• Status of Special Marriage Act post Nikah is solemnised

Hi,

I am muslim man married to a hindu girl for about eight years under Special Marriage Act, 1954. The girl now wants to embrace Islam and have Nikah. Please let me know whether Special Marriage Act will apply to our marriage after Nikah or it will stand null and void? Also, which law (Special Marriage Act or Muslim Personal Law)  will govern our marriage and to what extent post Nikah? Also, what is the way out to make Special Marriage Act null and void or Muslim Personal Law override Special Marriage Act in case Special Marriage Act governs my marriage (wholly or partially) post Nikah?
Asked 11 months ago in Civil Law from Kolkata, West Bengal
Without divorce from the court special marriage act will applicable because legal your wife can not married second time without taking divorce from court.

Nikah can be solemnized due to religious purpose only. 
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) your marriage has been solemnised under provisions of SMA 

2)you would continue  be governed by provisions of SMA  even post nikaah 

3) Muslim personal law cannot over ride provisions of SMA as marriage was solemnised under SMA 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
Hi, as you have already register your marriage under special marriage act so  it will hold good and even thought you have performed your marriage as per muslim law.

2. You can't make Special marriage act null and void now once you register your marriage. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Firstly you have married your wife under special marriage act owing to you bot belong to different religion.
The above confirms that you both are husband and wife and your marriage is subsisting.
As per Muslim personal law, even your wife is getting converted to Muslim by embracing Islam, she can profess Islam and also she can be recognised as your wife.  But, as per Muslim personal law, a man can marry more than one girl and up to four during subsistence of earlier marriages whereas a Muslim woman is not permitted to marry second time while her earlier marriage is still subsisting.  In your case your marriage under special marriage is subsisting hence your wife will not be eligible to perform nikah with yo as per Muslim religious rites without divorce and attaining single status. 
If at all you want to perform Nikah with her as per Muslim religious rites and customs, you have to first dissolve your marriage by a decree of divorce under mutual consent as per the provisions of special marriage act  and can remarry her as per your desire.
The marriage under special marriage will only prevail even if you forcibly marry her under Muslim rites once again.
T Kalaiselvan
Advocate, Vellore
14161 Answers
128 Consultations
5.0 on 5.0
Your marriage under  Special Marriage Act, 1954 is valid untill the divorce decree passed by a court of law. If you want to do a Nikah do it . Nikah is only a religious ceremony, it will not affect your marriage done before 8 years. But conversion is a good ground for divorce 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
You have been married once, so you cannot remarry your spouse unless you first divorce her. Your marriage, unless you divorce her, will continue to be governed by SMA. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
1. You two have already married as per Special Marriage Act,

2. After 8 years of marriage, she ants to embrace Islam and mzrry you again as per Islamic Law,

3. Your marriage will be governed as per Special Marriage Act as you are already married as per the said act when you decided to marry again as per Islamic Law,

4. There is no way by which you can make your marriage as per Special Marriage Act null & void.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0

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