Query short listed
1) I want to know that if a Hindu boy and a christian girl marry in church,and the girl retains her religion,does the boy have to convert to christianity for the marriage to occur?
the girl's side are not in favour of a hindu wedding.
please advise..
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See this is legal forum and within frame work of law only we will say remaining priest /poojari they have their own methods which I don't want to comment, Depends upon institution and Priest/Poojari
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But imp. legal points are put here
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1) Hindu Marriage act (7 Rounds for sake of breavity) is applicable to only Hindus under definition of Hindu in that act
Sec 2 (C) states
(1) This Act applies,-
(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.
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2) Indian Christian Marriage act 1872
Marriages to be solemnized according to Act
4 Every marriage between persons, one or both of whom is 11[or are] a Christian or Christians, shall be solemnized in accordance with the provisions of the next following section; and any such marriage solemnized otherwise than in accordance with such provisions shall be void.
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1) So rembering one Supreme court Judgement (Title don't remeber) Hindu Marriage act can not be used by Muslim, Christian , Parsi or Jew. if one person is from this religion
So that marriage won't be considerd valid .
2) Regarding Christain marriage Act ther is loop hole one person can be Christian
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So legally I interpret
1) Christain girl parents/gaurdian wants legal marriage for their daughter ( Well they are correct 100% , They want legal protection for their daughter else tomorrow person will deny marriage and say I had physical relationship with mutual consent and we are not married)
2) Hindu Marriage is not valid for Christian girl (So if she marries in Hindu way she does not have legal protection as wedful wife). Children born out of them will too have problem , if some one raise issue ( You never know future)
3) One more act consideration should be taken in account which should not be taken at this time but required to analysis it for legal purpose
Hindu Succession Act 1956
26. Convert’s descendants disqualified
Where, before or after the commencement of this Act, a Hindu has ceased or ceases to be a Hindu by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified from inheriting the property of any of their Hindu relatives, unless such children or descendants are Hindus at the time when the succession opens.
So if Hindu Boy Converts to Christanity then he and his next generation will loose all rights in Hindu Family Property /Wealth /Even may loose right to reside since that house does not belongs to him (Most probably)
In Such case conversion to Christanity is dangerous for future
4) So Parliament passed act called Specal Marriage Act 1954 (Which is famously called register marriage or Court marriage)
Any person irrespective of religion can marry in this act
Sec 5 of this act states consequence of marriage under this act
19. Effect of marriage on member of undivided family
The marriage solemnized under this Act of any member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religion shall be deemed to effect his severance from such family. (It will affect HUF Mitakshara in my opinion , Other adv. can interpret properly)
20. Rights and disabilities not affected by Act
Subject to the provisions of section 19, and person whose marriage is solemnized under this Act shall have the same rights and shall be subject to the same disabilities in regard to the right of succession to any property as a person to whom the Caste Disabilities Removal Act, 1850 applies.
21 . Succession to property of parties married under Act
Notwithstanding any restrictions contained in the Indian Succession Act, 1925, with respect to its application to members of certain communities, succession to the property of any person whose marriage is solemnized under this Act and to the property of the issue of such marriage shall be regulated by the provisions of the said Act and for the purposes of this section that Act shall have effect as if chapter III of Part V (special Rules for Parsi Intestates) had been omitted there from.
21A. Special provision in certain cases
Where the marriage is solemnized under this Act of any person who professes the Hindu, Buddhist, Sikh or Jaina religion with a person who professes the Hindu, Buddhist, Sikh or Jaina religion, section 19 and section 21 shall not apply and so much of section 20 as creates a disability shall also not apply.]
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Due to legal complexity of the Personal Law and now you will understand why People are asking Uniform Civil Code . I recomend
1) Tell Hindu Boy and Christain Girl to marry under Specal Marriage Act (Register Marriage 1 month notice to registrar required)
2) Without converting to other religion tell Hindu boy to marry Chistian girl in Church
3) Tell Christian girl to again marry under Hindu tradition 7 Rounds (Without conversion just for sake of happiness of all parties involved)
And all enjoy
This was done by ascending order in arranged fashion within 2-3 days by Family of Former Chief Minister of Maharashtra Vilasrao Deshmukh
Ritesh Deshmukh and Genelia D'Souza ( Both are actor and actress)
It was grand party for satisfication of all parties and to also fit in legal ways properly.
Everyone sentiements where taken care of including Law
Lets hope this personal law become One in Comming years but it will be big political debate , All orthodox mentality are trouble some. We should have single personal law for all . Atleast legal complication will be reduced .
Sorry for big explanation .