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Can we do Nikah and also marry under Special Marriage act, any problem
14-Feb-2023 (In Divorce Law)
I am a Muslim girl wanting to marry a Hindu boy. My parents have made it clear that they will not have us married without a Nikah. Boy's side has agreed to Nikah, but on one condition - they want to do a marriage under the Special Marriage Act also. If Nikah is done before SMA marriage, then which one of the two will be considered legally legitimate? Our marriage certificate will be issued as per Nikahnama (if Nikah is done first) or will it be issued as per SMA (if court marriage is done later, after Nikah) ? Please also advise on inheritance and divorce laws in the above case. Thanks
The marriage may be solemnized in any form which the parties may choose to adopt:
Provided that it shall not be complete and binding on the parties unless each party says to the
other in the presence of the Marriage Officer and the three witnesses and in any language
understood by the parties,- "I (A) take thee (B), to be my lawful wife (or husband)".
So go ahead with Nikah, but immediately take an appointment at the court and get it registered.
Incase of any clarification, please feel free to contact.
38+
Adv. Pragya Wazir
Delhi | 100+ Answers
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