Married under Muslim and Special Marriage Act both

My wife and I submitted a 30 day notice to marry under the special marriage act then did a nikah ceremony after 3 weeks. Then, 10 days later, we got married under the special marriage act and got another certificate. Which of the 2 certificates has a legal standing in India?

Answers (5)

151 votes

if both the spouses were muslim at the time of marriage then a nikah has same legal standing as of marriage under the special marriage act 1954. non the less marriage under the special marriage act is legally valid hence this certificate of marriage is valid for the other purposes also.

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75 votes

Both the certificates have a legal standing in India.
As far registration of Muslim marriage is concerned, it can be registered under the State Marriage Registration Act of the State where it was solemnized and parties resides or under the Special Marriage Act,1954 anywhere in India where the Parties to marriage reside for not less than 30 days.
Thus, both the certificates are valid.

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63 votes

Both has a legal standing but you will be governed by Special Marriage Act in every aspect. It basically means surrendering your right to be governed by Muslim Marriage Act and all the other Muslim laws and be governed by Special Marriage Act.

165 votes

Both certificate are valid in India . According to Muslim law, A nikahanama is a valid proof of both parties and according to special marriage act, a marriage certificate is also a valid proof. so don't take tension. Now you have two valid certificate to proof your marriage.

199 votes

Special Marriage Act will survive, you will be treated under special Marriage Act provision. And now you will be govern by this Act only. Your nikah will not be treated legally valid becoz you have already overruled it.

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