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RI got married according to Muslim rites on 26th August, and our Special Marriage Act appointment was on 31st August. However, after an investigation by a lawyer, it was concluded that our court marriage is invalid because we were already married. The lawyer advised that we should now register our marriage under Muslim law. Does anyone know the process for this? Also, do both parties need to be present in person?
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QI think you can marry again in SMA. you can have a agreement that in case of dispute, SMA will prevail.
I saw few couples, already married, marrying again in SMA.-
RUnfortunately the German embassy did a investigation and said it’s not valid since we were already married.
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QWait, in Germany, you can directly go to municipality and submit the apostille marriage certificate. If they say , they will consider first marriage date, it shouldn’t be issue.
I don’t know your state but you can approach local municipal office, they will do it within a day(if bribed, immediately) .
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NYou need to register your marriage with the local municipal office by showing marriage proof- nikah nama, wedding photos , invitation card and 3 witnesses need to be present along with both of you.
Your lawyer is right, as for SMA you both need to be unmarried and will need to not disclose about your nikah. Also if you register under SMA that invalidates your nikah in the sense that legally you will be governed under SMA for divorce and not by Mohammedan law. If you want to remain governed by Muslim law then you should register it with the local municipal office.
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