mpm (sdasd) 10 April 2013

Special marriage act; divorce and custody.

I am a hindhu married to a muslim for 4 years now, and I have a 3 year old baby boy.

1. our marriage happened in muslim style first. (my name and religion has not changed) 3 days later we registered our marriage through special marriage act.

question: in this scenario for the divorce, which marriage is considered muslim wedding or special marriage act?

2. my baby's religion is mentioned as muslim in both his birth certificate and passport.

question: if i get the baby custody do i get to change the baby's religion and name. because its v hard to raise him as a muslim child

please help

Reply Follow

1 Replies

Tajobsindia (Senior Partner ) 10 April 2013

Interesting brief before us;

1. If your Hindu name and Hindu religion were not changed during Muslim wedding and in 3 days time marriage was Registered under SMA then first and foremost thing here to note is that your husband is now bound by SMA special features; i.e. first he cannot marry again till this marriage with you subsists, otherwise under Muslim laws he is entitled to keep upto 4 wives but that rights he has lost now and by mistake if he marries another time without proper divorce to you as per available grounds under SMA which either party can avail for divorce purpose then he can surely be charged under bigamy laws by you / your side and conviction is sure. Hence in case of divorce SMA is applicable law now in reference to your brief.

2. For religion of child he will be deemed to be Muslim like his father and he can select his religion upon attaining age of majority as per prevailing Law.

Observation:
When you can compromise and got married without conversion, why do not you get compromised in selecting the religion of your child also upon getting h/er custody?

SMA = Special Marriage Act