pps309
Prime VIP
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.
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.
....after 18 krao jide marzi naal jithe marzi 
