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Rajini   02 October 2018

Procedure for diff religion marriage

Hi Experts, My divorced Muslim neighbour aged 36y is in love with a Hindu guy aged 46y.He has applied for mutual divorce with his wife. - Please guide the procedure for marriage with this guy as both hail from different religions. - Since he has applied for mutual divorce can she marry him or wait till his divorce is granted. Please advice. Thanks in advance.


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 4 Replies

Vijay Raj Mahajan (Advocate)     02 October 2018

Wait till divorce granted and marriage dissolved by decree of divorce. Next marriage between two persons belonging to different religions should be solemnised and registered under the Special Marriage Act,1954. This not religious marriage but civil marriage done in the office of the Marriage Officer under this Act in presence of only 3 witnesses. The marriage is solemnised after 1 month notice given by parties to the Marriage Officer. The Marriage Officer is usually the Deputy Commissioner of the District where one or both parties usually resides.

Rajini   02 October 2018

Thank you Vijay Sir for responding. The guy told my neighbour that he will convert to Islam and marry her as per Islamic law since she's a Muslim. He was telling her since he's applied for divorce and willing to convert to Islam marriage before his divorce would be valid/ legal. I remember Dharmendra and Hema Malini marrying this way but wanted to check if such marriage would be legal.

Rajini   02 October 2018

Thank you Prasanna garu for ur reply. I too tried telling her not to trouble herself with this marriage as she was already broken with previous marriage. Will share experts advice with her. Please let know if that guy converts to her religion n marries her will it be legal marriage.

N.K.Assumi (Advocate)     03 October 2018

In this branch of jurisprudence, men and women cannot twist and mould the rules of law to suit their own selfish ends by sham conversion. Don't go by Dharmendra, Hema malini or Sail Ali Khqan and Kereena Kappor etc. In India there is no higher or lower religions and all religions are equal and keeping this constitutional philpsophy the Special Marriage Act was passed to ease the hurdles of inter religious marriage. Conversion or apostacy for the vsake of marriage is not proper, as such if they intend to marry than better to follow the suggestions provided by the above experts.


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