Hindu-Muslim marriage

[Silentmaster2602]

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Silentmaster2602
PARTICIPANT
March 14, 2025 at 12:46 am

A Muslim woman married to a Hindu man, both didn’t convert and had religious ceremonies (Nikah and Muhurtham). The marriage is not registered under Special marriage act. Now, things have hit the roof and they are getting divorced legally.

Is this marriage void? What is the status of the kids from this marriage? Who gets their custody and guardianship? They have 2 daughters (4&11 YO)

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[Epictiger5917]

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Epictiger5917
PARTICIPANT
March 14, 2025 at 12:50 am

How are they getting divorced if they were never married legally ?

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[Silentmaster2602]

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Silentmaster2602
OP
March 14, 2025 at 12:52 am

The question of divorce only arises because of the children’s custody. It is still not clear if they qualify for a divorce/degree of annulment or a certificate of nullity.

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[Happyshark11]

H

Happyshark11
PARTICIPANT
March 14, 2025 at 6:35 am

The marriage is void as registration is a requirement under the Special Marriage Act. However, children born from it are deemed to be legitimate. Custody will be granted based on decision of the court prioritising welfare on the children.

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