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.



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News Network
June 27,2020

Guna (MP),  Jun 27: A 20-year-old woman was arrested for allegedly eloping with her minor partner and "marrying" her at Guna town in Madhya Pradesh, police said on Saturday.

The matter came to light, when a resident of Budhe Balaji area approached the Kotwali police station on Monday with a complaint that his 17-year-old daughter had gone missing, additional superintendent of police T S Baghel said.

On investigation, it was found that a relative from a village Shivpuri district, who was living with the family, was also missing, he said.

A team was sent to the village and the duo was caught on Friday, the official said, adding that the woman had married the minor, who claimed that she had eloped of her own volition.

The woman was arrested under relevant sections of the Indian Penal Code and Protection of Children from Sexual Offences (POCSO) Act, while the minor was sent back to her family after counselling.

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Agencies
July 25,2020

Tikamgarh, Jul 25: Promise of providing housing to the poor has been made by both Centre as well as State governments but a Dalit family in Tikamgarh district of Madhya Pradesh is forced to live in a toilet for the last several years.

However, the administration denied that the family is living in the toilet.

Maganlal Ahirwar, his wife and four children live in Keshavgarh Gram Panchayat of Mohangarh area of Tikamgarh district. All of them have been living in the toilet for four years. Ahirwar's wife Phula Devi said she told the authorities several times that her family didn't get house under the Pradhan Mantri Awas Yojana, but no one listened. The couple even got their daughter married in the same toilet.

They even got an electricity connection and gas connection under the Ujjwala scheme.

Mohangarh tehsildar Dr. Abhijeet Singh told media persons, "I got to know about the case and have asked for the report. Maganlal Ahirwar came to the office two-three days ago and denied that he was living in the toilet with his family. He has an ancestral house in the village."

He might have lived in a toilet earlier but currently he is not living there, Dr. Singh added.

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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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