• Court marriage

We are hindu and my daughter had married to a muslim boy against our will. now my daughter(hindu girl) has done nikkah with boy through kazi also.(girl name is changed to muslim name in nikah nama,but they have not married at court yet).
now somehow we have conviced boy to covert to hindu religion and do marriage through hindu marriage act so that my duaghter can be safe from triple talak and multipl marriages done in muslims normally and easily.
But the muslim boy is saying that if he do marriage by hindu marriage act he will lose his minority reservation and benifits. so he says he can marry by special marriage act in which non of them have to change caste.so my question is
1.she has already done nikah through kazi so how can we again do marriage by hindu marriage act or special marriage act(claiming her as hindu only)? will it be valid?
2.If hindu girl marries muslim boy under special marriage act will she be saved in same way like in hindu marriage act(eg: boy cant leave girl without her will or by saying talak 3 times and also boy cant marry another girl while he`s married to one girl etc). 
3.If muslim boy marries under hindu marriage act will he really lose his benifits such as government job reservation? becuase as much i know nobody can change caste just for getting reservation so same should apply here also.
4.I read somewhere that in special marriage act also muslim boy can leave girl just by saying talak 3 times and also he can marry multiple girls at same time because the boy is still muslim and in special marriage act muslim law will be followed coz boy is muslim.
can we trust on special marriage act like we do on hindu marriage act in terms of giving girl all oppurtunities/powers given in hindu marriage act? 
Our only moto is to keep our girl safe now but as boy said we dont want to lose him his minority benifits also because it will help him getting govn job.
so please suggest can we safe our daughter from muslim ritual under special marriage act or not?
shall we force boy to marry under hindu marriage act only even though he may lose his job reservation under minority?
Please please my humble request to revert each point i asked in brief as we are very tensed at present.
Asked 8 years ago in Family Law
Religion: Hindu

8 answers received in 1 day.

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9 Answers

Hello,

1) There's no impediment to marry under provisions of Special Marriage Act even if they are married through a nikah. Divorce will always be governed by provisions of the the Special Marriage Act.

2) He will have to get a divorce from a court to be able to marry again. The provisions are meant to help people marry inter religiously without having to lose their original status.

3)A change of religion can cause him to lose his benefits rising out of minority status.

4) Once they are married under Special Marriage Act, triple Talak will no more be applicable.

5) It's highly advisable to allow them to marry under provisions of Special Marriage Act and stop worrying much and interfere much in the decision of two adult individuals. The more that you insist about a conversion the more you end up imposing conditions in the relationship and tension and misunderstanding in their lives and these can become counterproductive.

S J Mathew
Advocate, Mumbai
3595 Answers
175 Consultations

1) since marriage has already taken place by nikaah they cannot remarry under HMA or SMA

2) girl has already converted to Islam . For valid marriage under HMA both parties have to be Hindus

3) if marriage had taken place under SMA husband cannot divorce his wife as per Muslim personal law

4) if Muslim converts to Hinduism he would not be entitled to any benefit available for Muslims

Ajay Sethi
Advocate, Mumbai
96806 Answers
7811 Consultations

1. Your daughter has already been converted to Islam and has married as per Mohmedan Law for which you can not arrange his further marriage as per Hindu Marriage Act. For marrying under Special Marriage Act she should take talaq from her husband now and get reconverted to Hinduism and then get married only as per Special Marriage Act. She can not get married as per Hindu Marriage Act since her husband is still a Muslim.

2. If she marries as per SMA only and not as per Mahmedan Law, no tripple talaq will be applicable on her but her husband will be entitled to marry three kore times since he still stays as a Muslim.

3. Muslim boy can not marry as per Hindu Marriage Act without converting him to Hinduism and if he becomes Hindu, he will loose the benefit offered to minority community though the said benefit is not much.

4. A Muslim boy can leave his Muslim wife by pronouncing triple talaq. If the marriage is under special marriage act, he shall have to divorce his wife as per SMA and not as per Islamic Law but can marry 4 times in total since he is still a Muslim and as per Islamic Law 4 marriages in total are allowed.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

1.she has already done nikah through kazi so how can we again do marriage by hindu marriage act or special marriage act(claiming her as hindu only)? will it be valid?

Once a couple got married to each other in any form and have planned to marry once again as per customs, then it may not be termed as marriage instead it can be treated as just ceremonies or functions which have no legal validity.

2.If hindu girl marries muslim boy under special marriage act will she be saved in same way like in hindu marriage act(eg: boy cant leave girl without her will or by saying talak 3 times and also boy cant marry another girl while he`s married to one girl etc).

Once her marriage has been solemnised as per Muslim religion rites, then the subsequent marriage under special marriages act shall not be held valid.

3.If muslim boy marries under hindu marriage act will he really lose his benifits such as government job reservation? becuase as much i know nobody can change caste just for getting reservation so same should apply here also.

For marriage under Hindu marriages act, one has to be a Hindu or convert himself into Hindu. If he loses his minority status on such conversion then he may not be eligible for any benefits that were available to him during the status as Muslim.,

4.I read somewhere that in special marriage act also muslim boy can leave girl just by saying talak 3 times and also he can marry multiple girls at same time because the boy is still muslim and in special marriage act muslim law will be followed coz boy is muslim.

You have been misinformed about the law and its provisions in this regard, it is not so.

T Kalaiselvan
Advocate, Vellore
87007 Answers
2335 Consultations

1. If she converts to Hindu then the marriage will not stand and no registration under Hindu Marriage Act is possible.

2. She can remain Muslim and register the marriage under Special Marriage Act. This will ave her from triple talaq.

3. Marriage under HMA is not possible at any circumstances.

4. In marriage under Special Marriage divorce can not be done through triple talaq.

5.So proceed to register the marriage under SMA.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

husband can divorce his wife as per muslim personal law

2) then both convert into hinduism

3) marry under provisions of HMA

4) in the alternative after divorce as per muslim personal law girl reconverts into HInduism and boy continues to be muslim and they can marry under provisions of SMA

Ajay Sethi
Advocate, Mumbai
96806 Answers
7811 Consultations

Without conversion of boy to Hinduism and reconverting your daughter to same religion you can not register under HMA.

To register under SMA only conversion of your daughter to Hinduism is enough.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

1. Solemnization of marriage is important and a marriage solemnised by following the rituals as per th religion of the parties, then it is considered to be a legally valid marriage. Registering the marriage before the marriage registrar is a mere formality for the purpose of passport and visa etc and other local issues.

2. They cannot marry again and anything done in the name of marriage after a proper solemnisation of marriage can be treated only as a formal ceremony or reception after marriage.

3. The law canot be bent to your choice or desire.

Suggestions were given properly, now it is you who have to decide based on the opinions and suggestions rendered by various experts.

T Kalaiselvan
Advocate, Vellore
87007 Answers
2335 Consultations

1. You shall have to accept the fact that she has been converted to Islam for conducting the marriage since marriage of a Muslim boy can take place as per Islamic law only with a Muslim girl. You shall also have to accept that the marriage as per Islamic law has already been recorded by the Quazi and that marriage is a valid marriage and during the pendency of the said valid marriage, your daughter can not marry again as per SPA. So, for marrying as per SPA, she shall have to be free from any matrimonial tie for which I hasd suggested her to take triple talaq from her husband to become free for marrying her husband again as per SPA. Meantime, she shall have to get converted to Hinduism otherwise she shall have to undergo Iddat.

2. How many times they will marry? They have already been married as per Islamic law which has been certainly been registered by the Quazi which may please be verified.

3. For marrying as per Islamic law, both the parties are required to be Muslim. Similarly, for marrying as per HMA, both the parties are required to be Hindu. So, get both of them transferred to Hinduism to avoid him to pronounce triple talaq and/or marry 4 times since after getting converted to Hinduism, he can follow Islamic law.

Krishna Kishore Ganguly
Advocate, Kolkata
27453 Answers
726 Consultations

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