Spouse Sponsorship from India-Attn Leon

[chandraseve]

My name is Evert and I'm being sponsored by my husband, who is a Canadian PR. We got married in June, 2010 and filed our application by August 2010. The file was transferred to the Indian New Delhi office on October 1, 2010. Now, the issue is that there have been two queries since the file has reached New Delhi-both regarding my religion. I'm Catholic by birth while my husband is a Hindu. We had thought that regardless of the religion that the marriage rites followed, it was ultimately the marriage license that mattered. But, our immigration officer keeps bringing up our different religions, specifically because we got married under Hindu rites. He states this because there is something called the Hindu marriage act under which two Hindus can get married but the two spouses cannot be from different religions. But when the registrar at the government office issued our license, they didn't bring this up and issued our license. In their first query, I was asked what religion I follow and formally, on paper, I am Catholic(although I don't quite follow it that religiously) but I follow Hindu traditions as well, as my Mom is Hindu. We now have another query which questions the validity of our marriage if I indeed follow Christianity. What can we do to solve this problem and what ideally should be our response to their query?

 

[PMM]

Hi

My name is Evert and I'm being sponsored by my husband, who is a Canadian PR. We got married in June, 2010 and filed our application by August 2010. The file was transferred to the Indian New Delhi office on October 1, 2010. Now, the issue is that there have been two queries since the file has reached New Delhi-both regarding my religion. I'm Catholic by birth while my husband is a Hindu. We had thought that regardless of the religion that the marriage rites followed, it was ultimately the marriage license that mattered. But, our immigration officer keeps bringing up our different religions, specifically because we got married under Hindu rites. He states this because there is something called the Hindu marriage act under which two Hindus can get married but the two spouses cannot be from different religions. But when the registrar at the government office issued our license, they didn't bring this up and issued our license. In their first query, I was asked what religion I follow and formally, on paper, I am Catholic(although I don't quite follow it that religiously) but I follow Hindu traditions as well, as my Mom is Hindu. We now have another query which questions the validity of our marriage if I indeed follow Christianity. What can we do to solve this problem and what ideally should be our response to their query?

You should be prepared for a refusal, as it likely the marriage is not valid. Section 2(1)(c) of the Hindu Marriage, states that it doesn't apply to Christians. Here is a ruling from the Appeal division.

"The visa officer noted that marriages in India are governed by the Hindu Marriage Act, 1955 and that the appellant and applicant registered their marriage with marriage officials in India under the provisions of the Hindu Marriage Act, 1955.[4] As noted in the refusal letter,[5] the Hindu Marriage Act, 1955 applies to persons who are “Hindu by religion”.[6] The foreign legislation also provides that “…any person who is a Buddhist, Jaina or Sikh by religion”[7] is also within the purview of the legislation. Of relevance to this case, however, is the fact that subsection 2(1)(c) the Hindu Marriage Act, 1955, specifically states that it does not apply to “Christians”.[8] The visa officer also submitted that the registration of a marriage under the Hindu Marriage Act, 1955 does not make the marriage valid if it is otherwise invalid.[9]

[6] The applicant identified the appellant as a Christian at the time of the marriage.[10] The applicant also identified the appellant as a Christian in her application materials.[11] The appellant does not dispute this factual allegation.

 

[rathika]

Hi

You should be prepared for a refusal, as it likely the marriage is not valid. Section 2(1)(c) of the Hindu Marriage, states that it doesn't apply to Christians. Here is a ruling from the Appeal division.

"The visa officer noted that marriages in India are governed by the Hindu Marriage Act, 1955 and that the appellant and applicant registered their marriage with marriage officials in India under the provisions of the Hindu Marriage Act, 1955.[4] As noted in the refusal letter,[5] the Hindu Marriage Act, 1955 applies to persons who are “Hindu by religion”.[6] The foreign legislation also provides that “...any person who is a Buddhist, Jaina or Sikh by religion”[7] is also within the purview of the legislation. Of relevance to this case, however, is the fact that subsection 2(1)(c) the Hindu Marriage Act, 1955, specifically states that it does not apply to “Christians”.[8] The visa officer also submitted that the registration of a marriage under the Hindu Marriage Act, 1955 does not make the marriage valid if it is otherwise invalid.[9]

[6] The applicant identified the appellant as a Christian at the time of the marriage.[10] The applicant also identified the appellant as a Christian in her application materials.[11] The appellant does not dispute this factual allegation.

PMM ............HI THEIR I HAVE A QUESTION FOR U.....I AM A TAMIL AND A CHRISTIAN AND MY HUSBAND IS A BUDDIST IS THAT GOING TO BE A PROBLEM...........WE BOTH ARE SRILANKAN.......PLS REPLY

 

[SISH7255]

PMM, you are just great!!!!

 

[PMM]

Hi

PMM ............HI THEIR I HAVE A QUESTION FOR U.....I AM A TAMIL AND A CHRISTIAN AND MY HUSBAND IS A BUDDIST IS THAT GOING TO BE A PROBLEM...........WE BOTH ARE SRILANKAN.......PLS REPLY

It all depends on where the marriage is performed. Note the OP was married in India.

 

[missinghim]

I am the sponsor (Canadian) and i am sponsoring my husband who is in india currently. I sent application Oct. 12 to Mississauga. Then on Nov. 6 i received a letter from the immigration officer in Mississauga saying Additional Family info form was not signed my husband. Hesend the entire application back minus the money on Nov.6. He gave us an evelope for my husband's visa pics too and stapled my husbband's proof of medical to the application for pr. He gave us our client ID number and kit number. And asked that the application be addressedto him..he included a self addressed sticker to put on the envelope with his name on it and the mississauga address. I also noticed that the officer had completed allof his sections on myapplication. A couple weeks later my husband sent me theform back signed and i resubmitted my application. Then Canada post messed up and said they lost it or its late being delivered. It didnt reach Mississauga on Dec. 7. Then 1 week later status on CAnada post website finally said it was delivered (on Dec.14). My question is since he asked application b sent to his name, that he completed his boxes on the application, etc... is it fair to say that he will look at it again sooner than the initial 37 day wait? I amnot sure if i trust canada post who said they got it in the end...mississauga doesnt tell u this info only tells u when they finished processing. Does anyone else have a similar case? I check ecas but nothin has been updated so i think the officer hasnt looked at it yet..since receiving it on Dec. 14. As soon as i hear word that it has been processed and approved and sent to Delhi, im planning to go to india for a trip. Another Question..after it goes to Delhi will i b contacted about anything.

 

[nylalisa]

I sent Chandraeve a provate message but just to reply to everyone. The official who stated about the hindu marriage act is partly ryt. There is a Hindu marriage act in place in India, in fact there is one for all the major religions recognized in India. And yes normally 2 people of different religions are not able to be married and have their marriage recognized and certified in India if they are from different religions. There is however, some exceptions. A major one is what the religion of your parents are... I have one non-indian parent and one parent who is Indian and hindu. Even though I was raised christian, because one parent is hindu, I was able to get my marriaged attested and registered in India. However, the officer is correct that without the certification and normal circumstances, 2 people of different religions under Indian law, do not have a valid marriage, regardless of if a religious ceremony was performed.

 

[missinghim]

There is a special act. in india for marriage..forgot what its called..The special marriage act..something like that for foreigners.,,it might be for people who r christian too/non hindu. Or ppl wanting civil ceremonies.

See this link talks about The Hindu Marriage Act of 1955 AND Indian Special Marriage Act of 1954.
http://www.madaan.com/marriage.html