Hindu Boy to be married to Muslim Girl
1 year ago
We have decided to do the Court marriage, but the girl's parents are insisting on a nikah after that.
Q1. Which one will hold the residence in a court of law
Q2. For nikah, do i need to convert
Your kind advice be of great help
A.Dear Client,
Nikah is possible only when the two spouses to be profess Muslim religion. court marriage can be covered under the special marriages act, 1954 and will be held valid. if you want to convert the religion, you can convert.
Nikah is possible only when the two spouses to be profess Muslim religion. court marriage can be covered under the special marriages act, 1954 and will be held valid. if you want to convert the religion, you can convert.
Helpful
Helpful
Share
A.Dear Sir,
If the condition of conversion is not acceptable to you then you should not surrender for their demand for Nikah. You may go for marriage under the provisions of Special Marriage Act as follows:
==========================================================================
You may go through the following procedure under Special Marriage Act
Conditions Necessary for A Marriage
The following conditions are necessary:
1. That neither party has a spouse living at the time of marriage.
2. That neither party is incapable of giving a valid consent to the marriage due to unsoundness of mind.
3. That neither party has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.
4. That neither party has been subject to recurrent attacks of epilepsy or insanity.
5. That the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.
6. That the parties are not within the degrees of prohibited relationship. However where a custom governing at least one of the parties permits a marriage between them, such marriage may be solemnized non with standing that they are within the degrees of prohibited relationship as follows:
http://www.helplinelaw.com/family-law/MSMA/solemnization-of-marriage-under-special-marriage-act-1954.html
The requirements of procedure as per Karantaka State is as follows regarding fees and formats
3. Every Marriage Officer shall cause his name designation and the regular working hours of his office to be written in English and in Kannada and displayed in a conspicuous part of the building in which his office is situated.
4. (1) Notice of any intended marriage under the Act shall be given in writing in the form specified in the Second Schedule to the Act to the Marriage Officer by both the parties intending to enter into the marriage either in person or by registered post.
(2) Where the notice is delivered in person, the fee prescribed therefor in rule 10 shall be paid directly in cash to the Marriage Officer. Where the notice is sent by registered post the fee shall be remitted by money order at the remitters expense and the receipt issued to the remitter by the post office through which the remittance is made shall be attached to the notice.
(3) As soon as the notice has been received by the Marriage Officer a distinctive serial number shall be entered on it and such number and the date of receipt of the notice shall be attested by the signature of the Marriage Officer. If the notice is in the confirmity with the requirements of the Act, it shall be entered in the marriage notice book which shall be
1. Published in Karnataka Gazette part IV I C (ii) 16 dated May 18, 1961 page 1003 to 1010.
http://www.karnataka.gov.in/karigr1/Pages/Special-Marriage-Fees.aspx
If the condition of conversion is not acceptable to you then you should not surrender for their demand for Nikah. You may go for marriage under the provisions of Special Marriage Act as follows:
==========================================================================
You may go through the following procedure under Special Marriage Act
Conditions Necessary for A Marriage
The following conditions are necessary:
1. That neither party has a spouse living at the time of marriage.
2. That neither party is incapable of giving a valid consent to the marriage due to unsoundness of mind.
3. That neither party has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children.
4. That neither party has been subject to recurrent attacks of epilepsy or insanity.
5. That the bridegroom has completed the age of 21 years and the bride the age of 18 years at the time of marriage.
6. That the parties are not within the degrees of prohibited relationship. However where a custom governing at least one of the parties permits a marriage between them, such marriage may be solemnized non with standing that they are within the degrees of prohibited relationship as follows:
http://www.helplinelaw.com/family-law/MSMA/solemnization-of-marriage-under-special-marriage-act-1954.html
The requirements of procedure as per Karantaka State is as follows regarding fees and formats
3. Every Marriage Officer shall cause his name designation and the regular working hours of his office to be written in English and in Kannada and displayed in a conspicuous part of the building in which his office is situated.
4. (1) Notice of any intended marriage under the Act shall be given in writing in the form specified in the Second Schedule to the Act to the Marriage Officer by both the parties intending to enter into the marriage either in person or by registered post.
(2) Where the notice is delivered in person, the fee prescribed therefor in rule 10 shall be paid directly in cash to the Marriage Officer. Where the notice is sent by registered post the fee shall be remitted by money order at the remitters expense and the receipt issued to the remitter by the post office through which the remittance is made shall be attached to the notice.
(3) As soon as the notice has been received by the Marriage Officer a distinctive serial number shall be entered on it and such number and the date of receipt of the notice shall be attested by the signature of the Marriage Officer. If the notice is in the confirmity with the requirements of the Act, it shall be entered in the marriage notice book which shall be
1. Published in Karnataka Gazette part IV I C (ii) 16 dated May 18, 1961 page 1003 to 1010.
http://www.karnataka.gov.in/karigr1/Pages/Special-Marriage-Fees.aspx
Helpful
Helpful
Share
Read Related Answers
Muslim Bigamy
Dear Client,
This law validates polygamy for Muslim men in India. A Muslim man can legally have up to 4 wives at a time, as granted by the Quran. However, he must have the capacity to treat all wives...
Property Rights according to Islam Law
Dear Client,
Wa Alaikum Assalam Warahmatullahi Wabarakatuh! I understand your concern regarding the ownership of the property left by your father (Dasthakir). To clarify the ownership and facilitate t...
Inheritance of property
Dear Client,
The first wife and children can't claim the self-purchased property of the second wife until and unless the second wife has inherited the said property to them by will.
Thank You.
Religion Change
Dear Client
Before initiating the conversion process, it is advisable to gain a comprehensive understanding of the beliefs, practices, and principles of Islam. You can do this by studying the Quran, v...
Pension
Dear Sir,
During the lifetime of first wife, second wife is not entitled for any benefit. Even after death of first wife in rarest of rare cases pension will be given to the second wife.
Read Blogs on Muslim Laws
Muslim Laws Lawyers
Find Lawyers by Location
