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Ameer Badami (Doctor)     16 July 2011

Muslim marriage registration after NIKAH

Sir, I am a Muslim Indian Citizen aged 27 yrs and got married 1 month back in the mosque in front of witnesses and a NIKAHNAMA  issued to me by my community organisation.My wife is 19 yrs 6 months old.I went to the Registrar office in Bangalore but the registrar refused to register the marriage and issue a certificate as he says under the The Special Marriage Act, 1954 - Registration of Marriages celebrated in other forms both the husband and wife should be of age 21 for registration.I have copied the relevant clause below:

Chapter III - Registration of Marriages celebrated in other forms

15.Registration of marriages celebrated in other forms.—

Any marriage celebrated, whether before or after the commencement of this Act, other than a marriage solemnized under the Special Marriage Act, 1872 (III of 1872), or under this Act, may be registered under this Chapter by a Marriage Officer in the territories to which this Act extends if the following conditions are fulfilled, namely:--

(a) a ceremony of marriage has been perform between the parties and they have been living together as husband and wife ever since;

(b) neither party has at the time of registration more than one spouse living;

(c) neither party is an idiot or a lunatic at the time of registration;

(d) the parties have completed the age of twenty-one years at the time of registration

 

I am not able to understand how it is legal to marry but unable ot register my marriages.please guide me if the registrar is putting me under the correct category, And how should I get my marriage registred.Thank you.

Dr.AMEER ALI BADAMI



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 3 Replies

KAMARAJ BHARATHY G (ADVOCATE- HIGH COURT)     16 July 2011

Dear Sir,

As per law, at the time of registration of marriage both parties ( Husband & Wife) should have attained 21 years.  Hence, you have to wait for completion of 21 years to your wife.  But, as far as muslims are concerned the marriage certificate issued by concerned jamath is sufficient.

KAMARAJ BHARATHY G

Ameer Badami (Doctor)     16 July 2011

Respected Kamraj Ji,

Thank you for the prompt reply.I have understood that this is the Law, but somehow it seems to be incongrous and against the spirit of the law, that 2 people can legally marry but they cannot be registered!!!!!!!!!!1y y inin  

Thank you sir.

syed nivas (Electrical Engineer)     12 June 2013

Dear Sir

As Per indian muslim girl can marry at the age of 17 they can register their marriage


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