According to some information I just read online a muslim girl marrying a non muslim is prophibited ounless he converts to Islam. If the girl convets to Hinduism she has to forget about her turkish inhritance and other rights. If you marry under SMA you take two witnesses and the girl must take two witnesses who are her relatives or acquantences to clebrate the marriage accordign to Hindu law if you want. Amidist vedic chants you take seven rounds around sacred fire clalled saath phere and tie Mangal sutra around her neck as per Hindu tradiiton . After your register marige the registrar would issue a registered certificate of marriage which cannot be assailed by anyone as it is a binding Marriage certificate on both of you. Accordign to Majority of Legal fraternity' opinion the parties need not convert to the other's religion under special Marriage act and they can retain their respective faiths. Divorce also can be easily taken as per the grounds provided under special Marriage Act some what similar to the grounds of divorce provided for divorce by either spouse to other as per HMA.If youu appreciae this answer plese click the thank you button on this forum.
I'm giving the gist of procedure of SMA. Yes it is mandatory for both the girl and the boy should live at the same place which is within the Jurisdiction of the Marriage Registration officer for 30 days befre register Marriage.Now see the gist.
Do you know Marriage Registration Procedure and Importance?
Last updated: August 16, 2016 | by Basavaraj Tonagatti
Marriage certificate is legal and a valid document as it establishes the marital status of a couple. This document is very much useful especially sudden demise of a husband or wife and when you need to prove about your marriage. Hence, Supreme Court made it mandatory for a couple to register irrespective of the religion they belong to.
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Why you need to register marriage?
- It is a valuable evidence of marriage under the law of the land.
- It provides social security and confidence among women.
- It is helpful in getting Passport/Visa.
- It will be helpful in claiming Bank Deposits, Life Insurance or any other investments or property when the depositee, life insured person or investor dies without opting nomination.
So you noticed that it is very much important for married couple to register it immediately after marriage. Currently Hindu’s (Hindu, Buddhist, Brahma, Parthana and Arya samaj) can register marriage certificate under the law of Hindu Marriage Act, 1955. Parsi’s (Parsies and Zoroastrians) can register under the act of Parsi Marriage and Divorce Act, 1936. Rest can register their marriages under the act of Special Marriage Act, 1954.
Where you need to register marriage?
- Marriages under Hindu Marriage Act can be registered in the office of the Registrar of Marriage within the jurisdiction under which the marriage taken place or in the office of Marriage Officer in whose jurisdiction the bride or bridegroom resides.
- Marriage under Special Marriage Act can be registered in the office of the Marriage Officer under whose jurisdiction bride or bridegroom resides.
- Marriage under Parsi Marriage Act can be registered in the Office of the District Registrar under whose jurisdiction the marriage takes place.
Sub Registrar Officer who register documents related property or immovable property transaction is usually called Marriage Officer. So you need to register your marriage by visiting the Marriage Officer office which usually situated in Taluk Head Quarters/District Head Quarters/or in few places of Hobli Head Quarters. Age of the Bridegroom must have completed 21 years and bride 18 years completed.
What is the procedure for registering?
1) Download the form by clicking HERE (if you belong to Karnataka, otherwise your respective state registrar website)
2) Fill the details like name and address of bride and bridegroom.
3) Take 3 witness signature who present at the time of marriage along with their name and address.
4) Paste the Joint Photo of bride and bridegroom in the space provided on application form and sign across it.
5) Present such filled form to Marriage Officer.
6) If he satisfy submitted application then he will issue the certificate of marriage.
- Under Special Marriage Act, 1954
1) Bridegroom and bride should give notice of intending of marriage 30 days in advance. They must lived more than 30 days within the jurisdiction of marriage officer before giving such notice.
2) If no objections were received with the prescribed 30 days then they can appear before marriage officer within the next 60 days after 30 days notice period completion. They must bring in 3 witnesses for solemnization of marriage. After this marriage officer according to rule will solemnize the marriage. Within 90 days from this marriage officer’s solemnize if couple not get married then again they need to start a fresh procedure as said above.
3) Marriage officer will administer oath and solemnize the marriage by issuing the certificate of marriage.