. girl has to be converted first into hindu in court of law but after marriage as per ritual and printing wedding card, ch. girl becomes hindu as per hindu marriage act.  now girl is hindu by religion.

2.  since your ashram conversion is invalid but girl is legally hindu as explained above.

3. marriage is valid because done by rituals and wedding card.  always boys religion comes into force if marriages are done by religious method like in hindu 7 fere, in christian white gown and mouth kissing, printing wedding card.

thanks Tripti.. but my confusion still persists..

for the application of HMA..

"This Act applies -(a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samam, (b) to any person who is a Buddhist, Jaina or Sikh by religion, and(c) to any other person domiciled in the territories to which this Act extends who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed."

In the above scenario, prior marriage the girl IS a chrisitan and since the conversion is INVALID, she remains to be chrisitan. then, how can HMA be applied ?

No single, universally acceptable procedure ever exists for getting converted to Hinduism – this is the basic truth ....... the shuddhi karan is a recognised and acceptable ritual in india ...... hence this marraige is valid ..... the registration of marriage is also valid under HMA .....

If she had not gone through the conversion ritual .... then the couple had the option to get married under the provisions of the Special Marriage Act ...... where each one could have retained their respective religion .......

I totally agree with Sh. Dharmesh.

You outrightly rejected the conversion procedure followed by the Ashram.  Why you came to such conclusion?  Generally, the conversion conducted by Arya Samaj temples are valid by virtue of Arya Samaj Marriage Validity Act, 1936. 

Now, if both husband and wife both want to give validity to the marriage having doubt about the validity of their marriage under HMA, the appropriate course of action is to register their marriage under Special Marriage Act.

If in the present circumstances, if the validity of their marriage will become a question before the Court, Generally the courts will tilt towards the legal validity of the marriage instead of otherwise.

when a girl other than hindu religion is marrying with hindu boy in hindu way in front of public and photographs are there, it proves that girl other than hindu is marrying the hindu boy at girl's will and the public including all religion have accepted that girl in hindu religion and once all activities are completed on wedding day, after that moment that girl of any region becomes hindu because by accepting the hindu boy she has accepted everything of boy at girl's wish, consent.  finally hindu people would not throw a girl out of their religion.  therefore in my views that chr. girl is now hindu and she would die as hindu unless she leaves hindu boy or change her religion by law as the case may be.  no need to go for sma when hma is protective.

Thanks everybody for ur valued replies..

@ adv. chandu
"You outrightly rejected the conversion procedure followed by the Ashram.  Why you came to such conclusion? "
i doubt the validity because of the following incident :
when the couple went to the municipal corp. in Mumbai (BMC), the asked for an affidavit on a stamp paper that is dated BEFORE the marriage. Since no such affidavit was done, they rejected the application and said the marriage cannot be registered and advised the couple to take the route of Special Marriage act.
however, the couple then went to another municipal corporation ward office from where the girl belonged and with the help of a local lawyer they were successful in getting the registration.

 

Brother,

If the factum of Shuddhi can be proved, it is a valid Hindu Marriage.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

@ shonee kapoor,

Sir,
the following is available as evidence of "shuddhi" bieng done - 1) Digital Photographs 2) certificate issues by that ashram.
Is this enough to prove the 'fact' of  Shuddhi ?

If what you people here are saying is correct, why was the application for registration of marriage rejected at the BMC office by citing the lack of "affidavit of conversion dated BEFORE the marriage" ?
 

Affidavit has to be given by the person who changed his/ her religion.

BMC might have diffirent set of rules. Your marriage is legal in eyes of law and religion.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com