Registration of a marriage
Querist :
Anonymous
(Querist) 29 August 2011
This query is : Resolved
My siter in law is a Hindu divorcee, now wants to marry a Muslim, who is already married with three children. I have the folowing questions in this regard.
1. Whether her marriage would be legal?
2. Under which religion would the marriage be apt?
3. What is the proceedure if she opts for a registered marriage?
4. What are the implications of the registered marriage?
5. What would happen to her properties she inherits from my Husband's family, as she has no children in her previous marriage.
Thanks in advance,
regards,
p.sushamarajan
ajay sethi
(Expert) 29 August 2011
islam doees not permit marriage among hindus and muslims . she will have to convert to a muslim if she wants to marry him .
since he is already married and has 3 children from previious marriage would he be in finacial position to support 2 families ?
The Special Marriage Act,1954, provides for civil marriage between two people of any religion, caste, creed or nationality to marry in India without any conversion process as they both continue their religion as they get legally married duly recognised by Indian government as well the whole of world.
The parties to marriage have to be following these conditions for marriage nothing more:-
(a) Neither party has a spouse living:
(b) neither party-
(i) is incapable of giving a valid consent to it in consequence of unsoundness of mind, or
(ii) 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
(iii) has been subject to recurrent attacks of insanity or epilepsy;
(c) the male has completed the age of twenty-one years and the female the age of eighteen years;
(d) the parties are not within the degrees of prohibited
G. ARAVINTHAN
(Expert) 29 August 2011
1. Marriage is legal
2. She have to convert herself to Islam
3. Eligibility as per Islamic Law
4. Registered marriage gives protection and security
5. She can.. but before marriage
Raj Kumar Makkad
(Expert) 29 August 2011
In addition to the reply put forth by sethi, I intimate you that she shall remain owner of the properties obtained by her from her first husband side.
prabhakar singh
(Expert) 29 August 2011
Conversion to islam is the only course if at all this marriage has to be performed,and no other law could validate as proposed husband is already married and is muslim.
An out of course advise is that one should avoid such type of marriage as it may lead to several future frustrations which your sister in law might be unable
to fore see at once.
A registered marriage served the purpose of proof in case of dispute as to factum of of marriage.
ABOUT Q
5. What would happen to her properties she inherits from my Husband's family, as she has no children in her previous marriage.?? IS a confusing Question, how can she inherit as your sister in law from your hus band family??
IS she sister of your husband ,clarify??only then i can answer.
Shastri J.K.
(Expert) 29 August 2011
I agree with mr. raj kumar makkad
Dr Anil Kumar Singh
(Expert) 29 August 2011
I agree with all experts. The ancestral property of any family will remain in it and if she leaves the family she will lose her share because she will not remain widow of your brother after marriage.
