My daughter has married a muslim boy and they have converted her to muslim and performed nikah also.Now muslim boy has agreed to convert to hindu and perform marriage through court as per HMA. Now my question is- 1.Is there any need to first divorce there muslim marriage which is perfomed by qazi,If we perform court marriage as per HMA without giving divorce will it be valid .I heard that since we are doing court marriage there is no need to divorce(Performed by qazi) bz that is just given by qazi and not by court? 2.And if we do talak by qazi will it be valid now because Supreme court has demolished triple talak? Note: We dont want to get into talak procedures if it is not required. Thanks
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1)your daughter has converted into Islam and her nikkah nama would be valid
2) you can register the marriage under provisions of special marriage act
3) in such a case if husband wants divorce he would have to file petition for divorce under provisions of SMA
4) customary divorce under Muslim personal law would not be valid
There is no need for getting divorce, If one of the spouse become apostate (converts), so their marriage will be void
1. If both of them coverts to Hinduism Once again the first marriage becomes null and void and thereafter they can perform marriage as per Hindu rites and then get the marriage registered under HMA.
2. The supreme court has declared Talaq ul biddat and not the talaq ul sunnat.If they meet the local qazi he will make them understand how to give talaq ul sunnat.
In any event talaq is not required at all since they will marry each other only afresh.
A marriage which has already been solemnised can be registered either under the Hindu Marriage Act, 1955 or under the Special Marriage Act, 1954. Hindu Marriage Act is applicable in cases where both husband and wife are Hindus, Buddhists, Jains or Sikhs or where they have converted into any of these religions. Where either of the husband or wife or both are not Hindus, Buddhists, Jains or Sikhs, the marriage is registered under The Special Marriage Act, 1954.
In your case your daughter converted to islam and married as per Muslim custom.Registration of marriage is a mode of proof of marriage.The Special Marriage Act, 1954 provides for a civil marriage of two Indians, without the necessity of renouncing their respective religion. The Act provide for civil marriage that would enable individuals to get married outside of their respective community mandates, many community based laws did not provide for inter – community or inter – caste marriages. Under the Special Marriage Act, 1954 any ‘two persons’ can perform a marriage. The inter –religious or inter – communal marriages are possible in India only under the Special Marriage Act, 1954. Under the Act a marriage has to be in a civil marriage form, though parties are free to perform any other additional ritual or religious ceremonies if they want to.
So if you would like to do the marriage under HMA act ,No need of divorce . If the groom converted to Hindu his marriage will be null and void. And thereafter they can perform marriage as per Hindu rites and then get the marriage registered under HMA.
Better register their marriage under Special marriage act after conversion.
Firstly you should understand one thing that conversion from Islam to Hindu is a different subject to that of getting married again.
Actually the marriage being solemnised after the original marriage solemnised under any form or mode will just be a formal function.
The marriage already contracted between them under Muslim religious sites is a valid marriage, they don't have to get divorced for the purpose of marrying again, it will be a gimmick and ridiculous.
I think few lawyer did not understand my intentions. let me again explain.I am not against there muslim marriage. I am worried for girls future bz in muslims they can leave the girl though now tripl talak is banned the boy can still do multiple marriages as per muslim law and no hindu girl can stay with 3-4 wifes at same time, thats why to make girl safe and give her power to fight we wish to again marry them as per HMA now how this can be done for that i need experts advice. Since they have already done nikah and girl is converted to muslim with new name they cannot do marriage under SMA also since both are muslim now.
Sir,
If you wish that the marriage should be done as per Hindu rites and rituals then both husband and wife will have to convert themselves to Hindu religion. After that they can do the marriage as per the provisions of the Hindu Marriage Act.
I hope I have answered your concern, let me know if I can be of further help.
Regards
existing marriage can be registered under SMA
2)in such a case husband would not be able to remarry without divorcing his first wife
3) divorce has to be under provisions of SMA only
4) no need to marry her under provisions of HMA
Any marriage proposed to be conducted during the subsistence of earlier marriage between the couple will be invalid in law and it will just be a reception/function post original marriage.
If you keep multiplying such dots ther is n end for all such things in life, because one after the other doubt will keep emerging every day making the life miserable.
so better allow the things to go on in the same fashion as it is moving.