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Indian_In_IT (Software Engg)     19 October 2018

Muslim couple already married to be registered under special marriage act

I married last year under Muslim marriage Act and Nikah is register via Qazi and we received marriage cert from Registrar Govt. of Bihar. Now while applying for relocation abroad embassy has asked to register marriage under special marriage act. Can you clarify if this is possible re-marry again or to register under SMA without re-marriage. What is the process? What happens to my Nikah marriage status after SMA registration. Both spouse are Muslim Indian national.


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 5 Replies

Sudheendra (Social worker )     19 October 2018

Special Marriage Act deals with inter caste and inter-religion marriages if both of you are muslims then it is not applicable.

Dr J C Vashista (Advocate)     20 October 2018

Either the marriage contracted is invalid or the official in Embassy asking re-registration of marriage is illitrate, if there is "some" truth in your story.

Indian_In_IT (Software Engg)     23 October 2018

Thanks for the response sir.

My mariage is valid and I already have marraige cert. issued by Muslim marriage Registrar & Quazi,Patna, Dept. Of Registration Govt. Of Bihar.

But the embassy has explicitly asked to register my Nikah under Special Marriage Act

Questions:

1) Since both of us are technically married, does SMA allow each other to re-marry again under SMA?

2) What happens to my Nikah with relevance to Civil laws.

3) Can I ask embassy that since Indian  Law allows me to marry under Muslim Law why they are forcing me for SMA.

I dont have any problem with SMA but first problem is it will delay our process by a month.

4) Can I only register my marrige under SMA without having to wait for 1 month.

5) For SMA, does both couple need to be present while in first visit to apply for marraige . Since I am abroad, its [problematic to travel 2 times in span of 1 month to India. Is there any alternative?

 

Many thanks for your inputs.

 

 

 

Indian_In_IT (Software Engg)     06 February 2020

FYI

Though an old post but thought to provide an update after a long time now.

I went ahead and applied for Spl marraige Act registration.

After 1 month of notice, we registered our Muslim marraige  under Spl marriage Act,

So legally, the Spl marraiage Act rule applies to us.

 

Zeefa Karim   03 December 2022

Hi, Could you please let me know how did you apply under special marriage act and did you need to be physically present in India? 
 


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