• Query on second marriage

I am muslim lady seperate by talaq 8years ago, after that my husband got married second time and given divorce to second wife also, now I want to marry a hindu what is the procedure i have to follow , i have two children both are majors
Asked 1 year ago in Civil Law from Narasaraopet, Andhra Pradesh

1) you can get married under provisions of special marriage act if you dont want to change your religion

2) if you are willing to convert then you can get married under provisions of Hindu marriage act

3) for marriage under SMA 30 days notice of intended marriage has to be given

4)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
69070 Answers
4155 Consultations

5.0 on 5.0

You can marry under Special.marriage act with the registrar of marriage without both parties converting your faith,.

You have to give a written notice before registrar of marriage intending to marry the registrar shall publish notice of 30 days.

After 30 days notice period the marriage shall be solemnised by resgistrar and you will be given certificate of marriage.

For documents you need to furnish

I'd cards,photograph

Adfidavit for marriage,

Affidavit of your divorce

And residential proof.

Shubham Jhajharia
Advocate, Ahmedabad
20927 Answers
81 Consultations

5.0 on 5.0

Dear Madam,

You can marry without any hurdle under the provisions of Special Marriage Act.

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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

Kishan Dutt Kalaskar
Advocate, Bangalore
4694 Answers
134 Consultations

5.0 on 5.0

1) If the Hindu person is single or married?

2) If he is single than you can go for marriage with Hindu person and get married under Special Marriage Act.

Ganesh Kadam
Advocate, Pune
8268 Answers
69 Consultations

4.9 on 5.0

Dear,

This is a good decision you are taking.

You can easily marry with a Hindu boy by following ways-

1- Under Muslim law - The Hindu boy will need to convert to Islam for solemnization of the marriage, as the

marriage between a Muslim and a Non- Muslim is not recognized by Islam. Muslim law

contains specific provisions for conversion.

2 - Under Hindu law - Hindu law does not contain any specific provisions for conversion. The Muslim girl could

convert to Hinduism and solemnize the marriage according to Hindu rites, which will bring

it within the purview of the Hindu Marriage Act.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Hi

1) A marriage between a Muslim Lady and a Hindu should be registered under Special Marriage Act.

2) Since you were separated from your husband under Islam Personal laws(Talaq), it is a valid divorce in accordance to law and hence you are free to marry a person of your choice under law (both Islam Personal law and under Special Marriage Act.

3) You will not need any authorisation/consent/approval from any person (including parents/major children) to marry again any person of your choice.

The following are the essential conditions to be fulfilled for the registration of the marriage under Special Marriage Act.

1. Neither party has a spouse Living

2. Neither party is an idiot or lunatic

3. Bridegroom has completed the age of 21 year and the Bride has completed the age of 18 years

4. Both the Bridegroom and Bride are not within the prohibited relationship

PROCEDURE FOR REGISTRATION OF MARRIAGE

1. Persons belonging to different relations and faiths can have their marriage Solemnized under this Act.

2. Marriages performed under other forms can also be registered under this Act.

3. The persons intending to register their marriage have to give notice thereof in writing in Triplicate in forms specified under second schedule under Section 5 to the marriage officer of the District in which at least one of the parties to the marriage have reside for a period of not less than 30 days immediately preceding the date on which notice is given.

4. After the receipt of the notice the marriage officer shall enter a true copy in the marriage notice Book and shall cause the notice to be published in the notice board of his office and also see that the notice is published in the office of the marriage Registrrsa in whose District the parties are permanently residing.

5. Any person before the expiration of 30 days may make an objection that the marriage contravenes the essential conditions noted above.

6. After the expiry of 30 days of notice the Sub-Registrar shall register the marriage after the Bridegroom and Bride sign a declaration in form specified in the Third Schedule in the presence of three witness and they should utter in the language known i(a) take the (b) I take b) to be my lawful wife.

7.The parties may choose any other form like exchanging the Garlands ….etc apart from the above

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
1681 Answers
312 Consultations

5.0 on 5.0

Dear Madam, if you have got divorce from first husband, you have to entitled to marry, in your matter, if Hindu husband accept you and your situations it will happen with you, this type of marriage come under special marriage act. (inter cast marriage).

C. V. Jadhav
Advocate, Bangalore
543 Answers
16 Consultations

4.7 on 5.0

Your desire to marry another person is your own decision, there is no law forbidding you from going ahead with your this proposal.

There is no illegality in it since you are a divorced woman.

If you still remain a Muslim then you may have to contract the marriage with a Hindu male under the provisions of special marriage act.

T Kalaiselvan
Advocate, Vellore
58912 Answers
747 Consultations

5.0 on 5.0

The only thing your future husband having a good capacity to maintain you and your children

Prabhakaran Vasudevan
Advocate, Chennai
17 Answers
1 Consultation

4.0 on 5.0

Dear Client,

Inter caste marriage held under special marriage act, Court marriage. Apply to collector office, one month notice period than SHADI.

Yogendra Singh Rajawat
Advocate, Jaipur
14624 Answers
19 Consultations

4.6 on 5.0

If you get divorced from 1st husband than you are free to solminized marriage but you have to perform according to special marriage act

Saurav Khullar
Advocate, Mohali
45 Answers

4.0 on 5.0

You would need a talaqnama issued by local quazi or any other documentary evidence to remarry

It is better you convert to Hinduism and get married

Your children are Muslims and cannot be adopted by your second husband.

For valid adoption deed of adoption is necessary and consent of biological father is necessary .

Ajay Sethi
Advocate, Mumbai
69070 Answers
4155 Consultations

5.0 on 5.0

The talaq whether oral or by a written talaknama, your marriage is dissolved as per Muslim personal law of Shariat law.

The children will remain in your custody if he has not been granted custody by a court of law.

Of course, in any event, he will be the biological father of the children.

If you want to marry a Hindu male, you may have to get it solemnised by the provisions of special marriage act only

T Kalaiselvan
Advocate, Vellore
58912 Answers
747 Consultations

5.0 on 5.0

Special Marriage Act is best option for you.

Ganesh Kadam
Advocate, Pune
8268 Answers
69 Consultations

4.9 on 5.0

Special marriage is only option, except on conversion into Hindu than Under Hindu Marriage Act.

Child have no inheritance or right in new father unless not adopted by registered deed. Till real father is legal guardian and actual father.

Yogendra Singh Rajawat
Advocate, Jaipur
14624 Answers
19 Consultations

4.6 on 5.0

Special marriage act as under hindu marriage act both should be hindu and there is no provision for as such lawful conversion into hindu.

Also since in muslims oral divorce is valid give an affidavit to the effect.

Shubham Jhajharia
Advocate, Ahmedabad
20927 Answers
81 Consultations

5.0 on 5.0

You can get married to him through special marriage Act. You need to register and then you can get registered marriage solemnised.

Prashant Nayak
Advocate, Mumbai
14541 Answers
25 Consultations

4.6 on 5.0

Dear Madam, this type of marriage having legally under Special Marriage Act. Your children having rights over the property of their natural father. They are legal heirs of their natural father.

C. V. Jadhav
Advocate, Bangalore
543 Answers
16 Consultations

4.7 on 5.0

1) Both you children are major so they will remain in their Biological father's religion i.e. Muslim.

Ganesh Kadam
Advocate, Pune
8268 Answers
69 Consultations

4.9 on 5.0

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