• Interfaith marriage - Hindu groom and Christian bride

I am a 28 years old hindu male, resident of Panvel, Navi Mumbai; My would be wife is 28 years old Catholic christian, resident of Panvel, Navi Mumbai. We plan to get married in the month of November 2021 in Mumbai. 

My queries are as follows:
1. Is it true that the marriage can only be solemnized under the Special Marriage Act?
2. My wife wants a wedding in church, I don’t want to change my religion. Is it mandatory to register under Christian marriage act?
3. What are the legal complications I would face in the future if we are getting our marriage registered under Christian marriage act without me converting to Christianity ? 
4. Can you register under Special marriage act after church wedding?
5. If so, I would like to know the process (pre-requisites, location, any concerned who can be reached out to) to carry out the same in Mumbai City.
6. What would be the quickest way to obtain the marriage certificate after the registration of marriage?
Asked 4 years ago in Family Law
Religion: Hindu

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11 Answers

1. The marriage performed under the Special Marriage Act, 1954 is a civil contract and accordingly, there need be no rites or ceremonial requirements. Since your would be wife is a Christian the marriage cannot be solemnized either under Hindu Marriage Act or Christian Marriage Act.

2. The wedding ceremony can take place in a church and/or according to Hindu rituals, but the marriage cannot be treated as solemnized unless both of you either convert to Christianity or Hinduism prior to the ceremony. The marriage can only be under SMA.

3. It cannot be registered under Christian Marriage Act unless both of you are Christians.

4. After a religious ceremony in Church or Vedic Ceremony you can marry under SMA.

5. You need to apply to the marriage registrar appointed under SMA for the solemnization of marriage.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Since you belong to different religions marriage should be solemnised under provisions of SMA

 

2) not mandatory to register under Christian marriage act 

 

3) since you are Hindu marriage with your fiancée under Christian  marriage act would not be valid 

 

4) after marriage under SMA you would get the marriage certificate 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. Yes, the marriage can only be solemnized under the Special Marriage Act between different religions. 
Special Marriage Act is made for this purpose only.

2. For a wedding in church, both have to Christians.
If you convert then only marriage in church is possible.
it will be registered under Christian marriage act after church wedding.

3. Christian marriage act without converting to Christianity is not possible .


4. You have to do court marriage to get it registered under Special marriage act.
You can do both church or temple wedding after converting.

5. Total 3 witnesses.
Valid age.
Address proof
are pre-requisite


6. marriage certificate is given immediately after the registration of marriage.

Ankur Goel
Advocate, Bangalore
454 Answers

1. Since it's inter-religious marriage and the couple wants to continue their faith on their born religion, without converting to other's religion, the marriage can only be solemnised between the two under the Special Marriage Act.

2.  There's no need to change your religion for getting married in a Church and it's not mandatory to register the marriage except under Special Marriage Act.

3.  Registration of marriage under Special Marriage Act is enough.

4.  Yes, it's possible for you to get the marriage registered under the Special Marriage Act, after Church wedding.

5.  Photo ID Card, 6 Marriage photos, Invitation Card, 3 Witnesses ,, address proof, etc are required.

6.  The quickest way to obtain the marriage certificate is to apply for it one month in advance, before the marriage, in the jurisdictional Sub Registrar's Office

 

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

Yes that is true if you both don't want to change your religion.

You may wed as per your wife's/family wishes but marriage and registration can only be done as per the special marriage act as you haven't changed your religion.

That would be a lie and you could be prosecuted for lying under oath.

Yeah you can as you haven't changed your religion.

Under the Special marriage act it is not merely registration but the marriage is solemnnised by the marriage officer.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Dear Sir,

1) Yes interfaith marriage should be registered under special marriage act.

2) No having a church wedding does not make it mandatory to register under christian marriage act.

3) You should register under special marriage act as the same will also deal with the ancillary issues such as divorce.

4) You can register under special marriage act even after a church wedding.

5) First step is to give notice in writing to the “Marriage Officer” of the district in which at least one of you have been residing for the last 30 days. [Section 5, SMA] The marriage is supposed to be scheduled within three months from the date of the notice.

6) After solemnization of marriage under SMA you would be given the the marriage certificate.

Thank you

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

1. Yes, incase both of you wish to retain your respective religions. In any other form of marriage, one of you will have to convert to the other one's religion. 

2. It will be a Court marriage under SMA. 

3. It won't be recognized. you will have to legally change you religion by way of executing a religious conversion affidavit.

4. Let it be a Court wedding first and then a symbolic church wedding.

 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. Yes, the marriage can be solemnised and registered under Special marriage act only.

2.  You being a Hindu, the registration of marriage under Christian marriage act is not legally valid.

3. Since such marriage is not legally valid,  there is no recognition  by law for this marriage and each other cannot claim any marital rights  since the marriage itself is null and void.

4. Yes, you can do that by following the procedures as laid down in the provisions of special marriage act.

.

5. You can consult a local advocate and clarify the details in person.

6. The above answer is suting to this question too.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

1. Yes or unless either of you convert to another religion.

2. No . The  register under Special Marriage Act then perform respective rituals.

3. It would ve void marriage without conversion of your religion.

4. No.It has to be only registration.

5. Contact a local Marriage Registrar.

6. sae as above.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. Yes, as you both are from two different religion

2. No, you can register your marriage under the special marriage Act without a Christian or Hindu marriage. 

3. Only marriage under a special provision is not enough to become the follower of that religion , hence without converting into Christian religion , your marriage would be not legal . 

4. Yes,

5. You can take help from a local advocate for the same.

6. Certificate generally issued within a week of registration of marriage , however it can take at least 30 days time .

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. If you or she converts in to Christianity or Hinduism then you can marry either as per Christian Marriage Act or Hindu Marriage Act. If none of you want to chan ge your religion then you shall have to marry as per Special Marriage Act.

 

2. Marriage of Christians only take place in Church and as per Christian Marriage Act.

 

3. Without getting converted in to Christianity, you can not marry as per Christian Marriage Act. Similarly without her getting concerted in to Hinduism, she can not marry you as per Hindu Marriage act.

 

4. Church will not allow any weeding of a non Christian in the Church. However, if she can arrange for a formal weeding in the Church and also a registration of marriage as per Special Marriage Act, there, then ther should be no problem.  If you register your marriage as per Christian Marriage Act being a Hindu, the said marriage will be legally invalid.

 

5. Search for Marriage Registrar in your area  to engage him for registering your marriage as per Special Marriage Act.

 

6.It might take 2 to 7 days depending on the amount you pay to the Marriage Registrar.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

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