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.
News Network
June 17,2020

Moradabad, Jun 17: Two children died after they accidentally got locked inside a car while playing in Uttar Pradesh's Moradabad, the police said.

Four children, aged between 4 and 7 years, locked themselves inside the car while playing and were found unconscious soon after, the police added.

"All four children were found unconscious in a car and they were taken to the hospital. Two of them died and the other two are undergoing treatment at the hospital," said Amit Kumar Anand, superintendent of police (city) Moradabad.

The children were related to each other, the police said.

The man who owns the car said the children had locked themselves inside. "When we reached, the children were in an unconscious state. Two of the four children died. The incident occurred around 8 am."

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
July 2,2020

Tuticorin, Jul 2: The Crime Branch-Crime Investigation Department (CBCID) of Tamil Nadu police have arrested five policemen working in Sathankulam police station in Tuticorin district for the murder of P. Jeyaraj and his son J. Bennicks, officials said.

The CBCID also altered the first information report (FIR) registered on the death of Jeyaraj and Bennicks as a murder case from the earlier charge of suspicious death.

The five arrested policemen are: Inspector Sridhar, Sub-Inspectors Balakrishnan and Raghu Ganesh, Head Constable Murugan and Constable Muthuraj.

Ganesh was remanded to custody till July 16 on late Wednesday.

According to Inspector General CBCID Shankar, 12 teams have been formed to carry out the probe into the custodial death of father and son Jeyaraj and Bennicks.

Jeyaraj and Bennicks had been booked for not closing their mobile shop in time on June 19 by the Sathankulam police. They were sent to judicial custody and lodged in Kovilpatti jail on June 21.

Jeyaraj died on June 22 night and Bennicks on June 23 morning in judicial custody, allegedly due to the police torture.

The Madras High Court Bench in Madurai which took up the case suo moto had said there was prima facie evidence to register a murder case against the Sathankulam police officials.

The Kovilpatti Judicial Magistrate M.S. Bharathidasan who was asked to inquire into the case of brutal torture of AJeyaraj and his son Bennicks by the Sathankulam police on June 19 and their subsequent deaths had submitted is report to the High Court.

A woman police constable Revathy, at the Sathankulam police station, in her deposition before Bharathidasan had said that Jeyaraj and Bennicks were beaten with batons throughout the June 19 night.

According to Bharathidasan's report, Revathy also said the victims' blood stains were on the batons of the station police officials and on tables.

She said the batons and the tables should be secured so that the evidence is not lost, the report stated.

Expressing fear that she may be targeted later, Revathy was initially reluctant to sign a printout of her statement but later on being assured of her safety she signed the document.

The court also transferred the probe into the deaths of Jeyaraj and Bennicks to the Crime Branch Crime Investigation Department (CBCID) to gather and protect the evidence till the case is handed over to the Central Bureau of Investigation (CBI).

The High Court has initiated criminal contempt cases against three police officials - Additional Superintendent of Police Kumar, Deputy Superintendent of Police Prathapan and constable Maharajan - for their behaviour at the Sathankulam police station in front of Magistrate Bharathidasan.

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
May 25,2020

Hyderabad, May 25: Indicating foul play in the death of nine people, including six of a family, whose bodies were fished out from a well near Warangal, a forensic expert on Sunday virtually ruled out suicide theory, saying it appeared seven of them had been dragged and thrown into the water body.

Mystery shrouded the death of nine people, including six of a family, whose bodies were found in a well, five of them on Friday and four on Thursday, on the outskirts of Warangal in Telangana.

Police stepped up the probe and forensic analysis was also underway in the case.

The forensic expert, who visited the crime scene as part of the investigation citing preliminary tests, said that the seven of nine people had scratch injuries and appeared to have been "dragged" and "thrown" into the well.

Forensic reports are expected in 10 days, the forensic expert told media on Sunday adding after examining the crime scene it appears that the deaths were not suicides.

"We have preserved all organs and the same were sent to forensic science laboratory (FSL) for examination... some two or three persons might have been involved in the crime. There are scratch injuries on the bodies," he said.

"It appears that they were thrown into the water... There were no injuries on the child's body. We are awaiting the forensic report (to ascertain) whether they were poisoned. It didn't appear as if they committed suicide," the expert, who performed the post-mortem said.

Police sources said at least two people were picked up for questioning.

Bodies of the head of the family, wife, daughter and three-year old grandson were found floating and fished out on Thursday.

On Friday morning, some bodies were seen floating following which police pumped out the water from the well and found others.

The 48-year old man had migrated from West Bengal over 20 years ago and had settled down here. His family had been staying in two rooms on the premises of the unit, police had earlier said.

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.