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chocoice112 (designer)     22 December 2010

urgent help required please

im sikh female married to a muslim..we got married in dec 2008 and have a nikahnaam as a proof of our marriage but dont have a marriage certificate till yet.. now i have to go to my parents house which in orissa for my brothers marriage from 23rd dec 2010 till 5th jan 2011.my parents assure me that they wont hold me back from returing to my husband. 
how valid is the nikahnaama if my parents hold me back? and what action can my husband take against them incase they hold me back.please revert me soon need help soon



Learning

 10 Replies

Adv Archana Deshmukh (Practicing Advocate)     22 December 2010

 

You are a sikh female and are married to a muslim guy by way of 'nikah'. If you have performed 'nikah' without converting yourself to Islam, then this marriage itself  is not legal. A nikah can be performed only between 2 muslims.

SRISHAILA.DHARANI (Advocate&consultant)     23 December 2010

dont go to the marriage itself.why you take risk, when your marriage itself is illegal as it is not oerformed in a legal way.otherwise do one thing.Again get married to that person before the notary or registrar of your area and thereafter you will get a certificate from notary or a registrar and this will be legal one.No body can do any thing for you thereafter.

srishaila

09741425514

bangalore

sdharani120@gmail.com

chocoice112 (designer)     23 December 2010

i have converted to islam before i got married to him. and have also published in the gazzette for name change and in the local newspaper .........and got the nikahnaama with a registered qazi and an advocate..please reply soon

madhukar paranjape (Advocate)     23 December 2010

Validit of  Nikahnama  will remain on interpretation of contents thereof.  But  whether Nikahnama is valid or not,  if you are major,  i.e. above 18  years, then no one has any right  ---  not even your brothers or parents  --  to  confine you in your house against your will.  It is an offence to confine a person against his wish and also an offence to restrain a person from moving in any direction, in whichhe has a right toproceed.  As an adult above 18  years,  you have every right to live anywhere with anyone of your choice.

Dharmesh Manjeshwar (Advocate/Lawyer)     23 December 2010

your marriage is legally valid since u have converted to islam prior to marriage ........... in case ur parents/brother cause problems then ur husband can take legal action on them ............... but then if u are so apprehensive then why attend the wedding ?

penjuri venugopal (Advocate)     23 December 2010

if you doubt about your parents so please stop attending function . If you decided to attend your brother's marriage, then accompany with ur husband.

Anand Poply (Lawyer)     24 December 2010

There may be option for you from my side that go for registration of your marraige(i.e register of the marriage) with the registrar of the court near by you or corporation office having jurisdiction(depends where you reside), as you have the nikahnama with you as evidence,one of my muslim friend had register her marriage with the help of nikahnama.

hope this will get a little help for you,

regards-

Adv. Anand A. Poply

Anand Poply (Lawyer)     24 December 2010

Another way may be there for you that you can register your marriage under 'special marriage act' which is available for hindu-muslim marriages...

Avnish Kaur (Consultant)     24 December 2010

DONT attend marriage . no registration or anything needed. if u go there u will be in a very big mess. if u took such a big step then also have courage to disown them.


(Guest)

YOU ARE SIKH AND HUSBAND IS MUSLIM. IT WILL BE ADVISIBLE TO GET THE MARRIAGE REGISTERED UNDER SPECIAL MARRIAGE ACT.IT WILL BE LEGALY PERFECT AND YOU MAY MENTION ALL FACTS AND MAKE SUPPORTING AFFIDAVITS. YOU WILL GET MARRIAGE REGISTRATION CERTIFICATE AND IN CASE ANY ONE TRIES TO SEPERATE YOU FROM YOUR HUSBAND AGAINST YOUR WILL THEN ON THE BASIS OF SAID MARRIAGE CERTIFICATE YOU MAY FILE A POLICE COMPLAIINT AND POLICE WILL HELP YOU AND YOUR HUSBAND.GOOD LUCK.


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