Inter faith marriage
2 years ago
My cousin(Hindu girl) wants to marry a Christian boy. Both are in Gujarat. She wants to get converted before marriage. Both families have agreed for the same. Will she face any legal issues for conversion or for her marriage? What is the legal procedure for interfaith marriage?
A.Dear Sir,
If such conversion is voluntary they cannot be any issue unless somebody lodge a complaint that such conversion is taking place under threat or misconception. Normally the married spouse cannot claim any Government benefits on the converted community category.
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If such conversion is voluntary they cannot be any issue unless somebody lodge a complaint that such conversion is taking place under threat or misconception. Normally the married spouse cannot claim any Government benefits on the converted community category.
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A.Dear Sir/ Madam,
The Special Marriage Act is to cater to inter-caste and inter-religion marriages, whereby the couple is not required to renounce his/her religion to get married. The act includes marriages among Hindus, Muslims, Christians, Sikhs, Jains and Buddhists. And, it applies to every citizen in India and those living abroad, except in the state of Jammu & Kashmir. So, there is no separate court marriage for different faiths, rather it’s a uniform way of getting married irrespective of your religion.
Thank you,
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The Special Marriage Act is to cater to inter-caste and inter-religion marriages, whereby the couple is not required to renounce his/her religion to get married. The act includes marriages among Hindus, Muslims, Christians, Sikhs, Jains and Buddhists. And, it applies to every citizen in India and those living abroad, except in the state of Jammu & Kashmir. So, there is no separate court marriage for different faiths, rather it’s a uniform way of getting married irrespective of your religion.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.Their marriage can been registered under the Special Marriage Act, 1954, if they preferred to follow their religions without conversion.
Otherwise if she wants to be converted to Christianity then under the Indian Christian Marriage Act, 1872, Christian marriages in India are performed by a Minister or Priest in a church. After the marriage is performed the minister or priest enlists the marriage and issues a marriage certificate, thereby endorsing the marriage. In order to get a marriage registered, it is incumbent on each party to the marriage to make an application to the concerned authority located within its place of residence.In order to constitute a valid marriage under the act, it is a requirement that either one or both parties are Christians.The bridegroom must not be under twenty-one years and the bride must not be under eighteen years of age respectively;Consent must be free and voluntary and not obtained by misrepresentation of facts, compulsion or undue influence;Neither party should have a spouse living at the time of marriage;Marriage must be performed in the presence of at least two reliable witnesses, by a person licensed to grant a certificate to the marriage.
Notice of Intended Marriage: A written application or notice is made by either party to the marriage residing in the same area to the Marriage Registrar to notify the concerned authority of their intention to get married. In case both the parties reside in different areas, each party would have to make a separate notice in writing to the Marriage Registrar located within their areas of residence. Before the certificate of notice has been issued, either one party to the marriage should make a personal appearance before the Marriage Registrar for pledging.
Please take note if your cousin is converted to Christianity,then she will not be entitled to inherit any Hindu property.
Otherwise if she wants to be converted to Christianity then under the Indian Christian Marriage Act, 1872, Christian marriages in India are performed by a Minister or Priest in a church. After the marriage is performed the minister or priest enlists the marriage and issues a marriage certificate, thereby endorsing the marriage. In order to get a marriage registered, it is incumbent on each party to the marriage to make an application to the concerned authority located within its place of residence.In order to constitute a valid marriage under the act, it is a requirement that either one or both parties are Christians.The bridegroom must not be under twenty-one years and the bride must not be under eighteen years of age respectively;Consent must be free and voluntary and not obtained by misrepresentation of facts, compulsion or undue influence;Neither party should have a spouse living at the time of marriage;Marriage must be performed in the presence of at least two reliable witnesses, by a person licensed to grant a certificate to the marriage.
Notice of Intended Marriage: A written application or notice is made by either party to the marriage residing in the same area to the Marriage Registrar to notify the concerned authority of their intention to get married. In case both the parties reside in different areas, each party would have to make a separate notice in writing to the Marriage Registrar located within their areas of residence. Before the certificate of notice has been issued, either one party to the marriage should make a personal appearance before the Marriage Registrar for pledging.
Please take note if your cousin is converted to Christianity,then she will not be entitled to inherit any Hindu property.
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A.For interfaith marriage they can very well get married under the Special Marriage Act, 1954 and need not go through the process of conversion unless they wish to go for conversion. They can apply under the provisions of the Act which is quite simplified and the marriage can be concluded after 30 days of application.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Dear Sir/ Madam,
As long as the conversion takes place willfully there is no such legal challenge to be faced by either party.
You need to submit an application in writing to the marriage officer of the district where either of the parties has resided for the past 30 days. The marriage officer gives a 30 days notice period to accept objections on the marriage of the intended parties. If there are no objections then the marriage officer is required to maintain a marriage notice book that contains all the details of the intended marriage. With no objections, the marriage can be solemnised after the passing of 30 days from the date on which such notice has been published at the office of the marriage officer. The marriage officer enters all the details in the marriage notice book which should be signed by the parties and three witnesses.
The procedure however does not end here but the whole process can be summed up in this way.
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As long as the conversion takes place willfully there is no such legal challenge to be faced by either party.
You need to submit an application in writing to the marriage officer of the district where either of the parties has resided for the past 30 days. The marriage officer gives a 30 days notice period to accept objections on the marriage of the intended parties. If there are no objections then the marriage officer is required to maintain a marriage notice book that contains all the details of the intended marriage. With no objections, the marriage can be solemnised after the passing of 30 days from the date on which such notice has been published at the office of the marriage officer. The marriage officer enters all the details in the marriage notice book which should be signed by the parties and three witnesses.
The procedure however does not end here but the whole process can be summed up in this way.
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