Sunday, July 31, 2011

Hindu cousins can get married after converting to Christianity: Delhi High Court

The Delhi High Court has said that cousins born in Hindu community can get married each other after converting to Christianity. Delhi High Court gave this order after dismissing a plea of a retired judge against his magistrate son who married his maternal uncle's daughter after conversion.
"Respondents (couple) have rightly converted as per the Section 3 of the Indian Christian Marriage Act. Therefore, after conversion into Christianity the marriage does not fall under the 'sapinda' relationship (which is prohibited under the Hindu Marriage Act)," said Justice Suresh Kait while upholding the marriage.
Pulling up the father for filing case against his son, the high court recently said, "This type of thinking is spoiling the broad thinking of new generation and at times it leads to honor-killing.”
"If the courts start supporting this type of issues, they would amount to support the “khap Panchayat” dictat. The courts are not meant to gratify the feelings of personal revenge or vindictiveness or to serve the ends of a private party."
The court imposed a cost of Rs 10,000 on O P Gogne for filing "frivolous case" against his son who is a sitting magistrate in a city court.
"The petitioner (O P Gogne) being a retired judicial officer should have been more careful while involving in such type of frivolous case. Thus, he has unnecessarily wasted the time of the courts," Kait said and asked him to deposit the money Rs 10000 with the Advocates Welfare Fund, Bar Council of Delhi.
The court said the magistrate (O P Gogne’s son) has not committed any offence, being a government servant. 
O P Gogne has filed a case challenging the sessions court's April 20 order rejecting his plea against his son alleging that he being a government servant had procured a certificate for marriage by giving false declaration.
The so Gogne’s son had converted to Christianity along with his would-be bride and got married at St Thomas Baptist church, Civil Lines, Delhi in November 2009.
The father O P Gogne went to a magisterial court, seeking his son's prosecution for marrying his first cousin by misusing the provisions of Indian Christian Marriage Act, 1872. But the magisterial court dismissed his plea, and then he moved to the sessions court which has given the same decision.
At the sessions court, the father argued that mere conversion to Christianity only few days before the marriage did not ensure his son as an Indian Christian under the Indian Christian Marriage Act, 1872.
Responding to Gogne’s arguments, the court had said that it is not the logical interpretation of the expression 'Indian Christian'.

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