Inter faith marriage
SIDDHARTH GUPTA
(Querist) 22 December 2015
This query is : Resolved
Hello sir,
I am a hindu boy and in a 6 years relationship with a muslim malaysian girl. We want to get married to each other without conversion of our religion in India. Please advise.
Regards
Siddharth
Dr J C Vashista
(Expert) 22 December 2015
Get it registered under the provisions of Special Marriage Act, where you need not change/conversion of religion.
Since the would be bride (your girl friend) is a citizen of Malasia, seek permission/initimate her Embasssy (your nearest city)in India.
Consult a local lawyer for further guidance.
Best wishes
alexander
(Expert) 22 December 2015
where are you and your malaysian friend residing.
if you are in India you shall have to apply to the marriage Officer of your District giving at least 30 days notice and the Applicant should have been residing at the given address for the previous 30 days at least..
if there are no objections to the proposal there would not be any difficulty.
if there are problems /objections then the marriage officer may not register your marriage, You could approach the Court whose decision would then be final
Sudhir Kumar, Advocate
(Expert) 23 December 2015
please check Malaysian law whether a malay Muslim is allowed marriage with non-muslim?
or whether a non-muslim is allowed Muslim spouce?
whether after this marriage (may be legal as per Indian law) any of you will be able to enter Malaysia
Rajendra K Goyal
(Expert) 23 December 2015
If in India, get the marriage registered under special marriage act.
Agree with the advice from experts.
alexander
(Expert) 23 December 2015
Extremely valid point raised by Shri Sudhir ji
SAINATH DEVALLA
(Expert) 23 December 2015
Marriages between Muslims and non Muslims is prohibited under Islamic law, except in certain limited circumstances. Malaysian Islamic law is even more limited than some other schools of Islamic law. International human rights norms however suggest that the prohibition and criminalisation of interfaith marriages is an unreasonable restriction on the rights of men and women to marry and found a family.
Hence UR marriage will not be recognised as per Malaysian Marriage Laws.
SIDDHARTH GUPTA
(Querist) 25 December 2015
Hello sir,
Thank you for ur guidance. I am presently residing in india and she in malaysia. Both of our parents are against this marriage, still we want to get married in a legal way. Please help us.
Siddharth
K.S.Srinivas
(Expert) 26 December 2015
I go with the expert Sri Alexander.
Sudhir Kumar, Advocate
(Expert) 27 December 2015
I wish if I am wrong. But I am afraid she will have to forget about ever going to Malaysia. She should check Malaysian law whether or not it is crime for a non-Muslim to have Muslim spouse.
Sudhir Kumar, Advocate
(Expert) 27 December 2015
"Both of our parents are against this marriage"
EVERYONE WHO LOVES EITHER OF YOU WILL BE AGAINST ANY PROPOSAL OF YOURS WHERE YOU PROPOSE TO ENTER A MISERABLE LIFE.
SAINATH DEVALLA
(Expert) 27 December 2015
Malaysian civil law
The Malaysian Law Reform (Marriage and Divorce) Act 1976 does not apply to Muslims (section 3). Hence, in Malaysia there is no means for a Muslim to marry a non Muslim under the civil law. In fact, the Muslim who goes through a marriage or even cohabits with a non Muslim runs the risk of falling foul of a number of offences under State Syariah criminal law prohibiting fornication (zina) and close proximity (khalwat).
SIDDHARTH GUPTA
(Querist) 28 December 2015
Hello sir,
Can she become an Indian citizen before marriage so that all laws applicable are of India only?
If yes, what do I need to do?
Please tell us how we have to proceed for getting married, what is the way out?
Regards
Sid
Sudhir Kumar, Advocate
(Expert) 28 December 2015
Is she willing to forget her birth place for ever?
As suggested by Mr Devalla she may be (you will certainly be) arrested the moment she steps on Malaysian soil.
Sudhir Kumar, Advocate
(Expert) 28 December 2015
you asked
"Can she become an Indian citizen before marriage so that all laws applicable are of India only?"
Be enlightened that criminal law of any country applies to any person who is on its soil (which includes Ship and aircraft as well), regardless of the nationality.
Indian Law entitles you to have such marriage without conversion that does not mean the Malaysian Law will honour such marriage.
If you have decided not to believe that 2+2=4, then none can help.
Adv. Yogen Kakade
(Expert) 28 December 2015
get your marriage registered under Special Marriage Act in India.
Sudhir Kumar, Advocate
(Expert) 28 December 2015
Please further check Malaysian Law.
Most Islamic country laws do not permit right to change religion to a Muslim.
by the way how did you come in contact.
SAINATH DEVALLA
(Expert) 28 December 2015
Now U say thatshe has become an Indian citizen,U should have do so in UR original post so that OUR analysis would have been different,instead of wasting our time.
GET MARRIED AS PER SPECIAL MARRIAGE ACT.
Sudhir Kumar, Advocate
(Expert) 28 December 2015
@ Mr Devalla
The queriest has probably not told her about the implication that after this marriage she may never be able to go to Malaysia.
SAINATH DEVALLA
(Expert) 28 December 2015
Yes, just an academic query to conclude .
Dr J C Vashista
(Expert) 29 December 2015
Mr. Sainath Devalla,
I found this was a question paper set by the author for the experts, where only a few(including your good-self) has come out with flying colours. CONGRATS!!!!!
SAINATH DEVALLA
(Expert) 29 December 2015
Ha Ha Ha, Thank U Doctor Saab,these type of querists are taking the legal experts for a ride,despite being attended to to appraise them of the prevailing legal strictures.
SIDDHARTH GUPTA
(Querist) 30 December 2015
Thanks a. Lot sirs! For the help plus the mockery!
T. Kalaiselvan, Advocate
(Expert) 31 December 2015
In my opinion, you may marry her under the Special marriages act by following the necessary formalities meant for marrying a foreigner in India.
Under Special marriage act there is no restriction for the parties to marriage are to belong to any particular religion, they can remain in their own religion profess their own faiths but the law governing this issue to be abide accordingly.
The detailed procedure to be followed in this regard will be found displayed on the notice board of your nearest marriage registrar's office which will give you clear picture of what formalities to be observed in this regard.
If there is a restriction in her country for such marriages, she can very well seek citizenship in India after this marriage by the virtue of marriage.
Dr J C Vashista
(Expert) 01 January 2016
Dear Experts,
Wish you all a very happy, healthy and prosperous new year.
Regards
Dr. J C Vashista, Advocate
email: majjagdish@yahoo.com
+ 91 98911 52939
V R SHROFF
(Expert) 01 January 2016
WISHING ALL A HAPPY NEW YEAR..
Mr. Gupta, First try to take care of your parents happiness, not yours...
Keep them happy, so that you don't have to repent in future.
Sudhir Kumar, Advocate
(Expert) 01 January 2016
Not able to agree with Mr Shorff.
Happiness of others do not marry for those who opt for such marriages.
He haas a right to land in trouble.
SIDDHARTH GUPTA
(Querist) 18 January 2016
@mr. Sudhir : I have the right to land in trouble, for that LLB I required for or may b a higher degree. And plus do put ur comments in MS word so that it can b easily understood and corrected grammatically.
Still Thanks for the replies though it has left the trouble a trouble itself even after ur guidance!!
SIDDHARTH GUPTA
(Querist) 18 January 2016
@ sudhir: I don't feel that you would have understood my words. Its okk.. lemme clear it to you, your degree and yourself have proved to be useless... try to make your life useful for the people than to b a critic!
