Latest News

Loading...

Monday, May 7, 2012

CONVERSION AND MARRIAGE

- P.RAJENDRAN     www.prajendran.com

           Whether the second marriage of a Hindu husband after conversion to Islam, without having dissolved his first marriage under law would be valid?  Whether the husband would be guilty of committing the offence of Bigamy under Section 494 IPC?  Whether the second marriage would be void in terms of the provisions of Section 494 IPC?  Such questions are being raised very often.
Section 494 IPC reads as follows:  “Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine”.

The Hindu Marriage Act strictly enforces monogamy.  A marriage performed under this Act cannot be dissolved except on the grounds available under Section 13 of the Act. In that situation, parties who have solemnized the marriage under this Act remain married even when the husband embraces Islam in pursuit of another wife. Till the time a Hindu marriage is dissolved under the Hindu Marriage Act none of the spouses can contract a second marriage. Conversion to Islam and marrying again would not, by itself, dissolve the Hindu Marriage under the Hindu Marriage Act.  A second marriage of an apostate, would be illegal marriage qua his wife who married him under the Hindu Marriage Act and continues to be a Hindu. Though the marriage solemnized  by a Hindu husband after embracing  Islam may not strictly be a void marriage under the Hindu Marriage Act because he is no longer a Hindu, but between the apostate and his Hindu wife the second marriage is in violation of the provisions of the Hindu Marriage Act and as such would be non est.
The expression “void” defined under Section 11 of the Hindu Marriage Act has a limited meaning within the definition under that Section. On the other hand the same expression has a different purpose under Section 494 IPC and has been used in the wider sense. A marriage which is in violation of the provisions of law would be void in terms of the expression used under Section 494 IPC.  The real reason for the voidness of the second marriage is the subsistence of the first marriage which is not dissolved even by the conversion of the husband. The second marriage by a convert, therefore, being in violation of the Hindu Marriage Act, would be void in terms of Section 494 IPC. Any act which is in violation of mandatory provisions of law is per se void.
The conduct of a spouse who converts to Islam has to be judged on the basis of the rule of justice and right or equality and good conscience. A matrimonial dispute between a convert to Islam and his or her non Muslim spouse is not a  dispute “where the parties are Muslims”  and therefore the rule of decision in such a case was or is not required to be the “Muslim Personal Law”. In such cases the courts shall act and the judge shall decide according to justice, equity and good conscience.  The second marriage of a Hindu husband after embracing Islam being violative of  justice, equity and good conscience would be void on that ground also and attract the provisions of Section 494 IPC.
The above interpretation of Section 494 IPC would advance the interest of justice. It is necessary that there should be harmony between the two systems of law just as there should be harmony between the two communities. The result of the interpretation would be that the Hindu law on the one hand and the Muslim law on the other hand would operate within their respective ambits without trespassing on the personal laws of each other.
Much misapprehension prevails about bigamy in Islam. To check the misuse, many Islamic countries have codified the personal law, wherein the practice of polygamy  has been either totally prohibited or severely restricted. But India is a Democratic Republic.  Freedom of religion is the core of our culture. Even the slightest deviation shakes the social fibre.  Article 25 of the Constitution of India guarantees religious freedom whereas Article 44 seeks to divest religion from social relations and personal law.  Marriage, succession and like matters of a secular character, cannot be brought within the guarantee enshrined under Articles  25 and 26 of the Constitution of India.  The personal law of the Hindus such as relating to marriage, succession and the like have all an origin in the same manner as in the case of the Muslims or Christians. The Legislation – not religion – being the authority under which personal law was permitted to operate and is continuing to operate, the same can be superseded /supplemented by introducing a uniform civil code for all the citizens in the territory of India. The successive Governments till date have been wholly remiss in their duty of implementing the constitutional mandate under Article 44 of the Constitution of India, namely, “endeavour to secure for the citizens a uniform civil code throughout the territory of India”

12 comments:

  1. Sir, i am a muslim girl, love married with a hindu nair boy. He converted to islam as the wîsh of my parènts for the acceptance of marriage. I have not registered my marriage as i was 17 years old.only have a certificate from the mosque as per muslim marriage. Is that sufficient document as per legal marriage? Plz reply sir.

    ReplyDelete
    Replies
    1. There is no any issue for converting your religion after marriage in India. As a culture of India, after marriage you will be Hinduism but no one have any rights to tell for converting your religion. You have full freedom to select your religion.

      LAPD corruption

      Delete
  2. I am hindu and loved hindu married boy. we both want to marry but now his wife is not ready to give him divorce so can we both converted in to islam and can we marry with each other?
    plz reply

    ReplyDelete
  3. Sir, i am a boy love married with a hindu girl as Islamic roules (nakah) bfore 1.5 year . but now she does not want to live with me so she went court with the ground that she did not convert in islam & I m hindu still so the nikah is un valid according to islam so here should be dissolution of my marriage.I have not registered my marriage but nikah naama & videoof nikah is available. that sufficient document as per legal marriage? plz

    ReplyDelete
  4. Nice post !! What a thing do marriage and when your heart full of this marriage then do break up.Why people consider marriage is a game.
    ___________
    Top astrologer in india

    ReplyDelete
  5. Makemylove.com, India's leading matrimonial portal site strive hard to provide you the perfect match with a touch of tradition from a wide array of community, caste, city and much more for the global Indian community you can find your life partner with help of makemylove
    indian matrimonial

    ReplyDelete
  6. Your blog is very nice. Best way to meet your life partner in easiest way. Indians wedding made EASY - Shaadisankalp.com. Our services extend to all the major communities.

    chennai matrimonial | matrimonial sites in andhra pradesh

    ReplyDelete
  7. Fertility Rituals

    Marriage is one of the biggest fertility rituals Known in Indian culture. When two people get married. they are said to enter grihasta ashram where they are expected to bear children. satify their sexual urge, earn money and follow religious practices. Hindu marriages profess the idea of coming together of the energies and paving way to a new creation.

    Offering of Grains

    Throughout India, one thing that remains common to all communities is offring of grains in wedding ceremony. Mostly rice, puffed rice or whole grains, these grains are fed to the sacred fire in different ceremonies.

    Importance of Shiva's Bael leaves

    Holy Bael leaves are proffered in several ceremonies before the wedding and after it. In many communities in india, before the wedding day arrives, Bael leaves are placed in earthen pots which are topped with different kinds of cereals. After the wedding, the sprouted seedlings are then released in a flowing river or a pool. This ritual is performed to invoke blessings of Lord Shiva upon the married couple and pray for their progeny.

    Vishnu's pious Lotus

    As per mythology, at the time of creation of the universe, while lord Vishnu was pondering over the creation of mankind, a pious lotus rose out of his navel. On that lotus was seated Lord Brahma who paved way to the creation and illumination of the universe. Thus, lotus remains symbolic of procreation, birth and fertility. It is Therefore, offered during wedding puja to the gods to confer potency upon the couple. Also, At the time of a Hindu wedding, the bride and the groom are given the stature of Goddess Lakshmi and Lord Vishnu because they represent the eternal companionship and exemplify how a relationship between husband and wife should be.

    Nose ring

    Usually seen as a piece of accessory, almost all brides sport nose ring on their wedding day. In some communities, girls are told to get their nose pierced before they tie the knot.

    Sacred coconut rituals

    Across India, since time immemorial coconut has enjoyed its association with human fertility in a sacrosanct manner. In Gujarat, there is a ritual of bride presenting a coconut in a customary way to the groom at the time of the marriage. Here coconut is symbolic of the progency of the couple that the bridegifts the groom. Of all the fruits, coconut is most closely related to human skull because of the three marking on its base that resemble human facial features.

    The mantras of virility

    During saat pheras in a Hindu marriage, there are several mantras that are chanted for progency of the couple. While the first phera is for a long lasting companionship, in the second Phera, "Kutumburn rakshayishyammi sa aravindharam", the bride promises the groom that she will fill his with love and will bear children of him.

    The History

    There was a time when potency was considered as the be all and all of all activities. The earliest ritual of fertility among Hindus can be dated back to the Harappan civilization where it has been discovered that people worshipped clay figurines of a mother goddess who represented fertility. Several phallic symbols representing gods in sitting position wearing bull's horns (Bull being a universal symbol of male potency) have also been found at the sites of indus Valley Civilization. As the world evolved and ancient civilizations paved way to the modern societies, marriage started being considered as a mandatory ceremony before women could conceive. Also, the idea of marriage was propelled by the thought of having the family legacy move ahead; so that families could get heirs.

    ReplyDelete
  8. sir,
    i am a muslim.i married hindu boy.now we have a female kid as three years old.she gets ready to go school.but we want our child has no religion & caste.Is it any possible to get my child has a certificate as "no religion and caste"

    ReplyDelete
  9. Hi every one,
    I am very happy to contact to Shaadimeri why because they had provide quality Matrimony,Shaadi, Marriage,Matrimonial,wedding planner services are good and superb and excellent.
    best matrimonial sites in bangalore

    ReplyDelete
  10. i love so much indian girl but i am from other country. so is it possible to merry her for me.

    ReplyDelete
  11. Hello there, the information u provided is extremely useful tips and beautiful blog. I really appreciate your post.Thank you once again.
    Matrimonial Services in Chandigarh

    ReplyDelete