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UHey guys, so after almost two years of trying to convince our parents boyfriend (29M) and I (26F) have decided to get a court marriage/register marriage done. The primary issue being, he is Muslim and I’m Hindu. We have both had multiple conversations with our respective parents and with each other’s and they aren’t ready to budge at all, so this is our last resort. I have a couple of queries regarding how to proceed
How does the legality behind this work? Neither of us are planning to convert, so I assume this will be register under the special marriage act?. I am not sure how many people I should bring along? There are people to sign for legal purposes on both our parts, but it should be alright if I invite a few others, right?
The second is, what are the practical implications of this? I know for a fact that things will turn sour with both our families but they wouldn’t go out of their way to harm us or anything like that. So that isn’t a concern. But besides that anyone who has been through this who would be able to advise on the other aspects of how thing might play out? I just want to prepare for the worst.
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ENot a lawyer
Got this article
I know a family with this situation, the girl was hindu and the man was muslim. They got married against both of the families wishes. Later the man faced repercussions as he followed muslim religion but his marriage was invalid under their personal law and hence was stunned by his religious community. Ultimately he left the girl and married Muslim girl. The Hindu girl was left alone to raise two kids.
Another case I know of is, the man is muslim and girl is hindu. But they are living their life comfortably. Both and working and are in good mind level positions.
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NThis Madhya Pradesh judgment of Sarika Sen is totally perverse and legally incorrect. The judge has incorrectly relied upon a judgement of Mohd Salim Vs Shamsuddin wherein the facts are totally different as that was a pure case of marriage under Muslim laws and not under special marriage act , but the petitioner in this case (Sarika Sen) got married under special marriage act. If she appeals to Supreme Court it will easily get reversed but it’s sad to see no news on this case after this terribly wrong judgment.
States that UP, MP and Gujarat have gone from bad to worse when it comes to freedom of religion and inter faith marriage. So many of them have enacted this rubbish anti conversion laws wherein they unnecessarily arrest couples on mere suspicion of conversion and then these couples have to prove in court that no conversion took place etc. Extremely disheartening to see this misuse and abuse of power by the courts, judges and especially police to dissuade inter faith marriages which are actually the need of the hour to end the communal divide we are currently facing.
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NLawyer here and I have also had an inter faith Hindu Muslim marriage some years back. For getting married under special marriage act, you need to first give 30 days notice to the marriage registrar of your intention to marry. The jurisdiction lies at the office of registrar nearest to your residence of any one of you. You need to submit photos, address proof and ID proof. The witnesses are not required at this stage, you both just need to submit your documents along with a form. Speak to an agent to help you facilitate this process. The marriage date can be fixed after the expiry of this 30 day notice period but it must take place within 90 days, otherwise you need to give a fresh notice of intention. You will need 3 witnesses at the time of registration. They do allow more guests to attend the ceremony at the marriage registrar office and often the couples dress up in proper wedding attire. You will be expected to arrange for 2 garlands for the varmala ceremony and wedding rings and/or mangalsutra is optional.
The problems you may face depends on which state you live in as certain states have passed anti conversion laws and are very strict to implement it. If your parents/ family members complain to the police then the police would readily take the FIR under the anti conversion laws in such states as there is a strong anti Muslim sentiment in many states. However the allegations can be debunked by showing that you got married under special marriage act which is a secular law and that no conversion took place. If something like this happens you will be required to hire a lawyer to protect your husband from arrest.
We live in such strange times and I don’t mean to scare you but there are so many fake cases filed by parents / families under these anti conversion laws nowadays…as lawyers we read about these cases often where the court is required to quash the FIR. It would be better if you both move abroad or at least to a metropolitan city. Good luck and best wishes to you both !
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UHey, my friend is planning to marry a muslim guy she’s known for years. Now the issue is guy’s family wants to have muslim wedding (before getting registered under special marriage act)for the sake of their family in which my friend is planning to give fake signatures /no documents…so that it doesn’t tie back to her in any way.
Can having a muslim wedding of this type can have any repercussions?-
NLet them not do any religious ceremonies before the special marriage act registration. Because doing nikah before would mean they are already married under Muslim law and then technically they cannot get married again under special act as you are supposed to declare that you are unmarried (many do it but it’s wrong) After registration under special marriage act they can do any ceremony as a formality and then it doesn’t count legally.
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UNot a lawyer. But how badly do you need to be married? It also depends on how important your family is to you and whether you want a relationship with them. If you do want to have a good life with them, and not be constantly thinking about their disapproval, I’d suggest you wait and refuse to get married anyone else. Tire them out so one day they’ll approve.
On the other hand, if both your families are terrible people and you want nothing to do with them, you can go ahead with the marriage
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UWe have waited for two years now and waiting any further means that our parents might start looking at other alliances and we both want to completely avoid that. Moreover, we plan on moving abroad next year, which is why we want to sort it out ASAP. Our families are not terrible people by any means, they are just very apprehensive about the other side.
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BHey OP, Dont listen to any Non-Lawyers here please.
They are giving their (biased) opinion, not advice.I know you have already carefully considered what can go right and what can go wrong after this. They speak as if you haven’t considered this already.
Legal process-wise, u/Dangerous_Lecture624 has given valuable information. If anything, you (or I) should request him to share some information on challenges in life of an inter-faith couple, that they have faced.
Other than that, i just have to say convince parents some more either before or after marriage. At some point you will miss them and may regret not having them in your life.
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