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Karthika (Head - TFD Management)     06 February 2013

Hindu muslim marriage

Hello,

I am a Hindu and my husband is a Muslim. We both of us did not belive in converting religion for the sake of society and family pressure. We respect each others religion and customs. Due to pressure from either families we were forced to register our marriage. Towards this we approached a consultant with our clear thoughts of not converting or changing the name for any sake. He promised that it was possible and confirmed to complete all the formalities in a day and it also happend. On the day of wedding, we were taken to the register office and hurriedly Muslim Elders were there with a register and we had to sign there for marriage. I re-confirmed if my name will remain the same as hindu and their answer was yes. Finally the same noon we also had registered our marrige with the Government and also received the certificate in few days. But now, I am actually having a doubt if the entire proceedure was correct to make me stay a Hindu. Will Muslim law be applicable for our marriage? How do I Check this? Pl advice.



Learning

 8 Replies


(Guest)

@Querist,

 

Firstly, your query didn't mention under which "Marriage Act" your marriage was registered. But let me generalize things which may pertain to your quest.

 

1.If your marriage was registered under Hindu Marriage Act, either your partner or you or both have to convert themselves to Hindu first as per applicable to your case.

 

2.If your marriage was done as per Muslim customs, either your partner or you or both have to convert themselves to Islam first as per applicable to your case.

 

In any case, you can't retain your religion while  you or your partner or both of you retaining the religion which is in conflict as per the law in relation to marriage.

 

Note-This reply should be taken as per the declaration given in my profile page.


Thanks,

Regards,

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 February 2013

Dear karthika

Under special marriage act 1954, you should filed an application before the court/ADM/Sub-registrar and after one month period the registrar office or court solimanized the marriage and issue a certificate and that certificate is the proof that your marriage has been solimanized under special marriage act and you are remain Hindu and he is remain muslim.

the procedure u/s 16 of Spoecial Marriage act is mentioned below:

16. Procedure for registration.- Upon receipt of an application signed by both the parties to the marriage for the registration of their marriage under this Chapter, the Marriage Officer shall give public notice thereof in such manner as may be prescribed and after allowing a period of thirty days for objections and after hearing any objection received within that period, shall, if satisfied that all the conditions mentioned in section 15 are fulfilled, enter a certificate of the marriage in the Marriage Certificate Book in the form specified in the Fifth Schedule, and such certificate shall be signed by the parties to the marriage and by three witnesses.

feel Free to call


(Guest)

@Mr. Nadeem,

 

Can you please educate me on how one can retain his/her religion under 'Special Marriage Act'!? Can you show me where it's mentioned  that Inter-religion marriage can take place while without being suject of religion conversion of persons who are parties in such marriage!?

 

Special Marriage Act specifically give a relaxation in some prohibited releationship in the same religion and not proponent of idea of inter-religious marriages.

 

Am I right!!!

 

Thanks,

Regards,

Chetan Joshi (Advisory/Advocacy)     07 February 2013

A conversion cannot be forced. A married couple under special marriage Act can practise their individual religion.....

 

 

Freedom of religion is a matter of fundamental rights granted by the Indian Constitution

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

Advocate.S.A.Siddiq (Advocate)     07 February 2013

Any how As per the Muslim law this type of Marriage is "Haram"( Prohipted) .

You husband doing wrong one ... against muslim law.  The Society and religion not encourage this. Your child's also ???? think better....   


(Guest)
Originally posted by : Chetan Joshi

A conversion cannot be forced. A married couple under special marriage Act can practise their individual religion.....

 

 

Freedom of religion is a matter of fundamental rights granted by the Indian Constitution

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com

 

1. Practising religion is altogether a different matter for any invidual but actually being in religion is different. There is a clear thin line in between these two. e.g

 

Practising Hinduism for a muslim and vice-versa is not same as being born or refererred as Hindu or Muslims.

 

2.Freedom of religion means to practise any religion and not that you will actually rip the benefits(in this case marriage)of religion at your choice.

 

For a moment,Even I take it for granted the definition of 'Right To practice religion' as per your saying, then why there is a separate marriage acts for different religions!? Why there is a prohibited relationship mentioned whereas it shouldn't have been in first place because we have also 'Right to Marry'!?

 

Do you remember the recent case of 'Chand and Fiza'!? If special marriage act allowed such things, why did they got themselves converted to islam!? Didn't they have knowledge about 'Special Marriage Act'!?

 

I suggest you to rethink your arguments.

 

Thanks,

Regards,

Chetan Joshi (Advisory/Advocacy)     07 February 2013

@ Sumitra thanx for your suggestion...But as far as I understand the query, the asker is worried about a non consentual change in religion which in the domain of my know ledge is not pemissible.....

 

 

Regards

Chetan(dot)7679(at)gmail(dot)com


(Guest)

@Ld. Member/Expert Mr. Chetan

 

Ref-Special Marriage Act 1954

 

CHAPTER IV


Consequences of Marriage under this Act


19. Effect of marriage on member of undivided family- The marriage solemnized under this Act of any
member of an undivided family who professes the Hindu, Buddhist, Sikh or Jaina religion shall be
deemed to effect his severance from such family.

 


 

When the act itself severe the person from his family who gets married in this act, how it can be possible that you stay a Hindu. You can Neither remain muslim because you 'Shariyat' doesn't allow such things.

 

If I correctly understand the Question of the querist, it says "To remain/stay hindu or muslims who married under this act"(Please take a look at the querist question).

 

And YES, section 19 of SMA propounds the idea of 'NON-CONSESUAL CONVERSION OF RELIGION' though indirectly.

 

Last but not least If you still have doubt please show me a single judgement of SUPEREME COURT which is proponent of such IDEA.I will readily accept your arguments then. Please don't come with only HIGH COURT DECISIONS, it varies widely,therefore,cannot be said a law.Also High court doesn't have power to declare a law(just to add emphasis and not to educate you).

 

Thanks,

Regards,

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