A Hindu girl of Indian Hindu parents marries a American Christian boy (girl & boy both US citizens). Both got married in California & settled there with two kids. The girl is entitled to a share in her ancestral HUF property in India. The partition suit is sub judice in Delhi high court. The defendant, her own brother & his wife is trying to hamper justice. They not only feigned ignorance of the HUF documents submitted with the suit, but raising an objection that she's converted to Christianity upon marrying a Christian (which is false) & thus not covered under HINDU SUCCESSION ACT. Both, the girl and boy are extremely understanding and never had any problem with each other's faith or religion. What should be the next legal step to counter this claim. Few facts:- 1. She got married in a Hindu ceremony and none of them converted their religion. (Pictures supplied). 2. She uses husband's family name and her maiden first name. 3. She never went to churches nor believes in Christianity. 4. There never was nor is a compulsion on her to convert. 5. The Hindu wedding was performed by Hindu priestess in a private ceremony attended by family, close relatives & friends of both sides. Is she now a Christian just because she uses her husband's last name? How can she prove otherwise? They didn't marry under SMA either.
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1. If she is not converted then she does not incur any disqualification. Mere adoption of husband's surname by wife as her surname is not conversion. Conversion is an affirmative act which has to be proved through cogent documentary evidence by the one who alleges that you have converted. It is a lame plea which is going to be rejected by the High Court in due course of time.
2. The onus to prove your conversion is on them.
1) for valid marriage under HMA both parties have to be Hindus
2) your marriage under HMA could not have been solemnsided unless your husbnd converted into Hinduism
3) she would not be christian merely because she uses husband surname
4) you have to prove that husband had converted into Hinduism and that you never converted into chrsitanity after marriage
Thank you Mr. Davessar! That's what the high court lawyer is suggesting too. After the documentary evidence she submitted (marriage pictures), there is nothing more can be provided. Onus of proof for this alleged conversion is on defendants. Thank you Mr. Sethi! 1) for valid marriage under HMA both parties have to be Hindus If he did not convert to Hinduism, will this marriage be considered INVALID in INDIA and what would be girl's religion in this scenario? Will she be a Hindu again or of undecided faith/religion? 2) your marriage under HMA could not have been solemnsided unless your husbnd converted into Hinduism. If not under Hinduism, what is the status of such marriage (arya samaji or similar or not valid). The girl and her husband are okay with any status as long as they are married and are accepted under American regulations as a married couple. 3) she would not be christian merely because she uses husband surname 4) you have to prove that husband had converted into Hinduism and that you never converted into chrsitanity after marriage Husband & wife never converted at any point of time till now. How can she prove it? I believe that at the most her married status will not be accepted by Indian courts. Her marriage is not covered under SMA or Hinduism. So will she be considered still a maiden? I am referring to the below mentioned article in Times of India ------------------------××--------------------------- Hindu-Christian marriage invalid under Hindu Act: SC PTI | Dec 6, 2008, 07.05PM NEW DELHI: Marriage between a Hindu and a Christian is invalid under the Hindu Marriage Act, as the Act provides for only Hindu couples to enter into a wedlock, the Supreme Court has ruled. A Bench of Justices Altamas Kabir and Aftab Alam upheld the judgment of the Andhra Pradesh High Court which nullified a marriage, after the wife, Bandaru Pavani, a Hindu, claimed that her husband, Gullipilli Sowria Raj a Christian, had misled her by pretending to be a Hindu and married her at a temple."" --------------------------------××-----------------------
1) if your husband did not convert into Hinduism marriage solemnised as per Hindu Vedic rites is a not legally valid
2) marriage is not valid in India.
3)testimony of pandit who solemnised marriage would be evidence as to whether boy had converted into Hinduism
4) since boy did not convert marriage status would not be accepted by courts in India
5) since girl has never converted she continues to be a Hindu
Is she now a Christian just because she uses her husband's last name?
How can she prove otherwise? They didn't marry under SMA either.
Since they married by the laws of US, they cannot be subjected to Indian Marriage laws for any purpose.
Just because she married a foreigner or a Christian, her birth status cannot be changed nor her legal entitlement to a rightful share in her ancestral/HUF property can be deprived.entitled
Her brother is wrong to say that (even if she is converted to Christianity) she cannot be entitled to a legitimate share in her parents/ancestral property.
Her brother is not an authority or law to decide about her rights in the property.
He would be trying to embarrass her and trying to put pressure on her so that she will run away from the contest and he can easily grab the entire property by his cunning sentimental attacks or tactics
She is entitled to a share in the property, hence let she not give up her rights under any pressure.
