• Urgent help: Muslim personal vs Special marriage Act 1954


I being a Muslim girl and My husband being a Muslim got married as per a shariath muslim law(Muslim personal law-Nikah) 4 years back  in my native Tamilnadu and same is registered under the Tamilnadu registration act 2009. Now i want to register the said our marriage under the "Special Marriage Act 1954". I want to know which law will govern our marriage finally regarding validity of my marriage? 
Please expalin the legal poitions on this regard

I have few doubts to be clarified.My doubts are as follows

1) Can the musilm married couple register their marriage under Special Marriage act 1954?

2) After registration under this special marriage act 1954, can the Muslim personal law (Shariath law) prevail over the Indian penal code provisions regarding second marriage?

3) After registration under this special marriage act 1954,whether the special marriage act 1954 is applicable for our marriage or our muslim personal law dominate?

4)After registration under this special marriage act 1954,Can a muslim husband perform a second marriage by applying muslim personal law?

5)What are all the procedures and documents required to register the marriage which was already registered under the shariath law and Tamilnadu registration of marriage act 2009?

5) Currenly we are living in bangalore and can we register our marriage under this 1954 act in bangalore city itself?

6)After getting registration done on special marriage act, Which law governs regarding property inheritance?

7)What is the legal positions regarding a muslim couple married under muslim law (Nikah),Subsequently the said marriage registered under the tamilnadu registration act 2009 and subsequently registered under Special marriage act 1954?Regarding Validity of marriage and porperty inherience ?

Kindly clarify my doubts with relevant court rulings

Thanks in advance
Asked 2 years ago in Family Law from Chennai, Tamil Nadu
Religion: Muslim
1) Muslims can register marriage under SMA 

2) one marriage is registeted under SMA provisions of Muslim personal law would not prevail 

3) your husband cannot remarry unless he has obtained divorce from you 

4) since marriage was solemnised in  Tamil Nadu you should register marriage in Tamil Nadu 

5) the identity and address proof of husband and wife , nikhanamma , 3 witnesses along with their identity and address proof would be necessary for registration of marriage 

6) in case marriage is regd under special marriage act Muslim personal law will not determine succession 

7) succession would be determined by provisions of Indian succession act 
Ajay Sethi
Advocate, Mumbai
45663 Answers
2684 Consultations

5.0 on 5.0

Muslim couples always prefer to do their marriage in halal way to legalize the marriage as required by Shariah law and they will not show any interest to register the Nikah legally. But marriage registration is Compulsory for Muslim in Tamilnadu and all Muslim Nikah solemnized in Tamilnadu must be registered compulsorily under Tamilnadu Marriages Act 2009. After implementation Tamilnadu Marriages Act 2009 , Muslims can register the marriage within 150 days in one day process. There is no ban for registration of marriage those were solemnised even before the particular Act came in existence as the main purpose of enacting such Compulsory Marriage Registration Acts by various States in India was done after the Specific Order of the Supreme Court of India in Smt. Seema vs Ashwani Kumar of 2006, was that there should exist valid record of the solemnisation of marriage with the government authorities that can be used as proof of marriage by the parties anywhere including the courts in India. All marriages, irrespective of religion or caste, if not registered within the prescribed time or any person who makes any statement which is false in material or particulars or contravenes any provisions of this Act, on conviction, will be punished.

1. It can be registered under Tamilnadu registration act 2009 even now.

2.  The provisions of IPC will  not prevail over Muslim personal law in terms of second marriage during subsistence of previous marriage. Law cannot interfere in Muslim personal law.

3.  The registration of marriage under special marriage act will not deprive the original rights of the individuals as they are entitled as per their religion.  This has got nothing to do with the personal law provisions..

4.  Yes.

5.  You can visit this website which will give you the details http://www.tnreginet.net/ or you can visit a local registrar office and collect the details and forms in person.

5.  You may not be eligible to register the marriage in Bangalore which was solemnised in Tamilnadu.

6.  Your own Muslim personal law.

7.  You are repeating the same question in different form however the answers will not change, you may see the answers given above i this context.

T Kalaiselvan
Advocate, Vellore
35828 Answers
390 Consultations

5.0 on 5.0

Once the marriage has been registered under one law prevailing in the state it cannot subsequently be registered under Special Marriage Act. So only the Muslim Personal Law as provided in Shariat will apply in your marriage, 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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