• Hindu/Muslim marriage

I am a 29yrs old hindu guy. Want to marry a 26 yr old muslim girl.. Her family is not agreeing, Want to Proceed with Court Marriage. Please help how to proceed so that they can't marry her elsewhere...
Asked 8 years ago in Family Law
Religion: Hindu

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11 Answers

You are at liberty to marry your girlfriend under provisions of special marriage act

2) notice of intended marriage has to be filed with Marriage Registrar .. That notice is required to be published for the stipulated 30 days. At the end of the 30 days the Marriage Registrar is free to perform the marriage.

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Hi, you can marry her before a marriage registrar under special marriage act .. You need two witnesses from each side ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

A marriage between two different religious person can be solemnized under special Marriage Act. Generally marriage solemnized under the special Marriage Act is called court marriage. You have to prefer an application for marriage and publish a public notice in any daily newspaper thereafter you should appear before the marriage registrar for registration of your marriage. If no objection has been filed before the marriage registrar within 30 days from the date of publication of that public notice then the registrar will issue a marriage certificate.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

If you think that any criminal litigation can be initiated against you from the bridal side so you should prefer writ petition before the high court under article 226 of the constitution of India for getting protection order. The high court shall issue a writ of mandamus and direct the police authority that do not arrest you in pursuance of the FIR registered against you under different sections of the IPC like for the offence punishable under section 363  of the IPC.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

If both of you agree then cnsent or no consent of respecitve families do not have any legal consequense.

So you can apply for registration of marriage under Special Marriage Act and after 30 days it can be registered.

Only age and address proof is required for the sme and 2 witnesses.

To register under Special Marriage Act no conversion of religion is necessary.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. You can then marry under SMA, by doing which you can retain your respective religions.

2. After marriage you can apply for protection in the High Court through a writ petition so that you are not embroiled in false cases of abduction.

3. If she has been held by her parents against her will and you have an apprehension that they may marry her off to someone else then file a writ of habeas corpus in the High Court.

4. If you marry under SMA then none of you has to convert.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You needn't convert to Islam. Infact, both of you can retain your respective religions and get married under the Special marriage act.

Approach the Registrar of Marriages(SMA) and fill up the concerned form together with the intended notice of marriage.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

You two being major are eligible to get the marriage registered under the provisions of the hindu marriage act.

In the same a notice of intention is filed followed by a procedure which takes 30 days time.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You do not need to convert if you are marrying under the provisions of the special marriage act.

Let me know if I can be of further help, I have a dedicated team working in this field in Delhi.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Since you both belong to different religions, you can get married under the provisions of Special marriage act.

You may visit the registrar's office and enquire the formalities in this regard.

Dont worry about her father or family's objection to this, if she is firm and has given her consent to this, you can go ahead.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Do I,being a hindu guy need to convert to Islam to marry her?

Under the provisions of special marriage act, you both can profess your own religions, there is no restriction to this.

If you do not want to convert to Muslim religion there is no compulsion on you for this.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

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