Wednesday, 10 March 2021

Marriage between a Hindu boy and a Muslim girl

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


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Under Muslim Law

In the event of Marriage between a Muslim girl and a Hindu boy under the Muslim law, The Hindu boy will need to convert to Islam for 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 proposal (Ijab) from one party and acceptance (Qubul) from the other as is required for a contract. Moreover, the consent to marriage must be free of coercion, fraud or undue influence.


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Under the Hindu law

Hindu law does not contain any specific provisions for conversion, only ceremonies like Namakarana Samskaras where an individual adopts traditional Hindu name or Yajna is held. Religious organization Arya Samaj also offers service for procedural conversion to Hinduism.


The Muslim girl could convert to Hinduism and solemnise the marriage according to Hindu rites, which will bring it within the purview of the Hindu Marriage Act.

 


Under 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.


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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 the valid consent to it in consequence of unsoundness of mind; or


though capable of giving a 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 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.

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