Upgrad LLM

marriage registration after 9 years of living relationship


Hi Readers/Eperts,

Please advice me to legalise our relationship.

I am muslim lady and he is a hindu guy. We had nikah in 2002 in presence of my family where my husband had adopted a muslim name for nikah without undergoing any legal way of adoption of name. Since then we are living together. We have two kids age 6 an 7 yrs.  My husband is legally  continuing with his parental name and same identity and same with me.

Now we want to legalise our relation and register the marriage.

Please help us how to proceed further.

 

 

 

 
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LAWYER-ADVOCATE

YOU MAY KINDLY APPLY UNDER SPECIAL MARRIAGE ACT AND GET THE MARRIAGE REGISTERED.

AS HUSBAND IS HINDU AND YOU ARE MUSLIM AND BOTH MARRIED BY NIKAH, AND HAVE TWO CHILDREN,  YOU MAY ALSO MENTION ALL DETAILS BY SUPPORTING AFFIDAVITS.GOOD LUCK.

 
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Thank you Mr. Nandkumar.

Please clear me few more things.

1. With same nikahnama and affidavit in today's date can we apply for special marriage registration.

2. After marriage registration, will we be able to continue our parental names.

 
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Law Consultant

@Sabi

 

A1.) When you apply for registration under Special Marriage Act, the earlier Nikah would have no value. When a couple is registered under Special Marriage Act, there is no requirement of changing your parental name which is necessary in a Muslim Marriage or Hindu Marriage.

 

A2.) Yes.

 

//peace

/Saurabh..V

 
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UNEMPLOYED

We had nikah in 2002 in presence of my family

 

---   is your nikaha held as per muslim rituals?

if so he must have recite this kalma, -

la illah illilaha muhammader rasullulaha.

if so, he is muslim in the eyes of law.

your marriage is valid under mohamedan law.

no other certificate necessary for validiate your marriage.

are you facing any other typical problem arising from your marriage?

 
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UNEMPLOYED

1. With same nikahnama and affidavit in today's date can we apply for special marriage registration.

 

---   no.

you already gone through a valid marriage. this will create more confusion. is your husband has any hindu wife, other than you?

 

2. After marriage registration, will we be able to continue our parental names.

 

---   now you already using your parental names.

if the marriage registered under special marriage act, in past, then you could do it.

 

what is your actual problem?

 
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law officer

@sabiji,

please follow Mr. Nandkumar's advice.  Completely ignore the advice given by Mr. Arup.  I several times asked him to refrain of giving legal advise as he is not competent to do so.  He does not have proper understanding about Muslim Personal Law or Special Marriage Act. 

The Special Marriage Act protects the rights of a woman in a better way than any personnel law prevailing in Hindus, Muslims or Christians.  So, registering your marriage under the Special Marriage Act is beneficial to you, your family and  your children.  It does not compel any one to change the surnames or identities.  After registration, you both will get a marriage certificate, which will help you on several occasions.

The procedure is also so simple.  fill the prescribed form along with supporting affidavits and deposit it before the marriage registrar with prescribed fee (Rs.25/-) and after one month, both husband and wife go along with three witnesses and  marriage will be registered and you are asked to sign in the register and you will be issued marriage certificate.  This is useful for passport, children's admission etc.

 
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Thanks to all

 
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