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

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.



Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
March 26,2020

Puducherry,Mar 26: Congress legislator from Kamaraj Nagar constituency John Kumar has been booked on charges of violating lock-down rules, Lt Governor Kiran Bedi said on Thursday.

In a Whats app posting she further said that an FIR has been registered under the Disaster management Act.

She stated John Kumar in an irresponsible manner allowed more than 200 people to gather outside his house and distributed doles personally when lock down was enforced in the country.

A criminal case has been registered against him for blatant violation of law despite mass information and media messages.Instead of following the law, he chose to violate it,she further stated.

The LG added that as per the ground report by IGP Surendra Yadav, there was perceptible improvement in enforcement of lock down and public were aware and cooperative.Vehicles carrying essential supplies and personnel were moving and every day is an improvement.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
March 7,2020

Palghar, Mar 7: Police have arrested a man for allegedly cheating several shopkeepers in Maharashtra's Thane, Pune and Nashik by making phone calls in a woman's voice, police said on Friday.

The accused, Shashikant Ambekar (42), a resident of Palghar, was arrested in the last week of February, they said.

"He used to note down the phone numbers mentioned on different shops and call the owners in a woman's voice to order some things from them. He would tell them that he had a Rs 2000 currency note and needed change," an official said.

"He would ask the shopkeepers to send smaller denomination notes for exchange. He would wait at the entrance of buildings and when the delivery man arrived, he used to tell that he was there on behalf of the ''caller woman''.

"He would then take the currency notes from the delivery man saying he would get the Rs 2,000 note from the woman. However, he would disappear from the scene," the official said.

Police have seized Rs 1,85,000 from the accused and found that so far he has committed 22 similar crimes in different parts of the state.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
January 18,2020

New Delhi, Jan 18: Two men accused of kidnapping and brutally raping a five-year-old girl in Delhi in 2013 have been held guilty by a court in the national capital today. The POCSO court, which will announce the quantum of punishment on January 30, said, "In our society the minor girls are worshipped as goddess on certain occasions but in the present case the victim child had experienced exceptional depravity and extreme brutality."

"The crime against the victim was committed in a most grotesque and revolting manner and the collective conscience of the community was shaken," the court added while holding the accused - Manoj Shah and Pradeep Kumar - guilty.

The assault which took place just four months after Nirbhaya's brutal rape had grabbed headlines with its shocking details. The girl, who was named Gudiya by sections of the media, went missing and the police told her parents to look for her themselves. She was found two days later, tied in the basement of the east Delhi house she lived in with traces of candles and bottles inside her private parts.

The convicts had fled after raping Gudiya and shoving a candle and bottle inside her private parts, leaving her at Manoj Shah's room, after believing the five-year-old to be dead. The child was rescued 40 hours later on April 17, 2013.

Manoj Shah and Pradeep Kumar were arrested by Delhi police separately from Muzaffarpur and Darbhanga in Bihar respectively in 2013. The charge sheet was filed on May 24 that year and charges were framed by the court on July 11. But, it took more than five years to complete the recording of the statement of 57 prosecution witnesses in the POCSO court.

"Though the trial should have been completed in two years, we are happy we got justice," said the father of the girl.

One of the convicts, Manoj Shah, allegedly assaulted some reporters while being taken out of the courtroom.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.