Seeking Divorce - Arya Samaj Marriage

now my query is lost somewhere in your debate!!!

---   ha...  ha...   ha...

mr sunny,

thanks for your detailed postings.

it gives us a practical experience on law matters.

SIR,

1 INTER RELIGION MARRIAGES SHOULD BE REGISTERED UNDER THE PROVISIONS OF SPECIALMARRIAGE ACT.

2.IN PRESENT CASE MARRIAGE AS PER ARYA MARRIAGE,  HUSBAND HINDU GIRL MUSLIM NOW THEY WANT DIVORCE.

3 BOTH HUSBAND AND WIFE SHOULD MENTION ALL FACTS AND SUPPORTED BY AFFIDAVITS OF BOTH AND FILE APPLICATION FOR DIVORCE TO THE COURT. AS RELIGIONS ARE DIFFENENT IT IS ADVISIBLE TO GO AS PER PROVISIONS OF SPECIAL MARRIAGE ACT.

GOOD LUCK.

As long as the girl has a conversion certificate and proof of conversion, she will be a Hindu only under law, whatever may be her way of life after the marriage.

It has to be seen at the time of marriage, if the girl was Muslim at the time of marriage, it is a void marriage under Hindu Marriage Act.

If she formally reconverts herself to Islam, she will again become a Muslim. I am a Hindu. If tomorrow onwards I live like a Muslim, still I will be a Hindu only, in the eyes of the law. I have dealt on this subject elaborately in another post titled "Am I Hindu or Muslim". Madam Hema has read that. There is no need to quote Hindu scriptttures and history. All have been superseded by our Constitution as well as by Acts like Hindu Marriage  and Divorce Act, Hindu Succession Act etc. An Aryasamaj marriage is valid under the Aryasamaj marriage validation Act. After the marriage they will be governed by the Hindu Marriage and Divorce Act. In the case of husband and wife married under the Special Marriages Act and belonging to different religions child can be brought up as if belonging to the religion of the husband or wife so long as there is no dispute between husband and wife. The child will have no religion in the eye of the law until he or she attains majority. After reaching majority the child can choose his/her religion or can even declare that he has no religion. It is not true that church will marry only marriage between Christians. It is decided by the priest. They ask the non-Christian partner to declare that their children will be brought up as Christians only. A Muslim can marry among the Semitic religions. Islam, Christianity and Judaism are Semitic religions.

This part is OK

Indira Gandhi was not allowed in Puri Jagannath Temple because according to the priests there she was not a Hindu. Years later Madam Gandhi applied to the Supreme Court praying for decree that she was a Hindu. The Supreme Court decreed that she was a Hindu. It is not known whether Puri temple accepted the court verdict, because afterwards Madam Gandhi never tried to go there again. The marriage between Indira Nehru and Feroz Ghandy was performed as per Brahmin rituals.

This is a question of Law, which has been settled by SC that a child born out of couple one of which is Hindu, if brought up as a Hindu would be a Hindu only. This Puri Temple story is an Urban Legend. This issue pretained about Sanjay Gandhi and his property.

Now if Rajiv Gandhi was Hindu or Rahul Gandhi is a Hindu either courts or temples have to decide. The decision of one temple need not be the same as that of another.These are fluid questions on which no clear answer can be given. The question comes only when a need arises. When need arises where will the parties go? Only to the court. The decision of one court need not be same as that of the other.

Please read my answer above.

This is a question of Law, which has been settled by SC that a child born out of couple one of which is Hindu, if brought up as a Hindu would be a Hindu only. This Puri Temple story is an Urban Legend. This issue pretained about Sanjay Gandhi and his property.

Exactly I was saying this only. There is no law as per any Act. When something is to be decided and there is no law enacted, Supreme Court decides on its own only. Such decision becomes law then onwards. Lower courts cannot decide otherwise. But the Supreme Court itself can on another occasion decide differently. Both the parents of Madam Indira Gandhi were Hindus only. So the above judgment did not pertain to the case of Indira Gandhi.

The question of her religion arose because she married a non-Hindu. According to Hindu scripttures she was not a Hindu. But as I have already stated the scripttures have been superseded by the laws of the land.

The denial of entry to Indira Gandhi to Puri Temple was what actually happened and was not a legend.