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Axa Aga   12 May 2023

Correct legal process of solemnising marriage of a hindu boy with a muslim girl (both adults)

What is the correct process of legally valid marriage of a Hindu boy with a muslim girl, both being adults ?

Kindly guide with all steps



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 9 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     12 May 2023

can follow special marriage Act,1954. All marriages in India can be registered under the respective personal law Hindu Marriage Act, 1955, Muslim Marriage Act, 1954, or under the Special Marriage Act, 1954. It is the duty of the judiciary to ensure that the rights of both the husband and wife are protected. The Special Marriage Act, 1954 is an Act of the Parliament of India with provision for civil marriage for people of India and all Indian nationals in foreign countries, irrespective of religion or faith followed by either party.

T. Kalaiselvan, Advocate (Advocate)     12 May 2023

Both the parties to the marriage belong to different religion. 

Interfaith marriage, sometimes called a "mixed marriage", is marriage between spouses professing different religions. 

Civil marriages, also commonly called 'Special Marriages' or 'Inter-religious marriages' do not depend on the religion of the couple. Instead, the marriage happens under the Special Marriage Act, where couples practicing different faiths or religions, or those who want to get married without being subject to personal laws of any particular religion, have the right to get married in India.

To get married under this law, you need to know if you and your spouse are legally eligible to get married. For example, you should be over a certain age to be able to get married and you cannot have another living spouse from whom you have not been divorced.

Advocate Bhartesh goyal (advocate)     12 May 2023

You can solemnize your marriage under the provisions of Special Marrige Act 1954.For performing the marriage  you both need to appear before Registrar of Marrige ( Magistrate ) and to complete the essential formalities, declarations and witnesses.

kavksatyanarayana (subregistrar/supdt.(retired))     12 May 2023

Yes

 I agree with the advice of the senior expert Sri Bhartesh Goyal sir.

Sudhir Kumar, Advocate (Advocate)     13 May 2023

either

 

one of them converts to other religion.

 

or

 

Spl marriage Act.

Niharika Lohan   13 May 2023

Hi Aga Axa, I'm Niharika Lohan, an advocate practising in New Delhi. I've read your query and here is my take on it.

Marriage between two people of different religions can be solemnised by two ways.

1- where either of the party to marriage converts into the religion of the other party and then they can solemnise the marriage by the ceremonies of that religion.

2- but in the case where none of the party is willing to convert into other’s religion, then they can get this marriage solemnised under the Special Marriage Act, 1954

Dr J C Vashista (Advocate)     14 May 2023

Very well analysed, opined and advised by learned experts, which I concur and appreciate.

The couple may marry under the provisions of SMA if both of them want to continue professing their original religion.

Axa Aga   16 May 2023

Respected Mr Sudhir Kumar / Ms. Niharika :

the 1st option suggested by both of you : TO CONVERT into another (spouse's) religion, what is the PROCESS plz ?

What steps need to be taken, what formalities need to be completed ? such that the conversion to spouse's religion is valid. It shoudl stand in the  court of law that the conversion is indeed done.

Kindly guide further

Sudhir Kumar, Advocate (Advocate)     16 May 2023

Originally posted by : Axa Aga

Respected Mr Sudhir Kumar / Ms. Niharika :the 1st option suggested by both of you : TO CONVERT into another (spouse's) religion, what is the PROCESS plz ?What steps need to be taken, what formalities need to be completed ? such that the conversion to spouse's religion is valid. It shoudl stand in the  court of law that the conversion is indeed done.Kindly guide further

 

 

you have already opned a new thread at

https://www.lawyersclubindia.com/forum/details.asp?mod_id=229311&offset=1

appropriate views have bene expressed therein.


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