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Originally posted by : KARTHIKUMAR S
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My doubt is my wife is a christian but holds hindu caste certificate (her mother was a Retd Thasildhar). She and her family goes to church alone. We registered under hindu special marriage (intercaste) act. How Can I prove that she is a Christian so that the marriage registration will be void? Is there any possibility for that?
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1. Anyone known to you can RTI and seek info. on all Caste Certificate issued from such and such period from Tehsildar's Office. RTI reply will get clear your doubts.
2. There is nothing called Hindu Special marriage (inter-caste) Act. It is only called as Special Marriage Act. In inter-caste marriages registered under Special Marriage Act it is not necessary for parties to convert from their religion to another to get their marriage Registered. Here, while she is Christian and you a Hindu your inter-caste marriage under Special Marriage Act is still valid in eyes of Law and she may be doing things called Hindu at marital home all these years when she was with you to please you / your side of the family but she never converted her religion that is why she still goes to the Church as under this Act there is no need to convert.
3. Also any conversion done before marriage is valid whereas for the sake of doing second marriage if a conversion is done then it stands void which is one the slight difference. Nevertheless your case is not which so flows out of your brief.
Since you are a ld. teacher and have some more legal questions to ask to us, I would suggest you daily read last 50 messages discussed here under Family Law starting from beginning page 1 and make notes relevant to your case and it is the most easiest way to understand simple law and for the same I don’t expect you to do fulltime course in LL.B but few online studies till your case lasts for your own good as free advise have certain limitations and then there are so many daily queriest here who also look forward to a reply to their queries too from Experts!
