Marriage validaty
Querist :
Anonymous
(Querist) 19 December 2011
This query is : Resolved
I am a hindu and got married to a muslim girl. The marriage was performed in a temple with friends as witness and also it was taken in written from me and my wife that she is a muslim and converting her name and religion to hindu. Also later we had signed on a notary paper that we are marring each other with full consent and also she had signed another notary paper that she is changing her religion and name to hindu and both papers were also signed by the padit that he has performed conversion and marriage. The same affedivits( of marriage and religion conversion of my wife) was used to register our marriage at a municipality ward. We received our marriage certificate, but it shows my wifes old name and not the new one.
Now i have heard that marriage as per hindu act can be only performed only if both are hindus. And also that to convert your religion and name u have to give advertisement in paper and some legal procedure is there. Which my lawyer suggested that we will perform now for my wife after marriage.
Does it mean that my marriage is invalid and i have to first change my wifes name and religion by giving advertisement in paper and perform all legal procedures and then remarry her or is the previous marriage valid and i have to just perform now remaining legal procedures of changing name and religion of my wife.
kusum gupta
(Expert) 19 December 2011
dear sir,
your marriage is valid if it is registered.
kusum gupta advocate
Querist :
Anonymous
(Querist) 19 December 2011
But one family lawyer told me its invalid as first my wifes name and religion changing procedure needs to be finished first and then only we can marry through hindu marriage act. And then only marraige will be valid. And this marriage which was performed under hindu marriage act is invalid though its registered.
Deepak Nair
(Expert) 19 December 2011
Hello,
Your marriage is valid and legal.
What you have to do is to publish the change of name and relegion b your wife in the official gazette of your state government.
There you have to fill up seperate forms for change of religion and change of name. The charges for the same are nominal. There are seperate charges for urgent applications and ordinary applications.
After the same is done, you can attach a copy of the gazette and seek a rectified marriage certificate from the authority or you can get the new name of your wife endorsed in the existing certificate.
Publishing in a news paper is not compulsary, but it can help you as an additional evidence to your support.
Deepak Nair
(Expert) 19 December 2011
Further,
Your query says that you have made an affidavit for the change of religion. Please see whether the date of that affidavit is prior to the date of marriage. That will be a proof for change of religion before marriage.
Querist :
Anonymous
(Querist) 19 December 2011
Thanks a lot deepak for your prompt reply. Further please note that my date of marriage is same date of change of religion.
My doubt is that marriage registration can be done only when marriage is done as per legally accepted way and marraige done between a hindu and muslim as per hindu marraige act can be done only when both are hindu. Legally my wife is a hindu only when all the legal formalities are completed related to change in name and religion which were not complete at the time of marriage. And which we will do now. If some one challanges in court that my marriage is invalid(any of my family members as they are against our marriage) will it hold true.
Advocate Rajkumarlaxman
(Expert) 19 December 2011
I accept Expert Deepak Nair's Opinion. You only have to get the gazette notification done of your state to change the name. thats all the requirement.
Advocate Rajkumarlaxman
(Expert) 19 December 2011
if you have any difficulty and in mumbai its in marine line office where you have to pay for gazette notification.
Querist :
Anonymous
(Querist) 19 December 2011
But what about change in religion as date of marriage is same as date of change of religion on affidivit. And hindu marriage act says it has to be between two hindus.
V R SHROFF
(Expert) 19 December 2011
Name change have nothing to do with Religion.
As she already changed her Religion and converted to Hindu, and married as per Hindu rites, your Marriage is valid.
Only formality of change of name can be done thereafter at any time.
hope it s clear to you.
Shailesh Kumar Shah
(Expert) 19 December 2011
Dear Author,
I hope now you are 100% satisfied after replies of Learned experts.
Raj Kumar Makkad
(Expert) 19 December 2011
Author! First of all accept my heartedly congratulations on the eve of your marriage.
Now listen, your wife is Hindu. She has adopted Hinduism prior to marriage and there is no hard and fast procedure for coming in Hinduism. Religious rituals are sufficient for the change of religion and coming to the Hinduism. The person who said that the change in religion of your wife is not complete, do not know anything on this aspect.
I have helped tens of such marriages in the same way, you did and all those are purely legal like yours.
So far change of name of concerned, it can be got done by adopting the mean of publication in news-paper and further incorporation in Gazette of the State Govt. Your marriage certificate is accurate and need not to reopen the closed chapters.
Your family shall also welcome your marriage after some days. Do not lose your confidence and feel free to call me in case you feel any kind of difficulty.
Sudhir Kumar, Advocate
(Expert) 19 December 2011
If she became Hindu prior to marriage the marriage is valid. If you converted to Islam before marriage and marriage as per muslim rites, marriage is valid. Marraige betwenn hindu and muslim (wihout anyone converting) is valid only under Spl marriage Act. It is suprise that you have a family lawyer whose opinion you are not trusting.
Devajyoti Barman
(Expert) 19 December 2011
Yes after the conversion of religion , the marriage is very much valid.
Moreover the avidity of marriage has nothing to do with name change.
You only need to swear an affidavit before the first class magistrate to deal with this situation.
prabhakar singh
(Expert) 20 December 2011
Yes! I am in complete agreement with opinion expressed by Mr.Makkad.The affidavit itself is sufficient proof of conversion unless you duo assail it ,no third party can challenge the marriage on this score.
Shonee Kapoor
(Expert) 20 December 2011
I also endorse the views of the experts. It is a legal and valid marriage.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
