Syed 14 June 2016

Please help: muslim personal law vs special marriage act

Hi,

I being a Muslim girl and My husband being a Muslim got married as per a shariath muslim law(Muslim personal law) 4 years back in My native Tamilnadu and same is registered under the Tamilnadu registration act 2009. Now i want to register the said our marriage under the "Special Marriage Act 1954". I have few doubts to be clarified.My doubts are as follows

1) Can the musilm married couple register their marriage under Special Marriage act 1954?

2) After registration under this special marriage act 1954, can the Muslim personal law (Shariath law) prevail over the Indian penal code provisions regarding second marriage?

3)After registration under this special marriage act 1954,whether special marraige act is applicable to our marriage or Muslim personal law will dominate?

3)After registration under this special marriage act 1954,Can a muslim husband perform a second marriage by applying muslim personal law?

4)What are all the procedures and documents required to register the marriage which was already registered under the shariath law and Tamilnadu registration of marriage act 2009?

5) Currenly we are living in bangalore and can we register our marriage under this 1954 act in bangalore city itself?

Kindly clarify my doubts with relevant court rulings

Thanks in advance

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2 Replies

Tushar Jha (Advisor) 14 June 2016

Some Links on Special Marriage Act, 1954 :

1. https://blog.ipleaders.in/10-things-every-indian-should-know-about-the-special-marriage-act1954/

2. https://mymarriagewebsite.com/indian-marriage-law/special-marriage-act-1954/

3. https://www.youtube.com/watch?v=wG5tQBJPBNM

Tushar Jha (Advisor) 14 June 2016

I am not a lawyer but still I will try to clarify your doubts. Please cross check with any advocate, as I may be wrong on some points.

Answer to your Questions is in Serial Wise order :

1. YES. A Muslim Couple can get their marriage registered under Special Marriage Act, 1954.
   In fact any couple can register their marriage under Special Marriage Act, 1954 irrespective of
   the fact that couple may be of same faith or different faiths. There is no bar for couple of any religion, caste or nationality to register their marriage under Special Marriage Act, 1954.

2. Since your marriage is already registered under Muslim Shariat Law. I am not sure whether you can register your marriage again under Special Marriage Act, 1954. Kindly check with a Advocate/Lawyer whether first registration of your marriage as per Shairat needs stay in together with new registration under Special Marriage Act, 1954.

3. Answer to this question depends on the clarification by an advocate/legal expert on Query no.2

4. Once a marriage is registered under Special Marriage Act, 1954 your husband cannot marry with any other woman by applying Shariat. As per Section 44 of Special Marriage Act, 1954 Bigamy (marriage to 2 women) is a punishable offence.
If any man/husband whose marriage is as per Special Marriage Act, 1954 if he commits bigamy he can also be punished Section 494 & Section 495 of the Indian Penal Code, 1860, for the offence of marrying again during the lifetime of a Wife.
If a Marriage between a couple is registered under Special Marriage Act, 1954 the inheritance of assets will be as per Indian Succession Act, 1925.

SUMMARY :  However, you can re-marry your husband without any requirement of ceremony (i.e.) Court-Marriage & then register your Second Marriage under Special Marriage Act, 1954. Your registration of 2nd Marriage under Special Marriage Act, 1954 shall govern all issues within your marriage.