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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Agencies
January 8,2020

Muzaffarpur, Jan 8: There is no evidence of murder of children in Bihar's Muzaffarpur shelter home, the CBI on Wednesday told the Supreme Court.

The probe agency told the apex court that two skeletons were recovered from the home's premises which were later, in forensic investigation, found to be of a woman and a man.

A bench headed by Chief Justice S A Bobde accepted the status report of the CBI and allowed two officers to be relieved from the investigation team.

Attorney General K K Venugopal, appearing for the probe agency, said investigation was done on allegations of rape and sexual assault of children and charge sheets have been filed before the courts concerned.

Venugopal said the children, who were alleged to have been murdered, were later traced and found to be alive.

He said the CBI has investigated cases of 17 shelter homes in Bihar and charge sheets have been filed in 13 of them, while in four cases the preliminary inquiry was conducted and later closed as no evidence of any wrongdoing was found.

The probe agency, in its status report filed on Monday, said no incriminating evidence proving commission of any criminal offence could be gathered in four preliminary enquiries and as such no FIR has been registered.

The CBI had also said the Bihar government has been requested to take departmental action and action of cancellation of registration and blacklisting of concerned NGOs by providing them the result of investigation, i.e., the CBI report.

Several girls were allegedly sexually and physically assaulted at a shelter home run by an NGO in Bihar's Muzaffarpur. The issue had come to light following a report by the Tata Institute of Social Sciences (TISS).

Following the report, a petition was filed in the apex court seeking lodging of an FIR and court-monitored probe by an independent agency into the allegations.

The plea filed by journalist Nivedita Jha through advocate Fauzia Shakil has sought "registration of FIR and independent investigations or court monitored probe into the affairs of these 14 (other) shelter homes in Bihar mentioned in the TISS report".

The apex court had directed the CBI to probe the offences under the Information Technology Act regarding the video recordings of the alleged assault on girls at the shelter home.

It had also directed the agency to investigate the role of "outsiders who were involved and facilitated the sexual assaults on the inmates", after administering them intoxicants and also against those who allegedly indulged in trafficking of girls from the shelter home.

The apex court had earlier directed the CBI to complete its probe into the alleged murder of 11 girls at the shelter home and asked it to file a status report.

The SC had transferred the case from Bihar to a Protection of Children from Sexual Offences (POCSO) court in Saket District Court complex in Delhi.

Earlier, the top court had directed the CBI to conduct a probe into allegations of physical and sexual abuse of inmates in 16 other shelter homes in Bihar which were flagged in the TISS report.

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News Network
June 10,2020

Jun 10: In a suspected case of honor killing in Telangana, a 20-year old woman was allegedly smothered to death by her parents for being in love with a man from another caste, becoming pregnant and refusing to undergo an abortion, police said on Tuesday.

The parents killed their daughter using a pillow while she was asleep in the early hours of June 7 in their house in Kalukuntla in Jogulamba-Gadwal district and sought to project it as natural death, claiming she died of a heart attack.

However, following specific information and suspicion raised by the village secretary over the death of the woman, a college student, a probe was launched and the couple arrested on charges of murder under Indian Penal Code section 302 after post-mortem, police said.

The parents decided to kill the woman, the youngest of their three daughters, a day after she was found pregnant and refused to undergo an abortion, police said.

The woman had fallen in love with the man while pursuing her degree course in Kurnool district in neighboring Andhra Pradesh and informed her parents about it after she was found pregnant during an examination by a doctor. Her parents feared that their daughter may elope with her lover and brought pressure on her to go for abortion.

Though initially, she agreed, later she declined, following which they killed her and told everyone that their daughter died of heart attack, the police official said. When a police team went to their house and insisted on a post-mortem after noticing some marks on her body indicating a struggle, the parents tried to stop it, saying there was no need.

Later, police shifted the body to a hospital where a post-mortem revealed the woman was "throttled to death". Her parents during interrogation confessed to killing their daughter, the official said, adding they were arrested.

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News Network
May 19,2020

Bareilly (UP), May 19: Samajwadi leader Chhotelal Diwakar and his son, Sunil Diwakar, were shot dead in broad daylight in Sambhal district of Uttar Pradesh on Tuesday. The entire incident was caught on camera.

The murder was apparently a fallout of a dispute over laying of a road under MGNREGA.

Chhotelal Diwakar had contested the 2017 assembly elections on a Samajwadi Party ticket.

Superintendent of Police, (SP), Sambhal, Yamuna Prasad, said, "Some work was being carried out under MGNREGA due to which some dispute happened. Two people have been shot dead. We will reach the spot of the incident to find more details."

According to his family members, Diwakar and his son had gone for a walk in the fields when the assailants came on a motorbike and after a brief altercation, shot them dead. They fled on foot, leaving their motorbike behind.

A large number of SP workers reached the village soon after the news of the double murder spread.

SP Yamuna Prasad who reached the spot that falls under Behjoi police station, soon after the murders, said that a manhunt has been launched for the assailants. He said that further investigations were underway and the bodies have been sent for post mortem.

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