Whether nikah is valid if if father of the girl uses one muslim name but have legal documents in hin
Guest
(Querist) 14 March 2014
This query is : Resolved
A muslim girl has married to a muslim boy by Nikah. Where her fathers name is mentioned as Abdul a muslim name & he himself has signed as a witness in this nikah nama by same name the i.e Abdul. But her father .Abdul have all his legal documents such as Aadhar Cards ration card etc by the name of Ramesh Kumar a hindu name.It means the same person is using two different names. My query is that whether this Nikah is valid or not. If this nikah is invalid whether any criminal proceeding can be filed against the father or girl.
Guest
(Querist) 15 March 2014
girl is muslim but her father are using two different name
Devajyoti Barman
(Expert) 15 March 2014
Repeated query and already replied in detail.
DO not repeat your query.
It is not at all liked here.
Devajyoti Barman
(Expert) 15 March 2014
Repeated query and already replied in detail.
DO not repeat your query.
It is not at all liked here.
Rajendra K Goyal
(Expert) 15 March 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Whether-a-case-u-s-420-can-be-filed-for-entering-a-different-father-name-religion-in-nakahnama-458381.asp#.UyPiMIVRx3A
http://www.lawyersclubindia.com/experts/Whether-nikah-is-valid-if-if-father-of-the-girl-uses-one-muslim-name-but-have-legal-documents-in-hin-459511.asp#.UyPiW4VRx3A
Guest
(Expert) 15 March 2014
The question arises, in what way you are concerned with the problem? Your intention is also not clear whether you want the nikah to be treated as invalid and with what movtive of yours, or to file a criminal case against the father or the girl to teach some lesson the them?
T. Kalaiselvan, Advocate
(Expert) 15 March 2014
Firstly answer the questions raised by experts, more so of Mr. Dingra so that you will get a proper further answer on the subject.
Guest
(Querist) 18 March 2014
Respected expert P.S. Dhingra Sahib,
Thanks for your advice. The reply to query is as follows.
1. We are from the husband side facing a criminal type of people from bride side for the last two years blackmailing for filing false case of domestic violence & 498A,Dowry etc
2. Our intention is to get the Nikah invalid so that we may save ourselves against the misuse of above acts & false allegations.
3. Yes We also want to file a criminal case to teach them a lesson and their criminal intentions, as the girl have already taken away all the golden ornaments worth Rs.3 Lakhs when I was under treatment of paralysis attack on 29-01-2014 & she left our house on the same day & still living with their parents house & denying about ornaments in a statement in Panchayat except for only two gold kangans of 2 tolas.
4. Please advise us as how to get Nikah invalid and how to file a case in this respect. Thanks.
Nadeem Qureshi
(Expert) 18 March 2014
may be her father is converted Muslim, so Nikah is valid. girl's father is only witness and not more then in Nikah, so nikah can not be invalid due to that reason.
but if girl or her father threaten to file false cases then you can file a criminal case against them u/s 383/384 of Ipc.
Guest
(Querist) 18 March 2014
her father still have name ram kumar in all legal documents i.e. ration card voter card and aadhar card and university certificate of girls there is no legal proof of change of name or change of religion before or after the marriage.
Guest
(Expert) 18 March 2014
What type of documents you can actually produce in the court as a proof of the Girl or her father being a Hindu?
Also would you be able to prove that Mr. Ramesh Kumar made a fake signature of Abdul?
Guest
(Querist) 18 March 2014
Respected Expert Sh.P S Dhingra Sahib,
Thanks for ur advice as regards documents to be produced in the court i.e in the copy of ration card aadhar card father name is mentioned as Mr.Ramesh Kumar & all in the school & University certificate & degree girls father name has been mentioned as Ramesh Kumar where as in the Nikahnama the fathers name of the girl has been entered as abdul S/o Allahbakah & signed by herself. Thumb impression of her father abdul s/o rehmatullah instead of Ramesh KumarS/o Saudagar Ram . These thumb impression has been witnessed by three other witnesses in addition to myself also in the Nikahnama prepared by a Maulavi of Mosque.
Guest
(Querist) 19 March 2014
In nikah nama father name has been written as Abdul s/o rehmtullah which does not exist in any legal document in place of this name another hindu name Ramesh Kumar S/o Saudgar Ram exist in adhar card & voter card and all the certificate of the girls in question.Kindly advice us as whether on this ground the nikahnama can be declared as null and voic
Sudhir Kumar, Advocate
(Expert) 20 March 2014
you are referring the father of girl being hindu. more relevant is what religion (not mere name) girl had at the particular time.
Guest
(Querist) 20 March 2014
Girl is muslim at the time of marriage.But her father mentioned wrong name in the nikahnama which is not existed in any legal document
Guest
(Expert) 20 March 2014
You are merely repeating the same information, as you quoted in your initial query. No fresh evidence has been quoted by you.
Guest
(Querist) 21 March 2014
when a person whose has been entered as a Muslim father of the girl but does not exist at all in that family but a person namely Ramesh Kumar S/o sider kumar exist in all legal documents.There is no proof for his conversion and change of name from Rajinder to Abdul is it not a fraud from girl side to harras boys family and thus make the nikahnama and nikah null and void what is your kind advice to get rid of undue harassment from girl side.
Dr J C Vashista
(Expert) 22 March 2014
Mr. Javed Afzal,
Engage a local lawyer and stop this thread please.
prabhakar singh
(Expert) 22 March 2014
IF in proceedings going on NIKAH has been admitted from your side then it can not be declared INVALID for reasons told.A Nikah otherwise is valid can not be held invalid for want of witnesses.
You have case only when you have denied the existence of any NIKAH.
The person concerned impersonating himself can be prosecuted on lodge of FIR.
Guest
(Querist) 22 March 2014
The fact that he has come to into our notice for the month of January 2014.Three witnesses have signed on this bogus Muslim name in Nikahnamma.
