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Author Topic: inter religion marriage  (Read 375 times)

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Offline JIv

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inter religion marriage
« on: September 25, 2016, 02:40:08 AM »
Sirs, may I get information regarding inter religion marriage .what will be most legal way of inter religion marriage. Whether it affects huf share.

Offline advjaibansal

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Re: inter religion marriage
« Reply #1 on: September 25, 2016, 11:40:15 PM »
Dear Sir,

You may perform your marriage under special marriage act. Please visit the concerned sub-registrar of marriage office in your area to find the procedure and collect the forms and formats of affidavits and supporting documents. Marriage may never affect your share in your property.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline JIv

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Re: inter religion marriage
« Reply #2 on: September 26, 2016, 06:57:41 AM »
Thanks sir....One more query ...after marriage under special marriage act whether it is possible to convert girl  in Hindu...whether it  is legal

Offline advjaibansal

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Re: inter religion marriage
« Reply #3 on: September 26, 2016, 11:14:12 PM »
Dear Sir,

Its up to the girl, she can convert anytime. Before marriage or after marriage hardly makes any difference. But in case of any matrimonial dispute, the same will be governed as per the provisions of special marriage act, under which the marriage will be performed.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline rajgopal sripathi

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Re: inter religion marriage
« Reply #4 on: September 27, 2016, 09:14:49 AM »
Hi
1) If both of you are belonging to different religions you can register your marriage under special marriage act.
Even if the girl converts to hinduism before marriage still the marriage has to be conducted under special marriage act and not under hindu marriage act as Kerala high court in the case of Shaiju M  v Ashwathy Raveendran   had said that marriage preceded by conversion - as a means to facilitate the marriage - will be deemed invalid before the law unless and until the marriage was solemnized under the Special Marriage Act,

2)Special Marriage Act, 1954 provides for solemnisation of marriages in accordance with the provisions of the Act. SDMs/ADMs/Deputy Commissioners/ Sub-Registrar's  have been authorised as Marriage Officers for this purpose.
For solemnization of marriage, presence of both parties is required after submission of documents of issuance of notice of intended marriage. A copy of the notice is pasted on the office notice board by the ADM. Any person may within 30 days of issue of notice , file objection to the intended marriages. In such a case, the SDM shall not solemnise the marriage until he has decided the objection, within 30 days of its receipt. If the ADM refuses to solemnise the marriage, any of the parties may file an appeal within 30 days to the District Court. In case no objection is received, the ADM solemnises the marriage after 30 days of the notice. Both parties alongwith 3 witnesses are required to be present on the date of solemnisation of marriage. It is advisable to submit names of witnesses atleast one day in advance.

3) If you are solemnizing your marriage under special marriage act, it is highly likely that your family members might not accept it and might break you away from your HUF. However there is no law which states that your HUF status will break if you marry a girl from other religion.
Hope this helps.
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline blazer123

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Re: inter religion marriage
« Reply #5 on: November 06, 2016, 04:08:29 AM »
Hello sir,

Can you please tell me how can people from 2 different religions marry without any religion conversion. The religions in discussion are Islam and Christiainity. How to make it legal so that so religious body can make it invalid?

Thanks in advance.

Offline advjaibansal

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Re: inter religion marriage
« Reply #6 on: November 07, 2016, 03:23:49 AM »
Two persons without converting their religion can marry under special marriage act.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

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Re: inter religion marriage
« Reply #7 on: November 08, 2016, 12:39:23 PM »
special marriage act is the best way. You cannot force your spouse to convert her religion.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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