Whether suit for null and void marriage under mohammandon law can be filed in the court
JAVED AFZAL
(Querist) 27 September 2014
This query is : Resolved
Sir,
Will you pls guidse us as to whether suit for null and void of muslim marriage can be filed in the court of law.When the girl conceal her hindu identity marrying a muslim boy.
ROHIT SHARMA
(Expert) 27 September 2014
Dear Mr. Javed Afzal,
1. If the marriage was solemnized under Muslim Personal laws then the Kazi must have inquired from her about her religion status, and if you say that she had concealed her previous religion
information without having officially converted to Muslim faith then despite this fact it is not under the jurisdiction of a civil court to declare such marriage as null and void.
2. Moreover, under Muslim Personal laws there exist no provision to get marriage declared as null and void except for provision for divorce by the husband.
3. Yet, a married Muslim wife can seek divorce under the provisions of The Dissolution Of Muslim Marriage Act, 1939 but not for annulment of the marriage.
4. If need be for further in depth discussion of the facts of the issue in context you may if your feel so seek private legal consultation with this lawyer.
5. To get my contact details click my name (expert) shown in the L.H.S margin of this reply format.
Dr J C Vashista
(Expert) 28 September 2014
Well advised by expert Mr. Rohit Sharma, I agree.
Rajendra K Goyal
(Expert) 28 September 2014
How the marriage was celebrated? When and how it came to the notice that the girl was Hindu and not changed religion before marriage?
ajay sethi
(Expert) 28 September 2014
Mr javed has raised number of queries on the same issue in the past .
malipeddi jaggarao
(Expert) 29 September 2014
Agreed with expert Mr.Ajay sethi. Repeated query.
ROHIT SHARMA
(Expert) 29 September 2014
Dear Mr. Javed Afzal,
1. I do wish to further elaborate to para (2) of my previous posting.
2. In specific evaluation of your query i.e. " whether suit for null and void of Muslim marriage can be filed in the court of law.When the girl conceal her Hindu identity marrying a Muslim boy" - i do have a rejoinder to propose.
3. Under the provision of Muslim Personal Law- i.e. *Principles of Mahomedian : U/s 253 (Valid, irregular and void marriages) - in that it is mentioned a Muslim marriage may be valid (sahih) , or irregular (fasid) , or void from the beginning.
4. Likewise, "When the girl conceal her Hindu identity marrying a Muslim boy" this fact in issue if it appears to be true but the relevant fact that she did not deny it before the kazi that she was not a Muslim, then such concealment of the fact of her previous religious identity is as an act of 'apostasy'( i.e. abandonment of her Hindu religious faith) and such abandonment tantamount to having adopted the Muslim faith by her own free will and from that point prior and onwards from the time of "nikha" is she is deemed to have and conditioned to practice Muslim faith.
5. If she wishes to to have such marriage annulled through court then this revelation of her in question, after the 'nikha" does not fall within the definition of "irregular marriage" as what is defined u/s *259 or void marriage as defined as * u/s 260, 261, 262,of the Muslim Personal Law and her suit will not survive.
T. Kalaiselvan, Advocate
(Expert) 03 October 2014
A muslim male cannot approach civil court seeking the relief from matrimonial disputes. He has to seek remedy from the local mosque only through Kazi, where as the Muslim female can approach court for any kind of matrimonial relief.
