Marriage – Artifex.News https://artifex.news Stay Connected. Stay Informed. Tue, 18 Jun 2024 11:24:05 +0000 en-US hourly 1 https://wordpress.org/?v=6.6 https://artifex.news/wp-content/uploads/2023/08/cropped-Artifex-Round-32x32.png Marriage – Artifex.News https://artifex.news 32 32 Thailand passes marriage equality bill, a first in Southeast Asia https://artifex.news/article68303353-ece/ Tue, 18 Jun 2024 11:24:05 +0000 https://artifex.news/article68303353-ece/ Read More “Thailand passes marriage equality bill, a first in Southeast Asia” »

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A picture showing Vorawan “Beaut” Ramwan and Anticha “An” Sangchai wearing wedding dresses in a Pride parade is seen at their house during an interview with Reuters. File
| Photo Credit: Reuters

Thailand’s Senate passed the final reading of a marriage equality law on June 18 , paving the way for it to become the first country in Southeast Asia to recognise same-sex couples.

The bill comes after more than two decades of effort from activists and politicians, after previous drafts did not reach parliament.

With the support of nearly all lawmakers in the Upper House, the law next needs royal approval. It will come into force 120 days after it is published in the royal gazette.

LGBT advocates called the move a “monumental step forward,” as Thailand would be the first nation in Southeast Asia to enact marriage equality legislation and the third territory in Asia, after Nepal and Taiwan.

“We are very proud to make history,” said Plaifah Kyoka Shodladd, member of a parliamentary committee on same-sex marriage.

“Today love triumphed prejudice,after fighting for more than 20 years, today we can say that this country has marriage equality.”

Lawmakers and activists were seen celebrating in Thailand’s parliament, waving rainbow flags and smiling, with some raising their fists in solidarity with the LGBT community.

Thailand, one of Asia’s most popular tourist destinations, is already known for its vibrant LGBT culture and tolerance.

At the start of June, thousands of revellers and activists paraded through the streets of Bangkok and were joined by Prime Minister Srettha Thavisin, who wore a rainbow shirt to celebrate Pride Month.

“This would underscore Thailand’s leadership in the region in promoting human rights and gender equality,” the Civil Society Commission of marriage equality, activists and LGBTQI couples said in a statement.



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Cheating Case, Marriage, False Marriage Promise, Supreme Court: Marriage Proposal “Not Reaching Desired End” Not Cheating: Supreme Court https://artifex.news/cheating-case-marriage-false-marriage-promise-supreme-court-marriage-proposal-not-reaching-desired-end-not-cheating-supreme-court-5142497rand29/ Wed, 28 Feb 2024 07:25:54 +0000 https://artifex.news/cheating-case-marriage-false-marriage-promise-supreme-court-marriage-proposal-not-reaching-desired-end-not-cheating-supreme-court-5142497rand29/ Read More “Cheating Case, Marriage, False Marriage Promise, Supreme Court: Marriage Proposal “Not Reaching Desired End” Not Cheating: Supreme Court” »

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Woman said her father had booked a marriage hall (Representational)

New Delhi:

The Supreme Court recently dismissed a cheating case against a man who did not go through with a wedding after talks with the woman’s family.

“There can be multiple reasons for initiating a marriage proposal and then the proposal not reaching the desired end,” Justices Sudhanshu Dhulia and Prasanna B Varale said while cancelling a case against Raju Krishna Shedbalkar.

Raju Krishna Shedbalkar had approached the Supreme Court against a 2021 Karnataka High Court order that held him guilty of cheating under Section 417, which entails a jail term of up to one year or fine, or both.

“Time and again, this court has reiterated that in order to make out an offence under cheating the intention to cheat or deceive should be right from the beginning. By no stretch of imagination, this is even reflected from the complaint made by the informant,” the Supreme Court said.

A case was registered against Raju Krishna Shedbalkar, his brothers, sister and mother based on a complaint filed by a woman who alleged that he had cheated her by not marrying her.

The woman alleged that her family had found Mr Shedbalkar suitable for her, and both had started talking to each other.

She said her father had also paid Rs 75,000 to book a wedding venue, but she learnt that Mr Shedbalkar had married someone else.

The Karnataka High Court had dismissed the case against all the accused, except Mr Shedbalkar. The High Court noted since he had “induced the woman’s father to book a marriage hall, there is prima facie material which makes out a case”.

Overturning that decision, the Supreme Court said there was no evidence to prove that the man had any intention to cheat the woman. “It is possible theoretically yet in order to prove an offence of cheating in such cases prosecution must have reliable and trustworthy evidence in order to first prosecute such a case. There is no such evidence before the prosecution and therefore no offence under Section 417 is also made out,” the judges said.



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Hindu Marriage Is Invalid Without Rituals: Allahabad High Court https://artifex.news/hindu-marriage-is-invalid-without-rituals-allahabad-high-court-4450842rand29/ Wed, 04 Oct 2023 17:49:55 +0000 https://artifex.news/hindu-marriage-is-invalid-without-rituals-allahabad-high-court-4450842rand29/ Read More “Hindu Marriage Is Invalid Without Rituals: Allahabad High Court” »

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Prayagraj:

Observing that a Hindu marriage is not valid without ‘Saptapadi’ ceremony and other rituals, the Allahabad High Court has quashed the proceedings of a case where a man alleged that his estranged wife had solemnised second marriage without divorcing him. 

Allowing a petition filed by Smriti Singh, Justice Sanjay Kumar Singh observed, “It is well settled that the word ‘solemnize’ means, in connection with a marriage, to celebrate the marriage with proper ceremonies and in due form. Unless the marriage is celebrated or performed with proper ceremonies and due form, it cannot be said to be solemnized.”

“If the marriage is not a valid marriage, according to the law applicable to the parties, it is not a marriage in the eyes of law. The ‘Saptapadi’ ceremony under the Hindu Law is one of the essential ingredients to constitute a valid marriage but the said evidence is lacking in the present case,” the court said in a recent order.

The court also relied on the section 7 of Hindu Marriage Act, 1955, which provides that a Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. Secondly, such rites and ceremonies include the ‘Saptapadi’ (taking seven steps by groom and bride jointly around the sacred fire), which makes the marriage complete and binding when the seventh step is taken.

While quashing the summoning order dated April 21, 2022 and further proceedings of complaint case pending before a Mirzapur court against the wife, the petitioner, the court said, “Even there is no averment with regard to ‘Saptapadi’ in the complaint as well as in the statements before the court, hence, this court is of the view that no prima-facie offence is made out against the applicant as the allegation of second marriage is a bald allegation without corroborative materials”.

The wedding of petitioner Smriti Singh was solemnized with Satyam Singh in 2017 but due to acrimonious relations, she left the house of in-laws and lodged an FIR alleging harassment for dowry. After investigation, the police submitted a charge sheet against the husband and in-laws. 

Later, Satyam gave an application to higher police officials making allegation of bigamy against his wife. The said application was thoroughly investigated by the circle officer Sadar, Mirzapur and allegations of bigamy against Smriti was found to be false. 

Thereafter, Satyam filed a complaint case on September 20, 2021 against his wife making allegations inter-alia that she had sanctified her second marriage. The magistrate concerned of Mirzapur on April 21, 2022 summoned Smriti. Hence she filed the present petition before the high court challenging the summoning order and the entire proceedings of complaint case. 

The counsel for the petitioner-wife contended that aforesaid complaint and summoning order is nothing but a counter-case against applicant on account of FIR lodged by her against Satyam’s family members.

(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)



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