Marriage between a Muslim girl and Hindu boy

Marriage between a Hindu boy and a Muslim girl is governed under Hindu law, Muslim Law, and the Special Marriage Act, 1954. The Personal laws have bearing on issues relating to maintenance, divorce, succession, adoption, etc.

Under Islam, can a Muslim girl marry a Hindu boy in India?

Under Islam, Muslim women are allowed to marry Muslim men or men from the People of the Book (kitabia), which refers to Jews and Christians. However, Islamic law does not allow Muslim women to marry men from other faiths, including Hinduism, unless they convert to Islam. This is because Islam requires that both spouses in a marriage share the same faith, and marrying someone from another faith can lead to challenges in raising children and practicing religious beliefs. In the event of Marriage between a Muslim girl and a Hindu boy under Muslim law, The Hindu boy will need to convert to Islam for the solemnization of the marriage, as the marriage between a Muslim and a non-Muslim is not recognized by Islam. Muslim law contains specific provisions for conversion. A Muslim marriage requires a proposal (Ijab) from one party and acceptance (Qubul) from the other as is required for a contract. Moreover, the consent to the marriage must be free of coercion, fraud, or undue influence.

Under Hindu law, can a Hindu boy marry a Muslim girl in India?

Hindu law does not contain any specific provisions for conversion, only ceremonies like Namakarana Samskaras where an individual adopts a traditional Hindu name or Yajna is held. Religious organization Arya Samaj also offers services for procedural conversion to Hinduism. The Muslim girl could convert to Hinduism and solemnize the marriage according to Hindu rites, which will bring it within the purview of the Hindu Marriage Act.

Legal status of Hindu boy and Muslim girl marriage under the Special Marriage Act, 1954

The Special Marriage Act, 1954 provides for a special form of marriage in certain cases such as between people of different faith and for the registration of such and other marriages, and also for divorce available to all citizens of India married under the Act. A Hindu boy and a Muslim girl could get married under this Act and can also have a wedding performed according to their own religious rites, for their own satisfaction and no conversions are required.

A marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely:

• Neither party has a spouse living:

• Neither party is capable of giving valid consent to it in consequence of unsoundness of mind or

• though capable of giving valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children: or

• has been subject to recurrent attacks of insanity

• the male has completed the age of 21 years and the female the age of eighteen years

• The parties are not within the degrees of prohibited relationship:

• Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degree of prohibited relationship and

• Where the marriage is solemnized in the State of Jammu and Kashmir, both parties are the citizen of India domiciled in the territories to which this Act extends.

Legal status of Hindu girl and Muslim boy marriage under the Special Marriage Act, 1954

Under the Special Marriage Act, 1954, a marriage between a Hindu girl and a Muslim boy is considered a civil marriage, and both parties have to fulfill certain conditions before the marriage can be registered. These conditions include:

• Both parties must be of legal age (which is 21 years for the groom and 18 years for the bride).

• Neither party should have a spouse living at the time of the marriage.

• The parties must not be within the degrees of prohibited relationship.

• Both parties must give a notice of their intention to marry to the Marriage Officer of the district where at least one of them has resided for a period of not less than 30 days immediately preceding the date on which such notice is given.

• The notice must be published for 30 days in the specified manner to invite objections, if any.

• The Marriage Officer must investigate any objection received within 30 days and satisfy himself/herself that there is no lawful impediment to the marriage.

• After the expiration of the notice period, if no objection is received, the Marriage Officer will solemnize the marriage in the presence of three witnesses.

Once the marriage is solemnized under the Special Marriage Act, it is a legally recognized marriage, and the parties have all the legal rights and obligations of a married couple. However, it is important to note that interfaith marriages can sometimes be a sensitive issue in India, and the parties may face opposition or social stigma. It is important for the parties to be aware of the potential challenges and be prepared to navigate them.

Can a Muslim girl marry a Hindu boy without changing her religion?

From an Islamic perspective, a Muslim girl cannot marry a Hindu boy without changing her religion, as Islamic law requires that both spouses in a marriage share the same faith. Therefore, in order for a Muslim girl to marry a Hindu boy, she would need to convert to Hinduism or both parties would need to convert to a different faith that they both agree upon. However, in India, there is a provision for interfaith marriages under the Special Marriage Act of 1954. This act allows individuals from different religions to marry without either party having to convert to the other's religion. The couple can register their marriage under the act, and it is recognized by law. However, the couple may still face opposition from their families or society, and the process can be challenging. It is important to note that while interfaith marriages are legally allowed in India, societal and cultural norms can make such marriages challenging, and it is essential for the couple to carefully consider their decision and be prepared for potential challenges.

Frequently Asked Questions (FAQs)

Q.1 Can a Muslim girl marry a Hindu boy?

A. Yes, a Muslim girl can marry a Hindu boy under Special Marriage Act.

Q.2 Can Muslim girl marry Hindu boy?

A. Yes, under the Special Marriage Act.

Q.3 What is the legal status of Hindu boy marrying a Muslim girl?

A. A marriage between a Hindu boy and Muslim girl under Special Marriage Act is valid and recognised as legal in the eyes of law.

Q.4 Are there any conditions to be fulfilled for marriage between Hindu girl and Muslim girl?

A. Yes, there are certain conditions that need to be fulfilled for solemnisation of special marriages. These include conditions such as neither party has a living spouse at the time of marriage, both parties are capable of giving consent and are of sound mind, the male has completed the age of 21 and the female has completed the age of 18, etc.

Q.5 Can marriage solemnised between Hindu and Muslim parties get a marriage certificate?

A. Yes

Q.6 How many days of public notice is required for marriage under Special Marriage Act?

A. A 30-day public notice of the couple's intention to marry is required by the Special Marriage Act. This is done to invite objections if any.

Q.7 Are there any prohibited relationships under Special Marriage Act?

A. Yes, first cousins - paternal and maternal (parallel and cross) cannot marry under the Special Marriage Act.

Q.8 Can two parties of any religion get married under the Special Marriage Act?

A. Yes, any person, irrespective of religion can get married under the Special Marriage Act in India.

Why do you Need a Lawyer?

Rights and laws related to marriages between individuals of different religions in India can be confusing. In order to get clarity, you can approach a family lawyer. If you have been wronged by someone regarding your rights or property, you can seek legal remedies. A good family lawyer will help you in your legal proceedings at every step of the way. A lawyer will help and guide you in the right direction after understanding the specific facts and circumstances of your case. He/She will draft the required suit/documents/legal notices, will devise the best method you need to undertake in order to get justice, and will also represent you in the courts if need be. Thus, hiring a family lawyer will help you in more ways than one. You can also use LawRato's Ask a Free Question service to get free advice on your legal issue from expert lawyers.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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