Marriage between Hindu, non-Hindu not valid under HMA

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The marriage between a Hindu and a non-Hindu solemnised as per the Hindu rites is neither valid nor the parties can claim any benefits under the Hindu Marriage Act (HMA), the Delhi High Court has ruled.

The High Court also held that 'mere theoretical allegiance' to Hinduism would not make one a Hindu unless he or she had actually converted to the religion.

"Mere fact that the parties had solemnised the marriage as per the Hindu rites and ceremonies would not attract the applicability of the Hindu Marriage Act as the mandate of the law is that marriage has to take place between two Hindus," said Justice Kailash Gambhir in a recent judgement.

The court dismissed a petition filed by a woman, who sought divorce under the HMA, claiming that her marriage with a Christian had taken place at Arya Samaj temple as per Hindu rituals in 2007 and said the parties were required to be Hindu at the time of solemnisation of marriage.

Marriage between a Hindu and non-Hindu under HMA not vaild: HC


P.S: If marriage between a Hindu, non-Hindu is not valid under Hindu Marriage Act then why the hell marriage between two sikhs is valid under Hindu Marriage Act? Mere thelogical allegiance is not sufficient, one has to convert to religion. Now all those sikhs who are getting married under HMA are not converted to Hindus. This means under the cover of law GOI categorizes all Sikhs as Hindus, Indian constitution does not recognize Sikh as a distinct religion.
Enactment of Anand Marriage Act or Sikh Marriage Act is still a valid point if Sikhs have to maintain their distinct Sikh Identity under Indian constitution.
 

MAVERICK

Member
i guess there should not be any law..marriage jadon marji, jiven marji, jihde nal marji karvayi jao
 

harmanjit_kaur

Waheguru Waheguru
gurudware toh n court dona toh document lena penda va to proof a marriage

waise ki farak penda koi hindu, sikh, christain, muslim aa je dova ch pyar aa ta thik aa bus ghar deya nu naal rala lo
 

snoopy_amli

___I. A. F.___
mere bro e hindu kudi nal viah kita sadi family frnd ch ik jati ne Gpta ji nal viah ita so it hardly matters to ppl ????? whether its hindu muslim sikh or jain??? jad baki angrejjan de rule jehde avde constitution ch hege ne onate aapti nahi then why this one ??
 

Sadhu

Well-known member
D judgement is of a high court judgement. Many a HC judgements hv bin over-ruled
by d supreme court. D ppl affected by d judgement sure can appeal against d verdict.
Sikh r categirised as Hindu's so a marriage b'tween a Hindu n a Sikh is valid under
d HMA. I think d HMA shud b renamed as d IMA, The Indian marriages Act.

Now all those sikhs who are getting married under HMA are not converted to Hindus.
This means under the cover of law GOI categorizes all Sikhs as Hindus, Indian constitution
does not recognize Sikh as a distinct religion. Enactment of Anand Marriage Act or
Sikh Marriage Act is still a valid point if Sikhs have to maintain their distinct Sikh
Identity under Indian constitution.
D guru's got their children married by d brahmins as per hindu rites. Even guru gobind singh
married dat way. Ther nvr was a seperate sikh law regarding marriage. D demand for AMA
is a recent one n mostly d western sikh want that. It's anti india or anti hindu junkets dat dey
hope to get invited to is wat d reason behind their making dese inane demands. They even say
dat d Sikh r a distinct race, nasl, kaum. D gurus were khatri's, n guru gobind singh himself had
said that. How can khatris of punjab b a distinct race??

There should be one uniform marriage law in India !!!
No-one will hv a problm wid dat except d muslims. Ther ws dis maulana talking on tv last night on d
Hina Malik issue n he says dat d Indian constitution shud hv a similar provision to deal wid blasphemy.


i guess there should not be any law..marriage jadon marji, jiven marji, jihde nal marji karvayi jao
Bharat, who dis nation is named after was d child of a gandharva vivah, tween dushyanth n shakuntala.
Gandharva vivah is a kind of a liv in relationship, if I may say dat. So U see U'r views will hv many takers.
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