Marriage after conversion invalid: Kerala high court

#1 Dec 12th, 2012, 13:20
Join Date:
Aug 2010
Location:
United Kingdom
Posts:
1,108
  • ukdoctor is offline
#1
KOCHI: The Kerala high court on Tuesday ruled that marriage preceded by conversion - as a means to facilitate the marriage - will be deemed invalid before the law. It also controversially ordered the woman to stay with her parents until their marriage was solemnized in accordance with the Special Marriage Act, considering she is not a minor.

The court gave the order after hearing the case of a Muslim man and a Hindu woman whose marriage was solemnized with the backing of Vishwa Hindu Parishad (VHP) after the man 'converted' to Hinduism. The man had produced a conversion certificate issued by the VHP and the marriage certificate was issued by a well-known temple in Kaloor.

Refusing to recognize religious conversion as the basis for marriage, a division bench comprising justices Pius C Kuriakose and Babu Mathew P Joseph asked the couple to register their marriage according to the Special Marriage Act. This was after Shaiju M (24) of Vilakkupara, near Anchal in Kollam district, filed a petition alleging that his wife, Ashwathy Raveendran (22) of Vayala in Anchal, was being detained by her father and uncle.

Following the court's direction, Ashwathy was presented before the court by her parents. She told the court that her marriage with Shaiju took place on November 14 this year at Pavakkulam Sree Mahadeva Temple at Kaloor. Prior to this, Shaiju was converted to Hinduism by the VHP, she told the court.

Ashwathy's father K Raveendran objected to the groom's overnight conversion from Islam to Hinduism. He also told the court that there was considerable social and financial disparity between the two families.

"Having considered what we are told by the parties present before us, we feel that it is not safe to rely on the conversion of the petitioner from Islam to Hinduism stated to have been under the auspices (sic) of VHP," the bench said.

Shaiju said he will now pursue the course offered by the court, to marry under the Special Marriage Act, to restore his rights.



Source:

http://timesofindia.indiatimes.com/i...w/17577103.cms
#2 Dec 12th, 2012, 16:00
Join Date:
Oct 2004
Location:
Chennai, India
Posts:
70,971
  • Nick-H is offline
#2
I'll put Rs.100 on that getting overturned --- but I won't bet anything on that happening quickly
#3 Dec 12th, 2012, 16:29
Join Date:
Jan 2011
Location:
Delhi
Posts:
955
  • Matka is offline
#3
Quote:
Originally Posted by Nick-H View Post I'll put Rs.100 on that getting overturned --- but I won't bet anything on that happening quickly
I'll put 200 on that not getting overturned: "Shaiju said he will now pursue the course offered by the court, to marry under the Special Marriage Act, to restore his rights." No appeal, no overturning.
#4 Dec 13th, 2012, 00:14
Join Date:
Oct 2004
Location:
Chennai, India
Posts:
70,971
  • Nick-H is offline
#4
That's partly why I wouldn't put any bet on the "when." Also, I think I should have said "over-ruled?" I just do not know the right word. What I am putting my Rs100 on is that, assuming that the matter comes to their attention, the Supreme Court will either throw out this decision, or rule in such a way that it annuls it.

I've got some faith in India's Supreme Court

Hope it isn't just another India illusion to be shattered!

Similar Threads

Title, Username, & Date Last Post Replies Views Forum
Hindu-Christian marriage invalid under Hindu Act: Indian Supreme Court Oct 24th, 2011 15:07 48 26229 Marriage related Visa Questions
Bombay High Court Jun 23rd, 2010 12:49 3 2951 Mumbai (Bombay)


Posting Rules

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
Forum Rules»
Trackbacks are Off
Pingbacks are Off
Refbacks are Off
Thread Tools
Display Modes

Search Engine Optimization by vBSEO 3.3.2
© IndiaMike.com 2018
Page Load Success