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RAMAKRISHNA (student)     30 April 2014

Hindu christian marriage

I loved a girl she's a christian(SC) and am a hindu(BC-B). i want to marry her. She's willing to change her religion prior to marriage. How to convert her and will this change affect her in future in availing reservations in government jobs?

Change in religion has any procedures legally. whether she should submit any affidavit to government.

2.Is she eligible to apply for OBC (being christian and income below 4 lacs)



Learning

 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     30 April 2014

Once she converts to your caste then she wont get benefit of OBC

S C KHOSLA (Ex - Scientist `F`& Head (SPPD))     30 April 2014

1. Under sec  5 of Hindu marriage act, a marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:-

(i) neither party has a spouse living at the time of the marriage;

(ii) neither party is an idiot or a lunatic at the time of the marriage;

(iii) the bridegroom has completed the age of twenty one years and the bride the age of eighteen years at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two

 

Out of the five above conditions, this article refers to the condition stated under section 5(v), which states that if the Hindu bride and the Hindu groom are "sapindas" of each other, the marriage between the two cannot be solemnized by law and will be legally void.

2. Therefore, it is essential that Christian party converts to Hinduism before marriage.

3. Conversion to Hinduism can be performed by visiting any Hindu temple. Arya samaj temples also performs this ceremony.

 

4. Sec 8 covers  - Registration of Hindu Marriages :- (1) For the purpose of facilitating the proof of Hindu Marriages, the State Government may make rules providing that the parties to any such marriage may have the particulars relating to their marriage entered in such manner and subject such to conditions as may be prescribed in a Hindu Marriage Register kept for the purpose.

 

Sudhir Kumar, Advocate (Advocate)     30 April 2014

First of all be clear that Chistians are never SC.

 

Therefore she has no reservation benefit available to her which she is going to leave on conversion.

S C KHOSLA (Ex - Scientist `F`& Head (SPPD))     01 May 2014

Dear Sir (s),

Since Adv Rajiv already covered OBC issue, I have not touched upon that topic.

My inputs were on issues raised by  Sh Ramakrishna in sr no 1 of his query.

Now Sh Sudhir Kumar has also given inputs on sr no 2 of query. 

I hope with all above inputs, things should be clear to Sh Ramakrishna.

 

S C Khosla

Ex - Scientist `F`

Shantanu Wavhal (Worker)     02 May 2014

no need to change religion.

get married under special marriage act.

S C KHOSLA (Ex - Scientist `F`& Head (SPPD))     02 May 2014

The provision 19 of Special Marriage Act states as follows;

`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.`

implying that they may suffer for marrying outside their religion in terms of inheritance, succession etc.

Moreover procedure in marriage office is lengthy and cumbersome.Groom and bride also face criticism from society, once the notice is pinned on the board for a month.

Hence, conversion is an easy route.

And seeing desire of girl to get converted to Hinduism, I informed provisions of Hindu Marriage Act.


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