Marriage
J S CHHABRA
(Querist) 14 September 2011
This query is : Resolved
Dear Sir,
Whether a marriage is valid or void if a hindu girl and muslim boy without changing religion marries in a temple
Regards
R.Ramachandran
(Expert) 14 September 2011
Certainly it is not a valid marriage under Section 5 of the Hindu Marriage Act. It is also not a valid marriage under Muslim law.
prabhakar singh
(Expert) 14 September 2011
Mr. Ramachandran is right.since a hindu is not a 'kitabia'marriage with her by Muslim is is prohibited in muslim law,hence void asper muslim law.
It is also void as per hindu marriage Act section5 already told to you by Mr. Ramachandran.
J S CHHABRA
(Querist) 14 September 2011
Pl also tell if the couple without dissolving the said marriage eligible to again marry of their own choice
Regarda
prabhakar singh
(Expert) 14 September 2011
A marriage between two Hindus to which Hindu Marriage Act 1955 applies,if made between the two one of which has [i]a living spouse at the time of marriage [ii]or they inter se relate to a prohibited degree of relation ship[iii]or they are 'sapindas' of each other only then such void marriage needs declaration of nullity by the court under section 11 of the Hindu Marriage Act.
Since that is not the case here it is a 'NO MARRIAGE CASE UNDER BOTH PERSONAL LAWS'no dissolution of that under any of the two laws is required by court or otherwise ,is my personal opinion based on analysis of law.
R.Ramachandran
(Expert) 14 September 2011
Mr. Prabhakar is absolutely right. When there is no valid marriage in the eyes of law either under Hindu Marriage Act or under Muslim Personal law, the question of dissolving any non-existing marriage does not arise.
They can have the marriage registered as per the provisions of Special Marriage Act, 1954.
