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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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News Network
July 19,2020

Thane, Jul 19: A 34-year-old man was arrested on Saturday for allegedly killing his wife after picking up a fight as he did not like the food she cooked, Thane police said.

Sachin Godane, a resident of Gaikwad Pada in Ambernath, locked his two children and an aunt in one room of the house on Friday afternoon and brutally beat up his wife Chandrakala (28) with a log and then strangled her, said Assistant Inspector JB Bhoyer of Shivajinagar police station.

Godane has been remanded in police custody for four days, he added. 

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News Network
July 5,2020

Bhubaneswar, Jul 5: Odisha Police have arrested five persons including groom for gross negligence and violation of COVID-19 guidelines during his marriage procession in Berhampur.

"A case has been registered for violation of COVID-19 guidelines for organising a marriage procession with more than 50 guests in the premises of a hotel. They disregarded the compulsory use of mask and flouted social distancing norms," DIG Central Zone Satyabrata Bhoi said.

The incident happened on July 2.
"The case has been registered at Gopalpur PS under section 188/269/270 IPC, R/W Sec- 3 Epidemic Disease Act, and 34 IPC. Two vehicles used in the procession have also been seized. the arrested persons will be produced in the court," he added.

The District Collector has sealed the hotel for violating the COVID-19 norms.

Following the incident, the Chief Minister's office tweeted: "Odisha is in a crucial phase in the fight against COVID-19, hence, it is very essential that we all obey guidelines and regulations issued by State Government to contain the spread of COVID-19. Violation of the same would lead to strong action." 

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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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