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HARSH SHARMA (SERVICE)     15 November 2011

Is this marriage valid ?

The Man and Woman got married in Nov 2010 as per hindu rituals. Marriage registered in jan 2011 in Mumbai through Municipal corporation under hindu marriage act. the marriage was registered using a local lawyer.
 Man is  Hindu. Woman was a Christian. She got converted into Hinduism in a local ashram by holding some rituals - "shuddhi". NO affidavit was made by the woman BEFORE marriage about conversion to Hindusim.
The woman's earlier christian name appears on the marriage certificate. Name changed  has been effected by putting a gazzette notification post marriage registration.
Pls guide on my following queries in such a scenario :
1)  Is such a conversion legally valid ? a 'conversion certifiacte' from the ashram is all that the couple has.
2) If such a conversion is Invalid ? Is the marriage registered under HMA valid ? since, if the conversion stands to be invalid, the woman continues to be a christian and hence the marriage registration under HMA is wrong because it require both to be Hindus.
3) Is a marriage under the give scenario valid ? if it is not, what is the procedure to validate it - special marriage act ?

Thanks



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     15 November 2011

When marriage between christan and hindu it is not possible to register the marriage under HMA.  It might have been registered under Spl. Marriage act..

When she is conviered into hindu by folliwng the due procedure, it is valid .

HARSH SHARMA (SERVICE)     15 November 2011

1) The marriage certificate reads "......is registered under the maharashtra regulation of marriage bureaus and registration of marriage act 1998....."

2) what is the 'due procedure'  for conversion that is legally acceptable ? i only know of 'affidavit' .

Regards

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     17 November 2011

Repeated query on another forum.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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