Hindu cousins can marry after converting to Christianity: Delhi HC

by sambarvada Mon Aug 01, 2011 3:15 pm

http://articles.timesofindia.indiatimes.com/2011-07-31/india/29835266_1_delhi-hc-frivolous-case-delhi-judicial-services

by Silhouette Mon Aug 01, 2011 3:44 pm

I'm a bit confused with this, "Therefore, after conversion into Christianity the marriage does not fall under the 'sapinda' relationship (which is prohibited under the Hindu Marriage Act)," said Justice Suresh Kait while upholding the marriage."

So, the hindu men and women who married their cousins in the past were technically committing a crime? And the priests who sanctioned their marriages were performing illegal marriages?

by artood2 Mon Aug 01, 2011 5:01 pm

Silhouette wrote:I'm a bit confused with this, "Therefore, after conversion into Christianity the marriage does not fall under the 'sapinda' relationship (which is prohibited under the Hindu Marriage Act)," said Justice Suresh Kait while upholding the marriage."

So, the hindu men and women who married their cousins in the past were technically committing a crime? And the priests who sanctioned their marriages were performing illegal marriages?

Don't think priests have any legal liabilities. India had two system of marriages: one that allowed mama marriages and other did not. The first one was apparently outlawed (?). Time for a uniform civil code.

by charvaka Mon Aug 01, 2011 5:03 pm

Silhouette wrote:I'm a bit confused with this, "Therefore, after conversion into Christianity the marriage does not fall under the 'sapinda' relationship (which is prohibited under the Hindu Marriage Act)," said Justice Suresh Kait while upholding the marriage."

So, the hindu men and women who married their cousins in the past were technically committing a crime? And the priests who sanctioned their marriages were performing illegal marriages?

India's marriage laws are crazy-ass confused. Even if Hindu Marriage Act does not allow certain marriages, two people born and raised Hindu could get married in a civil marriage under the Special Marriages Act (or some such arcane name.) About time we got a uniform civil code.

by Silhouette Mon Aug 01, 2011 5:14 pm

I see. So is this like a conflict or does one Act override the other?

by charvaka Mon Aug 01, 2011 5:19 pm

Silhouette wrote:I see. So is this like a conflict or does one Act override the other?

Technically, I think the Hindus in question have to claim that they are no longer practicing Hindus. Because Hinduism does not have any specific set of rituals of either exclusion ("if you don't do this you are clearly not a Hindu, regardless of whatever else you do") or inclusion ("if you do this, you are clearly a Hindu regardless of whatever else you do"), what this means is a declaration by the parties that they are atheists, for example. There is no need for any conversion ceremony, etc. So technically neither act is superior to the other, but the Special Marriages Act is a catch-all that applies to anyone who is not governed by their own religious law.

by Hellsangel Mon Aug 01, 2011 5:35 pm

A little suburb in Toronto has sirens blaring in pursuit of a man jumping up and down yelling 'UCC, UCC' joyously and scaring passers-by.

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Hindu cousins can marry after converting to Christianity: Delhi HC

Hindu cousins can marry after converting to Christianity: Delhi HC

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Re: Hindu cousins can marry after converting to Christianity: Delhi HC

Re: Hindu cousins can marry after converting to Christianity: Delhi HC

Re: Hindu cousins can marry after converting to Christianity: Delhi HC

Re: Hindu cousins can marry after converting to Christianity: Delhi HC

Re: Hindu cousins can marry after converting to Christianity: Delhi HC

Re: Hindu cousins can marry after converting to Christianity: Delhi HC