Whether 354 ipc applicable?

 

MARRIAGE ITSELF IS INVALID.

 

SUCH MARRIAGES OF INTER-RELIGIOUS FAITH HAVE TO BE UNDER THE 

SPECIAL MARRIAGE ACT AND NOT THE HINDU MARRIAGE ACT.

 

see these : read thoroughly

 

The high court observed that the appellant herself has stated that the respondent was not a Hindu at the time of marriage or thereafter. 

"If this condition is not fulfilled and there was no contravention of provisions under Section 5 of the Hindu Marriage Act, the family court was right in saying that she had no right to file such a petition", the bench said. 

Moreover, provisions of Hindu Marriage Act can be applied in cases when both the spouses were Hindus and their marriage is performed as per Hindu rites and rituals, the judges said. 

It is also an essential condition under the act that at the time of filing a petition for divorce, both the spouses were Hindus by religion, ruled the bench.

_________________

 

https://www.indiamike.com/india/marriage-related-visa-questions-f150/hindu-christian-marriage-invalid-under-hindu-act-indian-supreme-court-t67885/

 

https://timesofindia.indiatimes.com/india/Hindu-married-to-non-Hindu-cant-get-divorce-under-Hindu-Marriage-Act-Bombay-high-court/articleshow/28062659.cms

 

https://court.mah.nic.in/courtweb/orders/mumfamily/orders/200101020622010_1.pdf

 

 

by making a woman to believe that she is legally wedded wife (while she is not legally wedded) and then obtaining consent for s*x adds in the definition of rape. The charge against him could be better under 375 (explanation 4) Marriage is not legal and binding and he has invited trouble. Let him beg for mercy.

But there is the legal maxim " Ignorance of the law cannot be pleaded as excuse " So it is her legal and moral responsibility to know the law for marriage. So he can argue that she lied to him that she was a hindu and SUPPRESSED FACTS that she was in reality a muslim. Since marriage took place in a temple, he can say he was made to believe that she was a hindu. But she cannot argue that way since a muslim would not enter a temple and to partake in a hindu ritual. If she has done it, it can be argued as a hidden illegal agenda ( later conversion to islam,...etc ) she had against him. It depends on how the advocate argues these points.

Dear Sir/Madam,

my question is not whether that marriage is legal or illigal?

whether own wife can file a case under 354 D? is it possible?

354 D says that: (1) Any man who— (i) follows a woman and contacts, or attempts to contact such woman to foster personal interaction repeatedly despite a clear indication of disinterest by such woman; or

any man means wat, can u say that husband is anyman to his own wife?

if they are different from each other, so courts need not give them divorce, they are seperate from each other. no body need to give the almony to his wife. because they are different.

the meaning of marriage is nothing but unitation of two persions(male and female).

i am telling you its a love marriage held between hindu and muslim. in the rights of hindu costoms, because the boy belongs to hindu community, 

hindu marriage act says that there are some conditions, should be fulfilled, but incase its failed (it says nothing like invalid or valid?)

 

"any man means wat, can u say that husband is anyman to his own wife?" PLEASE TELL YOUR FRIEND THAT HE HAVE TO UNDERSTAND THAT SHE IS NOT HIS WIFE. IT IS NOT HAVE A LEGALLY ACCEPTABLE MARRIAGE. SHE IS MUSLIM ONLY YOU COULD MARRY SPECIAL MARRIAGE ACT.

YOU SAID "hindu marriage act says that there are some conditions, should be fulfilled" FIRST AND FOREMOST CONDITION IS THAT BOTH SHOULD BE HINDU.READ SECTION 5 "A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:—" SO UNDER WHAT MISCONCEPTION YOU ARE LIVING.

FURTHER YOUR FRIEND (BASICALLY IT IS YOU) MUST ALSO HAVE BLUFFED TO THE PANDIT THAT THE GIRL IS HINDU OR ELSE THE PANDIT HIMSELF CAN BE TAKEN AS ABETTOR TO RAPE.

WHETHER YOU LIKE TO HEAR OR NOT UNDER GIVEN CIRCUMSTANCES CHARGE UNDER SECTION 354D IS TENABLE. If they have decided not to add 375 it is their magnanimity. That charge will also be tenable. So I reiterate that let him beg for mercy.

 

@ Sudhir Kumar

 

ha ha ha ha....Good One.

Rightly analysed and suggested by Adv Sudhirji.A muslim girl by birth marrying a hindu boy in a hindu temple without getting converted into hinduism,is not valid in any law.The boy is certainly in legal trouble.Now under the influence of her parents she has filed 354ipc illustrates that the boy is left alone to defend.

do we hav any mandatory provisions to covert into other relgion?

how can some one says that she had not coverted into hinduism? she has com to temple, and obeyed to get married as per hindu ritual, i was knotted holy tie! exchanged garlands, her name is Rehana, he changed it as Sony!. they have had photos, and teliephonic conversations took place in between them.

now tell me sir i need your valueble sugessions! i wana help him to get rid of this difficulty situation.

@ durgaprasad

 

Read my comments and speak on those lines to a retired public prosecutor who is practising as an advocate now.

 

Search for one such Public Prosecutor who has retired and is an advocate now.

 

Take my comments and form a base.

 

Remember " If you are in trouble, She too is "

 

You need to know how to move around this snake-ladder game

No scope of further arguments. You seems to be already knowing more law than published in books.

no sir! 

i am learner and very much intrested in law. but my educational background is Science, 

since from my birth i hav no need to know that, but now it become my life adn death queston.

First Class Majistrate of Machilipatnam, A.P, has sugested me to study Law with her word i paid for course, recently.

i started reading law books, and amendaments, there are so many absurds, i cant be able to understand them,

our laws are clashing with each other,

the same thing asked the magistrate, she siply said i am not competent to say that. we dont answer u.

i used RTI to District Judge, immidiately he replyed me, i m not the person to answer u, just ask state information officer. 

i tried him tooo, he said law is like that, we are the followers, i send queries to law comminsion of india, A.P high Court no body are clarifing me.

still i m suffering with sleepless ness, constitution says somding, law says otherthing, 

illigally police and politicians, father of my wife has booked me under sections, 

i am fighting in the court, offcourse from one case magistrate accquited me. 

giving accquittal is not a justice!

with out doing somthing i become accused, afer the trial, court  acquitted.

y should i prove myself?