Gay Marriage Debate.... Hindu/Christian Marriage Debate

While Americans protest and debate the merits of Gay Marriage across the country, Indian Courts were hearing a case on the validity of Hindu Christian marriages. Check it out:
NEW DELHI: Marriage between a Hindu and a Christian is invalid under the Hindu Marriage Act, as the Act provides for only Hindu couples to enter
into a wedlock, the Supreme Court has ruled.

A Bench of Justices Altamas Kabir and Aftab Alam upheld the judgment of the Andhra Pradesh High Court which nullified a marriage, after the wife, Bandaru Pavani, a Hindu, claimed that her husband, Gullipilli Sowria Raj a Christian, had misled her by pretending to be a Hindu and married her at a temple.

The husband had misinformed about his social status, the wife had complained while seeking divorce.

According to the couple, Raj, a Roman Catholic Christian married Pavani on October 24, 1996, in a temple by way of exchanging of 'Thali' (sacred thread) in the absence of any representative from either side.

Subsequently, the marriage was registered on November 2, 1996 under Section 8 of the Hindu Marriage Act, 1955.

The matrimonial court rejected her plea for divorce saying the marriage was valid under the Hindu Marriage Act 1955, even if one of the parties belonged to any other faith.

However, the High Court upheld her plea and said the marriage was void as the Act postulated marriage only between Hindus, following which the husband filed the SLP in the apex court.

Dismissing the Christian husband's appeal, the apex court said Section 5 of the Act makes it clear that a marriage may be solemnised between any two Hindus if the conditions contained in the said Section were fulfilled.

3 comments:

Anonymous said...

It's not as though Hindus and Christians can't marry. They can marry under the Special Marriage Act (i.e. a civil registered marriage in front of your local judge or magistrate). You can't have a mixed marriage under the Hindu, Christian, or Muslim personal laws, *unless* (this is guessing) all parties are agreed that the religious ceremony is just a pretty backdrop for the legal civil ceremony.

Sharmishtha

Anonymous said...

if the marriage license was based on the fact that it was a hindu wedding, then its hard to argue. I still think that they should get a divorce and not an annulment.... i mean what happened to all the years of marriage etc....

For all we know, it could be pressure from the parents etc... not to recognize the marriage... but why would they want to make that public through the courts...

Mobile said...

Thank for sharing good and useful information. This information is very valuable.

Regards.
Aysia
hindu matrimonials