Marriage
Querist :
Anonymous
(Querist) 14 September 2011
This query is : Resolved
Dear Sir,
My query is if a hindu girl and muslim boy without changing religion marries in a temple whether the marriage is valid or void
Regards
Devajyoti Barman
(Expert) 14 September 2011
Valid marriage under Hindu Marriage Act as per provision of section 2(2) of the Act.
prabhakar singh
(Expert) 14 September 2011
first thing it is a repeated query in disguise now first asked and answered as given below.
secondly Mr.Barman has not understood section2(2)of hindu marriage Act properly.
author : J S CHHABRA
Posted On
14 September 2011
Dear Sir,
Whether a marriage is valid or void if a hindu girl and muslim boy without changing religion marries in a temple
Regards
Expert : R.Ramachandran
Posted On
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.
Expert : prabhakar singh
Posted On
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.
author : J S CHHABRA
Posted On
14 September 2011
Pl also tell if the couple without dissolving the said marriage eligible to again marry of their own choice
Regarda
Expert : prabhakar singh
Posted On
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.
Expert : R.Ramachandran
Posted On
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.
prabhakar singh
(Expert) 14 September 2011
Now i wish to draw attention of Mr. Barman towards provision he has mentioned,that is 2(2)stated below:..........................
" 2. Application of Act..........(2) Notwithstanding anything contained in sub-section (1),
nothing contained in this Act shall apply to the members of any
Scheduled Tribe within the meaning of clause (25) of article 366 of
the Constitution unless the Central Government, by notification in the
Official Gazette, otherwise directs."
Now let see 2(1)"(1) This Act applies-
(a) to any person who is a Hindu by religion in any of its
forms or developments, including a Virashaiva, a Lingayat or
a follower of the Brahmo, Prarthana or Arya Samaj,
(b) to any person who is a Buddhist, Jaina or Sikh by
religion, and
(c) to any other person domiciled in the territories to
which this Act extends who is not a Muslim, Christian, Parsi
or Jew by religion, unless it is proved that any such person
would not have been governed by the Hindu law or by any
custom or usage as part of that law in respect of any of the
matters dealt with herein if this Act had not been passed.
Explanation.-The following persons are Hindus, Buddhists,
Jainas or Sikhs by religion, as the case may be :-
(a) any child, legitimate or illegitimate, both of whose
parents are Hindus, Buddhists, Jains or Sikhs by religion;
(b) any child, legitimate or illegitimate, one of whose
parents is Hindu, Buddhist, Jaina or Sikh by religion and who
is
---------------------------------------------------------------------
1 The Act has been extended to Dadra and Nagar Haveli (w.e.f. 1-7-
1965) by Reg. 6 of 1963, s. 2 and Sch. I and to Pondicherry (w.e.f.
1-10-1963) with modification by Reg. 7 of 1963, s. 3 and Sch. I.
Amended in Tamil Nadu by T.N.Act 21 of 1967.
--------------------------------------------------------------------- Collected by the All India Christian Council, www.christiancouncil.in Page 2 of 20
brought up as a member of the tribe, community, group or
family to which such parent belongs or belonged ; and
(c) any person who is a convert or reconvert to the Hindu,
Buddhist, Jaina or Sikh religion.
Now 5 on which Mr. Ramachandran as well as banked........."5. Conditions for a Hindu marriage.
5. A marriage may be solemnized between any two hindus, if the
following conditions are fulfilled, namely:-
(i) neither party has a spouse living at the time of the
marriage
1[(ii)at the time of the marriage, neither party-
(a)is incapable of giving a valid consent to it in
consequence of unsoundness of mind; or
(b)though capable of giving a valid consent, has been
suffering from mental disorder of such a kind or to such
an extent as to be unfit for marriage and the
procreation of children; or
(c)has been subject to recurrent attacks of insanity or
epilepsy;]
(iii) the bridegroom has completed the age of 2[twenty-
one years] and the bride the age of 2[eighteen years] at the
time of the marriage;
(iv.) the parties are not within the degrees of
prohibited relationship unless the custom or usage governing
each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the
custom or usage governing each of them permits of a marriage
between the two."
Read carefully (i),(iv)and (v) very carefully ,then read section 11 as below
"11. Void marriages.
11. Void marriages. Any marriage solemnized after the
commencement of this Act shall be null and void and may, on a petition
presented by either party thereto 4[against the other party], be so
declared by a decree of nullity if it contravenes any one of the
conditions specified in clauses (i), (iv) and (v) of section 5."
NOW CONCLUDE OTHERWISE IF IT SEEMS TO ANY ONE.
Khaleel Ahmed Mohammed
(Expert) 14 September 2011
As soon as a muslim boy marries a hindu girl in temple, automatically he will no more muslim .Islam does not allow such persons as muslims.
prabhakar singh
(Expert) 14 September 2011
Expert Khaleel Ahmed ??Does he becomes converted to a hindu as soon as he enters a mandir[temple] or as soon as he Garland her hindu fiancee with 'MALA 'IN HER NECK IS A PARTICULAR QUESTION OF MINE TO YOU????????
DOES HE CEASES TO BE MUSLIM IPSO FACTO AND BECOMES HINDU WITH OUT RITUALS OF ACCEPTANCE OF A HINDU IS AN OTHER QUESTION????????????
THINGS DO NOT PROCEED ON PERSONAL WHIPS.I NEED COMMANDS ,CITATIONS OF QURAN.
ALL THOSE WHO ARE CALLED MUSLIMS HERE IN THIS COUNTRY WERE HINDUS AS INVADERS DID NOT COME WITH LADIES.
TO ME IT WAS ORTHODOX OF HINDUS THAT EATEN THEM,AND HISTORY IF TRULY REPEATS
WILL TAKE A ATOLL ON THOSE WHO DO NOT HAVE TOLERANCES.
prabhakar singh
(Expert) 14 September 2011
ANY TAKER COME FORWARD!!!!!!!!!!!!!!
OPPOSITION MOST WELCOME FOR HEALTHY DISCUSSIONS.................
Khaleel Ahmed Mohammed
(Expert) 15 September 2011
Mr.Prabhakar, this is not a right forum to discuss such religious matters.For your kind knowledge Islam itself means peace.Here we have to guide the needy people about their legal problems not to teach them religion.There is so many commands in Quran about living hood of Muslims.Quran restricted muslims to marry with non kitabia women, here in this query the girl belongs from hindu religion as she is non kitabia and idol worshiper. As soon as the muslim boy marries a non kitabia as per the rituals of hindu customs , he will cease as muslim, as he committed his faith in hindu religion.
I would like to know with my learned friends , how such marriage is valid as per Hindu law as the boy is muslim got marry without conversion to Hindu religion?
It is necessary to clear Mr.Prabhakar's understanding towards Islam as he commented
"ALL THOSE WHO ARE CALLED MUSLIMS HERE IN THIS COUNTRY WERE HINDUS AS INVADERS DID NOT COME WITH LADIES."
Please refer Wikipedia,http://en.wikipedia.org/wiki/Islam_in_India
http://www.koolkorner.com/islam1/converts%20to%20Islam.asp?cat=1
The conversion of First Hindu King : King Chakrawati Farmas (of Malabar, located on the southwest coast of India) converted to Islam soon after the arrival of Muslims in India (around 711 CE). The incident relating to King Chakrawati Farmas is documented in an old manuscript in the India Office Library, London, which has reference number: Arabic, 2807, 152-173. It is quoted in the book “Muhammad Rasulullah,” by M. Hamidullah:
Nn: www.cyberistan.org/islamic/farmas.html
“There is a very old tradition in Malabar, South-West Coast of India, that Chakrawati Farmas, one of their kings, had observed the splitting of the moon, the celebrated miracle of the Holy Prophet (pbuh) at Mecca, and learning on inquiry that there was a prediction of the coming of a Messenger of God from Arabia, he appointed his son as regent and set out to meet him. He embraced Islam at the hand of the Prophet, and when returning home, at the direction of the Prophet, died at the port of Zafar, Yemen, where the tomb of the “Indian king” was piously visited for many centuries.”
The 87-year-old Raja Valiyathampuram of Kodungallur in Central Kerala is a descendant of King Cheraman Perumal [also known as King Chakrawati Farmas ], the first Indian to embrace Islam in the early 7th century. Talking to him is like talking with history. In the following interview taken by A U Asif in Ernakulam, he dwells in detail upon his great early ancestor and the oldest mosque (above) of the sub-continent. He also asks North Indians to come to Kerala and see how people of different religions are living there for centuries in an atmosphere of harmony, fraternity and peace. How do you take your great great grandfather Cheraman Perumal? Cheraman Perumal was not only a king and my ancestor, but the first Indian to come into the fold of Islam. He was actually the person who gifted Islam and the first ever mosque to the Indian sub-continent. This happened much before the advents of Muhammad bin Qasim and Mahmood Ghaznavi. This shows that Islam didn't come to India with the sword.
prabhakar singh
(Expert) 15 September 2011
But i have not waged any war against you.Peace is the sound each and every religion has always preached.
Nor do i wish to discuss any religion here OR any where.
In my experience people do not profess religions they simply inherit it for which they are subjected to exercises of preparation since birth.
My such way to put the question was only because if what you say is TRUTH AS LAW that the moment a MUSLIM enters into the campus of a Hindu temple,he ceases to be a Muslim.
IF YOUR THIS STATEMENT LEGALLY HOLDS WATER
THEN MY VIEW ON SECTION 5 OF HINDU MARRIAGE ACT CAN GET IMPROVED TO THE EXTENT THAT I CAN PROVE THAT SUCH A MARRIAGE IN FACT HAS TAKEN PLACE BETWEEN A SECULAR(NOT FOLLOWER OF ANY RELIGION)AND A HINDU WHICH MAY BE INVALID UNDER MUSLIM PERSONAL LAW OR HINDU PERSONAL LAW ENACTMENT OR SEVERAL ENACTMENTS ARE THERE IN INDIA{special marriage act ,aanad marriage act,christian marriage act,aaryasamaj marriage act etc.] WITHIN PREVIEW WHERE OF THIS MARRIAGE SHALL BECOME ILLEGAL.
BUT SPONTANEOUSLY I SHALL BE ABLE TO POSE A QUESTION OF NEAT LAW THAT WHERE IS ONE LAW LEGISLATED OR PRACTICED IN THIS COUNTRY WHICH BARS A MARRIAGE BETWEEN A SECULAR AND A HINDU MORE SPECIALLY WHEN OUR MOST RELIGIOUS DOCUMENT OF THE DAY "THE CONSTITUTION IS CALLED SECULAR"
THERE FORE I SHALL PLEAD THIS MARRIAGE LAW FULL AND LEGAL AND VALID WITH IN SCOPE OF OUR CONSTITUTION.
Adv Archana Deshmukh
(Expert) 15 September 2011
At the time of marriage if the girl is a hindu and the boy is a muslim, and the marriage is solominzed as per hindu rites and rituals, then the marriage is totally void as per hindu marriage act, irrespective of the fact whether the muslim community accept or do not accept the boy as a muslim thereafter, it doesn't matter.
