Muslim marriage
Querist :
Anonymous
(Querist) 29 October 2011
This query is : Resolved
pls tell me process of muslim court marriage in the delhi. i am muslim and my girl friend also muslim we want marry i have all document which is necessry in the marriage and my girl friend has no more proof she has only birth certificate and ration card is it enough for marriage pls mention EXPERTS all requirement of muslim court marriage ?????????
M.Sheik Mohammed Ali
(Expert) 29 October 2011
you can married at any concern masjid along with 2 witness, thats enought
prabhakar singh
(Expert) 29 October 2011
Yes!Mr. M.Sheik Mohammed Ali has confidently told you the right path as for getting married you need a molvi as he is authorized
to solemnized the NIKAHNAMA.
Raj Kumar Makkad
(Expert) 29 October 2011
Querist wants court marriage and we are forcefully pushing him in mosque. This is too much.
There are Muslim Marriage and Divorce Registration Acts in force in six States
providing for voluntary registration of marriages and divorces among the local
Muslims. These States are as follows:
(i) West Bengal
(ii) Bihar
(iii) Jharkhand
(iv) Assam
(v) Orissa
(vi) Meghalaya
The parent law among these is the old Bengal Mohammedan Marriage and Divorce Registration Act 1876 which is now in force in the first three of the
above-named States.
The Orissa legislature re-enacted in 1949, with some changes, the old Bengal law of 1876 referred to above. Titled Orissa Mohammedan Marriage and Divorce Registration Act 1949, it extends to the whole State.
The Assam legislature had enacted a similar law in 1935 – the Assam Moslem Marriage and Divorce Registration Act. The newly created State of Meghalaya locally re-enacted this law in 1974 with no substantive change.
All these Acts empower the local governments to license suitable persons in
various areas authorizing them to register marriages and divorces among the local
Muslims. These persons, to be known as “Mohammedan Marriage Registrars”,
have to act as per the procedure laid down at length in the Acts. All the Acts also
prescribe various forms for registration of marriages and different forms of divorce, including talaq (divorce by husband) and khula (divorce at the instance of wife). The position of the Mohammedan Marriage Registrars appointed under these Acts is akin to the kazis appointed under the central Kazis Act 1880. Like the latter, all these local Acts also clarify that the presence of a State-appointed Mohammedan Marriage Registrar will not be obligatory for any marriage, and also that neither non-registration would affect the validity of any marriage nor will mere registration validate a marriage which is otherwise invalid under Muslim law. Registration under these Acts is thus a mere facility provided by law. All the Mohammedan Registrars licensed under these Acts have to function under the general superintendence of District Registrars functioning under the Registration Act 1908 and are required to transmit to them their registration records every month. The Inspector-General of Registration functioning in the State under that Act has to exercise control on all Mohammedan Marriage Registrars and issue regulations for their guidance.
All these Acts empower the State government to make Rules for carrying
out their purposes, and such Rules have been made and amended from time to time.
Under the Rules framed under the Bengal law of 1876 a Permanent Committee headed by the Inspector-General of Registrar oversees appointments, suspension and removal of Mohammedan Registrars. With the approval of the Government the Committee can also examine from time to time their knowledge of Muslim law.
In some of the States where such Acts are in force the Rules made thereunder have been made applicable also to the kazis functioning under the central Kazis Act 1880 (detailed above). These Rules are, however, not being followed in practice for fear of resentment by the clerics who do have a strong hold upon the society.
In the State of Jammu and Kashmir a Muslim Marriage Registration Act was enacted in 1981, providing for compulsory registration, but had to be soon withdrawn due to stiff opposition by community leaders.
prabhakar singh
(Expert) 29 October 2011
I think you never intended for such a lengthy
answer for such a tiny question.
prabhakar singh
(Expert) 29 October 2011
Any way comprehend to night with it.
Shonee Kapoor
(Expert) 29 October 2011
The marriage can be registered marriage under Special Marriage Act even for two muslims.
What documents she has is enough.
Go to your registrar office and get it registered by following the process.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Advocate Bhartesh goyal
(Expert) 30 October 2011
Mr Shonee is absolutely right.Marriage can be registered under Special Marriage Act.
prabhakar singh
(Expert) 30 October 2011
"Querist wants court marriage and we are forcefully pushing him in mosque. This is too much." says Mr. Makkad but he provides him choice to visit any of 6 states of the country (i) West Bengal(ii) Bihar
(iii) Jharkhand(iv) Assam(v) Orissa(vi) Meghalaya
BUT Makkad ji He is from DELHI why are you thrusting on him you impracticable knowledge.
If registration is problem it can be solved
even without visiting out of Delhi.
Shonee Kapoor
(Expert) 30 October 2011
Dear Ld. Prabhakar Singh Ji,
It can not be solved without visiting Registrar Office in Delhi atleast.
Now they take a picture of the couple there alongwith the witness, so that later on it becomes a substantive proof that they are the two people who signed the register.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
