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HARSH SHARMA (SERVICE)     13 December 2012

Is marriage after conversion invalid ?

Kearla HC on 11 Dec 2012 ruled out that marriages preceeded by conversion are NOT legal and will be deemed invalid before the law

https://articles.timesofindia.indiatimes.com/2012-12-12/india/35773405_1_special-marriage-act-vhp-religious-conversion


In the context of the above ruling, i have the following query...

The couple stays in Mumbai, Maharashtra. Man is a Hindu. Woman is a Christian. The woman got converted to Hinduism by some religious conversion rites in a local religious organisation. The couple then got married in 2010 as per Hindu tradition and got thier marriage registered under the Hindu Marriage act.
The woman has changed her name and surname in all her documents (driving licence, passport, pan card..etc)

1) Since the ruling is by Kearla HC, is it applicable in Mumbai, Maharashtra too ?

2) Can the couple get married under the Special Marriage act now again in 2012 (after 2 yrs of thier traditional marriage) in light of this HC ruling ? If yes, the couple will have 2 marriage certificates (one issued under HMA and other under SMA) will this complicate things further for the couple in the future ?

3) Does the couple have a geniune reason to be worried about the fate of their child (his school admission ..etc..etc) beacuse of thier marriage credentials not bieng very clear. The couple however doesnot have a child now but is planning for one.


 



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 1 Replies

Goutam Prasad (Advocate)     13 December 2012

Since the ruling of Kerla HC will not work in Maharastra, you need not worry.

Although, complete order need to be seen before any comment, I don't see any problem should arise if any person wants to convert before marriage and remain converted after marriage too and follow converted religon. In such cases it is to be seen whether the place where conversion took place happens to be appropriate and further whether there was any pressure or coersion etc. for conversion.

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