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Shithika   12 February 2016

Legal issues for child hindu muslim marriage

I am muslim woman married hindu man one year before and my marriage is happened as by nikkah... my man converted to muslim for the sake of our marriage to convince my family and for nikkah....and after that we r not facing any difficulties in families....and we r happily ran our marriage life.... But he wants to back to their own religion... even he is not having any belief on any of the God. ... only he wants to go back for retain his old identity and mainly for his old name.... First question is if he reconverted to his old religion means , do we have any legal problem in our marriage...I mean still our marriage is valid legally.... Second question is we r decided to give his old name to our child birth certificate...is it make any legal issues...since still he is not reconverted and as per gazzet he is carrying new muslim name.... I want the legal advices.....


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 1 Replies

Vijay Raj Mahajan (Advocate)     12 February 2016

 

Look change of religion and change of name is personal decision of the person for which no one can stop him but as far the Muslim marriage between both of you is concerned that will be in trouble after the change of his religion and to safeguard the marriage I will advise you to get your Muslim marriage registered under the Special Marriage Act, 1954 so that after registered under this Act your marriage will remain intact and valid also you child will remain legitimate under the Act of 1954.

As far change of name is concerned that your husband has to follow the same process which he did to change from Hindu name to Muslim name through newspaper and gazette publications etc.


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