Civil Procedure Code (CPC)

Nikah after special marriage act


I (Hindu) am in a relationship with a Muslim Girl since the past 5 years. My parents know the girl since 3 years and thankfully have accepted her whole heartedly without any religious bias. Now, they are in talks with her family about our marriage. The family has agreed to the Special Marriage Act (Court Marriage).

But the family being a little traditional is insisting on a ‘Nikaah’ at a Kazi's office immidiately after the Special Marriage Act Initially they were expecting me to legally convert myself by making an affidavit. But with much coaxing from our side as well as from the girl, they have finally agreed to not making the affidavit. They have reassured my family that there will be no legal conversion. Yet, they insist on having a Nikaah outside the court in the Kazi’s office, immediately after the special marriage.

What I need to know is, the following:

  • What is the legal standing of such a Nikaah? 
  • Will I, then legally be a Hindu or a Muslim?
  • Also, does the special marriage act become void after the Nikaah?
  • Is it possible to have a Nikaah, just for their satisfaction, without me getting legally converted?
  • Is it necessary to have an Arya Samaj marriage after the Nikaah from a legal point of view?

If some legal expert can help me in this situation, I would be really grateful. 

 

 
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LEGAL CONSULTANT

Nikah has no validity unless the boy converts to islam,and also not  valid as per muslim law  if the conversion is solely for marriage.Hence SMA is the best option.If the girl is a muslim and has not converted to hinduism,Arya Samaj will not entertain the marriage nor any other hindu temples.

As the family of the girl is in favour of the inter religion marriage,better not have any negative thoughts and go ahead for marriage under special marriage act.Try to convince them regarding Nikah.

In this case marriage is not a ritual as it involves the sentiments,traditions and feelings of two different religions.

 
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Thank You for the replies. 

@Yentede Banta: I agree. Marriage is just a ritual. I too feel the same. But sadly the girl's family is hell-bent on that ritual which made me wonder the intention. 

@SAINATH DEVALLA: I think I need to clarify the situation a bit more. Although there is no pressure from my side for the girl to convert, the girl's family was pursuading me to convert legally. On my family not agreeing, finally they gave in to Special Marriage Act but insist that there will be a Nikah just outside court in Kazi's office. They are assuring that there will be no legal conversion. Hence my question remains

1. Is special marriage act above all other methods of marriage (Nikaah)? 
i.e. Even if we have a Nikah at Kazi's office, does the special marriage act become void after the Nikaah?

2. What is the legal standing of such a Nikaah? Will I, then legally be a Hindu or a Muslim?‚Äč

Thank you for your inputs. But if you could just clear my confusion, I would be grateful.

 
Reply   
 
LEGAL CONSULTANT

Becareful, the Kazi will not perform the Nikah unless U convert to Islam.This is not a child's play.

 
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