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Hindu marriage ties non-Hindus in knots, couple gets HC wrap

[email protected] (TNN)
June 24, 2012

Hindu_Marriege_Act

Mumbai, June 24: Marry in a hurry and repent at leisure, observed the Bombay high court as it grappled with a tangle that a Christian man had landed in by marrying a Muslim woman under the Hindu Marriage Act.

Mark Rebello had married Sakina Khan (names changed) on May 31, 1995 according to Vedic rites, apparently after being misguided by the marriage 'shops' outside the Bandra courts, and their marriage was registered under the Bombay Registration of Marriages Act. They had a daughter in 1998. Till 2005 everything was fine, but then differences cropped up and the couple separated in 2008.

The family court dismissed Mark's petition in 2008 for nullifying the marriage under Section 7 of the Hindu Marriage Act, saying it was not maintainable as they were both non-Hindus.

"How did you select to marry under the Hindu Marriage Act?" asked Justice PB Majmudar, who along with Justice Anoop Mohta heard Mark's petition challenging the family court order. "From day one, your marriage is illegal. Marry in (a) hurry and repent at leisure," he said. "They are opening shops for marriage and divorce also. Law-abiding citizens should never take advice from touts."

'Marriage shops misguided couple'

When Bombay high court judges pointed out that couple Mark Rebello and Sakina Khan should have married under the Special Marriage Act instead of the Hindu Marriage Act, Mark's advocate said they were misguided by the marriage 'shops'. "Marriages are solemnized here. They are giving divorces also on stamp paper. Their conduct must be deprecated by the court," he added.

Mark claimed in his petition that on June 16, 1995, he and Sakina, who got separated in 2008, had got married in church. But it did not seem to cut ice with the courts with the family court dismissing on November 10, 2011, his petition for declaration of the status of his marriage under section 34 of the Specific Relief Act.

The court reasoned that an earlier dispute between the same parties and under the same cause of action had attained finality and, hence, a fresh petition was not maintainable.

Sakina's advocate opposed the stand, saying the family court was right in dismissing his petition.



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Agencies
March 24,2020

Kochi, Mar 24: A 54-year-old domestic passenger was arrested at the airport here for allegedly refusing to follow instructions given by doctorsfor prevention of the spread of novel coronavirus, police said here on Tuesday.

Lami Arackal from Ernakulam, who landed from Chennai at the Cochin International Airport at Nedumbassery on Monday night, was arrested based on a complaint from health officials, they said.

He was, however, later released on bail.

Arackal allegedly refused to wear mask and follow other instructions to be observed by the passengers coming from other states as part of the measures to check COVID-19 spread.

He also allegedly misbehaved with the medical officers, police said.

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Agencies
July 28,2020

Noida, Jul 28: A doctor admitted at a private hospital in Noida has been accused of sexually harassing a patient in his isolation ward, where both were undergoing treatment for COVID-19, the police said.

The 20-year-old woman, in her complaint to the police, alleged that the incident took place on Monday and based on that a case was filed at the local expressway police station, they said.

A senior police official said an investigation is underway and there might be lapses on part of the hospital which allegedly admitted a man and a woman in the same isolation ward, in violation of the norms.

The woman and the doctor had tested positive for coronavirus last week, according to officials.

"The woman was in the isolation ward of the private hospital. There was a man, a medical practitioner, who too was infected with coronavirus and was sharing the ward with her," Additional Deputy Commissioner of Police, Noida, Ranvijay Singh said.

He said the woman alleged molestation and upon being informed, the police immediately lodged a case and initiated a probe into the matter.

"There appears to be some irresponsibility on part of the hospital too. We are communication with the medical departments to check whether the patients were being kept in accordance with the guidelines," Mr Singh said.

He said the accused is still in isolation but the police will reach out for his statement following due protocols of COVID-19.

"All necessary action will be taken as per the truth that will emerge after a thorough investigation," Mr Singh said.

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News Network
February 16,2020

Gorakhpur, Feb 16: Two unidentified policemen allegedly raped a 20-year-old woman in a hotel room near a railway station in Uttar Pradesh's Gorakhpur.

The incident took place on Thursday after which the woman informed her family members. The FIR was registered in the matter on Friday, police said.

A case under various sections of the Indian Penal Code (IPC) including gang rape has been registered against two unidentified police men at the Gorakhnath police station, they said.

No arrests have been made so far in this connection, the police added.

Members of various political parties including Congress, Samajwadi Party, BSP and Purvanchal Sena staged a sit-in demonstration at the office of the district magistrate (DM) demanding suspension of all staff members of the Gorakhnath police station as well as a magisterial probe into the matter.

"The girl is undergoing treatment at the district hospital. She has made serious allegation of rape by two policemen. During investigation we found that the hotel has CCTV footage and also took the statement of guard," SSP Gorakhpur, Sunil Kumar Gupta said.

"Prima facie, the woman went to the hotel room willingly with some men. However, a probe is underway and culprits won't be spared," he said.

The woman told media that both the policemen thrashed her and accused her of being involved in prostitution.

She claimed that she requested them to leave her but they beat her and raped her. Later, they asked her to go home in an autorickshaw.

The survivor also told media and investigating policemen that she will be able to identify the hotel room where the crime took place as well as the two policemen who allegedly raped her.

The woman said she runs coaching classes at her home and her father is a labourer.

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