Sk ferdosh alam
(Querist) 24 September 2017
This query is : Resolved
sir, can you help me to provide information to prove that muslim marriage is void if it has been tried to solemnize and registered marriage with a society (chanchal muslim welfare society)/ngo with out the consent of boy and by the help of a club members.
Vijay Raj Mahajan
(Expert) 25 September 2017
Muslim marriage is absolutely contractual in nature where free consent of both parties required and given by both in presence of witnesses. Unless the free will of both parties exists the marriage cannot be valid. The amount of Mehar to be paid by wife is consideration for such contractual Muslim marriage. The Quazi who register the Muslim marriage or Nikaha register the same and issue marriage certificate or Nikahanamma to parties. The most significant here is that the Register of marriage record as well the Nikahanamma has to be signed by both parties to marriage, their witnesses as well the Quazi performing the marriage. If there exists any marriage record or register where there is no signature of both parties (both groom and bride) , their witnesses and the Quazi, then that record itself is fake in nature. In your case any such marriage got registered without your consent, registered without your signatures is absolutely fake, null and void in the eye of law.
Rajendra K Goyal
(Expert) 25 September 2017
Whether nikah / marriage has taken place as per customs and now to be registered?
If marriage took place as per custom / personal law, registration would not effect its validity.
Guest
(Expert) 25 September 2017
Well Advised by Mr.Vijay Raj Mahajan.Basing on his advise you could discuss with local good advocate
Dr J C Vashista
(Expert) 27 September 2017
Well advised, nothing more to add.
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