Interfaith Marriage and Divorce Laws

Interfaith couples should seriously consider legality of your planned marriage(s) as per your country’s laws (see table below). The choice(s) of your marriage(s) (like Nikah, Hindu Vivaha and/or church marriage) have major implications for validity of your marriage, to your married life, and especially during divorce and child custody. You must seek legal advise.
UK flagSingapore flagMalaysia flagFlag_of_Israel

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Country Reference and additional information
UK Marriage Laws Advise from one expert: UK Laws. This is applicable to most secular countries. For INDIA, see below.
Marriage to any Muslim Sharia laws (VIDEO), Sharia even not converted, International Sharia Laws
Malaysia Marriage laws Malaysia Marriage laws, Expert’s advise and Marriage Between Muslim and Non-Muslim. Malaysian Government’s site, also read Malaysia interfaith couples, Sharia even not converted,
Singapore marriage laws Singapore’s secular laws
Dubai Marriage laws Dubai Saria Court Registration
Jordan Jordan Marriage laws
Israel Israeli law permits only religious marriages held by religious testimony, and does not allow civil marriages. Among the Jewish population, the Chief Rabbinate, which operates according to Orthodox Jewish standards, has a monopoly over marriage. Only those who are recognized as Jews according to Orthodox Jewish law can get married in Israel. Members of other religions can only marry spouses of the same religion and only by their own recognized religious authority. The result is that no interfaith or non-religious marriages are allowed in Israel. However, the Ministry of Interior registers and accepts civil marriages held abroad.
India See below

Indian flag
INDIAN MARRIAGE AND DIVORCE LAWS

Below information is taken from: LegaLight and SudhirLaw.

India has a dual system of matrimonial laws. Various communities or groups of communities are ordinarily governed by their personal laws, while at the same time individuals can opt out of the community-specific family-law regime and voluntarily subject themselves to the national laws on civil marriages.

A. PERSONAL LAWS:
Hindus (includes Jain, Sikh, Buddhist) are governed by Hindu Marriage Act, 1955. For details, read LegaLight, SudhirLaw and Wikipedia.

Muslims are governed by their personal laws under which “Nikah” (i.e. marriage) is a contract and may be permanent or temporary and permits a man to have four wives if he treats all of them equally. To have a valid “Nikah” under the Muslim Law, presence of a Qazi (Priest) is not necessary. Merely a proposal in the presence and hearing of two sane males or one sane male and two sane female adults, all Muslims and acceptance of the said proposals at the same time constitute a valid “Nikah”. Under Indian laws, a husband can divorce his wife without any reasons merely by pronouncing three times the word “Talak”. However for a Muslim woman to obtain divorce certain conditions are necessary. Read LegaLight.

Parsees there is a Parsee Marriage & Divorce Act, 1939 that governs the provisions of their marriage and law. Read LegaLight.

Christian are governed by an Indian Christian Marriage Act 1889. Read LegaLight. If one party thereto alone is a Christian, such a marriage becomes valid only if the personal law of the non-Christian Party treats such marriage as valid. Where the wife is a Christian woman and the husband is a Hindu, there is no prohibition under Hindu law for such a marriage. Where one of the parties to a marriage in India is a Christian and the other party is a non-Christian the best course to adopt is to solemnise the marriage under the Special Marriage Act, 1954 (Wikipedia).

B. CIVIL MARRIAGES:
Persons of any religion (Hindu, Muslim, Christian or Parsee) who get married under the Special Marriage Act, 1954 (also called “Civil Marriage”) are governed by the said act.

THE SPECIAL MARRIAGE ACT, 1954 (General Marriage Law):

1. It extends to the whole of India except the State of Jammu and Kashmir and is applicable also citizens of India domiciled in the terrorists to whom this Act extends.

2. The Special Marriage Act, 1954 provides for a special form of marriage in certain cases and for the registration of such and certain other marriages and also for divorce available to all citizens of India married under the Act. A marriage between any two persons (Muslim, Christian, Hindu and others) may be solemnized after giving notice thereof under the Act. It may be solemnized in any form, which the parties may choose to adopt. After the marriage has been solemnized, the Marriage Officer shall enter a certificate thereof and the parties to the marriage and three witnesses shall sign the certificate of marriage. There is also a provision for registration of marriage by Marriage Officer any marriage celebrated whether before or after the commencement of the Act. The effect of registration of Marriage is that all children born after the date of ceremony of marriage shall in all respects be deemed to be the legitimate children of their parents. The marriage of any member of an undivided family belonging to Hindu, Buddhist, Sikh or Jain religion, solemnized under this Act shall be deemed to affect his severance form the family. The Act provides for remedies like restitution of conjugal rights, judicial separation, nullity of marriage and divorce on the grounds specified to the respective sections 22 to 24. There is provision made in the Act for the grant of alimony pendente-lite and permanent alimony to the wife.

SOLEMINIZATION OF SPECIAL (CIVIL) MARRIAGES

Conditions relating to solemnization of special marriages:

A marriage between any two persons may be solemnized under this act, if at the time of the marriage the following conditions are fulfilled, namely: –

1. Neither party has a spouse living:
2. Neither party is capable of giving the valid consent to it in consequence of unsoundness of mind; or
3. though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children: or
4. has been subject to recurrent attacks of in sanity
5. the male has completed age of twenty one years and female the age of eighteen years;
6. The parties are not within the degrees of prohibited relationship:
7. Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degree of prohibited relationship; and
8. Where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizen of India domiciled in the territories to which this Act extends}.

For additional details, read LegaLight, SudhirLaw and Wikipedia

C. MULTIPLE MARRIAGE CEREMONIES
Sometimes, a couple go through multiple marriage ceremonies to please parents or for personal preferences. For example, Shah Rukh Khan had a court registered marriage followed by a Hindu (and Nikaah too?) marriage ceremony. Legally, only the first marriage ceremony and laws relating to it are applicable. Check with an attorney for details.

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Advocate Shuma Talukdar says: September 18, 2013 at 10:18 pm

Law is very clear on this point. Couples of two different faiths willing to get married have to get themselves registered under Special Marriage Act. Once they get registered under Special Marriage Act, they will be governed by the provisions of Special Marriage Act, and other secular laws. Religious laws will have no implications on them. In your case religious rituals after getting registered will have no implications.

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Jay: Court marriages can be done in 2 ways.

1. Get a marriage registration application form thats available at court filled by both the girl and boy.
After submission of the form both get a notice at their addresses and they have to respond to it in court which will issue a marriage date accordingly. You will then appear before the magistrate on the given day with 3 witnesses and get married then and there. You also get a marriage registration certificate.

2. There are times when 2 consenting adults want to get married without letting their parents know about it. In case you dont want a notice to reach your home you can directly appeal to the court for marriage.
Please visit any nearby court and meet with any available marriage counselors or lawyer about the same.
The lawyer will prepare your papers and present both the guy and the girl in front of the magistrate and get marriage orders.

This process hardly takes a day or two. You have to provide your identification proof and photographs.
PS- A lawyer will guide you the best. They charge nominal fee for it but in case they charge you a hefty amount visit another lawyer/counselor. –Jay

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ADVANTAGES OF A MARRIAGE BY HINDU MARRIAGE LAW:
No Name says: November 22, 2012 at 1:49 pm

Hindu marriage law is governed by The Hindu Marriage Act, 1955 and Hindu Succession Act, 1956 in India.

1. The Hindu Man and Woman have equal right to divorce his/her spouse under Section 13 of the Hindu Marriage Act, 1955. Divorce can be granted by Court only. Neither by the party himself nor by any group or Religious person.

2. She has all property or inheritance rights not only from her husband but also from her parent under the Hindu Succession Act, 1956. see http://www.lawyerscollective.org/files/LCWRI%20INHERITANCE%20REPORT.pdf also

3. She can marry any other Hindu even is he does not belong to his caste. there is no requirement of Horoscope matching which is a voluntary act. Horoscope matching is a astrology job to match the astrological features of boy and girl. It is not a cumbersome procedure or difficult job.

4. The dowry is banned under the Dowry Prohibition Act, 1961.

5. No Hindu widow is burned with the dead body of her husband.

6. She can remarry.

7. The widow is not considered to be a curse and she participates in all function. There is no ban in coming in public. She can wear jewelry or colourful clothes. (She takes part in her children’s marriage!)

8. Child and infant marriage is banned and penalised on complaint. -No name.

Other reading materials:

Become a Hindu to marry a Hindu: Supreme Court

Recent Newspaper news on interfaith marriages

Converted wife can seek divorce only after renouncing Islam: HC (October 2014)

Arya Samaj marriage not valid for a Muslim (Times of India)

Don’t fake-convert (legal issues)

Muslim laws on Polygamy and Talaak

Hindu divorce laws- India

Marriage laws in India – good information

Section 2 in the Dissolution of Muslim Marriages Act, 1939: Grounds for decree for dissolution of marriage.—A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage… Read

Readers, if you know of special legal cases or have experience, please share it here for the benefit of other interfaith couples.

Disclosures: InterfaithShaadi is an international organization and has no legal credentials in any country. All advise provided here are based on common senses. You should check with a marriage lawyer/attorney in your own country for advise.

Return to Interfaithshaadi.org

326 Responses to “Interfaith Marriage and Divorce Laws”

  1. veena says:

    i want to know-when a women of brahmin family is married to a man from backward cast (Yadav). if they are getting divorced. what cast will that girl fall into after divorce.

    • admin says:

      Good question but we do not know a clear answer. If it is India, probably the father’s faith. If you both agree, it is what ever two of you two decide. Why are you asking this question? Do you want your child to have benefits of being of a backward class? If not, how does it matter?

      • veena says:

        my concern is not about my child.i just want to know. if today i being a brahmin girl marry a yadav guy. and in few years he happen to leave me or i happen to leave him.. i.e We get divorced. after the divore what caste will i belong to. I did not mention about any CHILD and BIRTH and RESERVATION.

        • Admin says:

          If you want, you can maintain your maiden last name after marriage, if he agree to it. We believe there is no law that says you have to change your name. Caste comes in picture only when you are trying to apply for job or try to get benefit from it. Lets say you have a divorce after five years with that yadav, you can always change your name last name back to your maiden name and your caste go along with it.

          If you are not proud of what he is, why do you want to marry him? Why not treat him like a good human being and a good Hindu and be proud of him?

  2. Pooja says:

    Hello, I am in great problem i was in relationship with a guy from 2 years and 3 month.He torchered me for physical relation and gives me the promise of marriage. On 7 Dec 2014 we got married but the marriage was in temple in presence of our two friend. And then boy said we will do marriage in front of our parients after 2 years. And 2 years completed now he is refusing me to marry as his parents are not agree for our relationship. We were in physical relationship form 2 years and i abort 2 times.And now my parent know each and everything as he told him last week so that he got freedom form my end. Now i dont have anything in life.Is there any act so that i can lodge a police complaint against him i have all prooves like messages, photos and call recordings.

    Please help i am very dissappointed from my life.

    • admin says:

      Pooja,

      Every one makes mistakes in life. More important is how you fix your mistakes and put your life back on track. Those who fails in doing so, fails for life. Those who manage to put their past in the past and learn to start working for the future, can excel.

      From reading all these, it appears that your relationship and marriage were consensual. There is very little police will do unless you can prove there was something illegal about it or there was physical abuse. However, keep all evidences, do not destroy out of emotion.

      Tell us what you wish to do now? Do you want to marry him legally, be his wife and raise his children? Alternatively do you wish to forget him and start a new life?

  3. Rachana says:

    solution plz…My friend married with budhist girl but it is not legal she is under 18 and from 2 years they not live together becouse she have helth issue… he dant want to stay with her… but she not give him divorce she force to pay money…they not tell my friend that she is under 18 of marriege time & she have Health issue also…They chits with my friend…he want to marry with other girl what he can do in that situation plz help & give Solution

    • admin says:

      They are married, that is a fact.

      She being underage at the time of marriage has to be discussed as a part of the divorce process. If she had some serious health issue before marriage and did not disclosed, again that has to be discussed at the divorce time. Contact your divorce lawyer. Note that divorce will be very expensive and time consuming. For these reasons, it would be wise to pay her well (rather than the lawyer) and settle the case.

  4. riaz says:

    Hello admin.
    I m a Muslim married to a muslim woman as per the Muslim laws of marriage. The marriage was also registered as per the Tamil Nadu registration of marriage act 2009. If I want to divorce my wife, can it be done as per the Muslim laws or the civil laws also applicable? If so, then how to go about it. Thank you

  5. Manasa says:

    Hi. M in trouble. Don’t know what to do! I got married as per the hindu rituals. It was going good at first then later on in had gone to my native to perform a ritual. Then after coming from my mother’s place I found a little bit of difference in my husband’s and my in law parents behaviour then as the day passed the difference between myself and my husband started growing. On day I don’t know what talks were held between my parent in laws that they started torturing me giving lecture for 4 to 5 hrs in the night saying that after marriage the girl do not have any relationships with her parents and are dead for her n so on n my husband and my in laws forced me not to talk with any of my parents or people who have bought me up. My husband forcefully made me to put a promise as to not to talk to anyone, it was like a house arrest for me he used to not to talk to me n used to stay with his mother. And had done even more. Now after knowing all this they say thy haven’t done anything. So I have left him n that house and it’s almost one and a half years that I’m staying in my uncle’s house without any monetary help by them and in the mean while a gave birth to a baby girl n it’s been 10 months that they haven’t come to see my baby and and in the 1 1/2yr my husband have sent letters which have torched me even more. Now they have gone to the court under the restitution of conjugal rights. I want me n my husband stay separately far away from his parents. He is not willing to come n I don’t want to go there n there is no much communication between us. Please help me..

    Reply at http://www.interfaithshaadi.org/blog/?p=11699

  6. Nikhil says:

    Dear Admin pls pls pls help me. I m not finding any solution on this. I m Hindu married to Catholic girl since 2009.
    And fact is that she is still virgin. As she was never comfortable to have intercourse. And even I never forced her. And due to this ant many other reason we decided to have mutual divorce and filled petition in 2013. But later she changed her mind. And now when I put 1 side case she appointed lawyer. And I see this case will long yrs. Which I don’t want too. As I wanted to settled down with other girl asap. I really have no idea wht I shd do. And also she wants to keep children in her religon onl which I could never accept.
    So on what ground I can fight n get divorce frm her. Pls pls pls help.

    Pls contact me if u can so I can explain u more better I really want to come out of this soon as it’s spoiling Mt career health and affecting mentally too.

    Reply at http://www.interfaithshaadi.org/blog/?p=11618

  7. dhiraj says:

    Hello admin I married hundu girl but we don’t have any baby last 6 years that’s why my wife forced me to marry another girl for baby our marage not registered with any legal act we don’t have any marriage certificate we married in Tempe so we lost that certificate other side the other girl was agree for marriage in this situation & I have a son from second wife but she wants divorce from me my second marriage was also done temple and that certificate torn my second wife she is mentally sick,she threatening me always staying that she will commit suicide lot of time she left home I bring her back but now she wants divorce from me I’m agree for it but don’t know what it do plz help my first wife her never gave any trouble she also never gave any trouble to my first wife we live together but now she wants divorce how can I give her divorce in this situation plz help

    • admin says:

      Basically you are married but don’t have any registered marriage with the government. If you now separate the same way, then there is not going to be any issue. Government is not going to come at your door asking why you two are not now living together. However, if any one (like one of your wife) contest to your divorce then you will have a legal issue. If you want to make it clear, for divorce, contact a divorce lawyer and go through a legal divorce. You will have to decide for money payments and child custody and a judge will be involved to decide the divorce terms. Best wishes.

      • Geoff White says:

        Hi – I’m a journalist here in the UK. I’m putting together a report on interfaith relationships in India, and I’m keen to get in touch with the site’s admin.

        I can be reached at geoff@gwhite.info or on +44 7470 177 915.

        Thanks – I look forward to speaking with you.

        Geoff.

  8. Ami says:

    Hi I’m a Hindu girl. I married to a Muslim boy in aug 2014 in both traditions with both sides parents blessings. After the marriage with in a week, we came to USA for masters on seperate F1 visas. My husband and me didn’t register our marriage. But on the Muslim side marriage they changed my name to Muslim name. As I already got F1 visa with my birth name before my marriage. We came here with no issues. But after my masters I updated my marital status as married and also filed USA tax returns on the name of me and my husband. When we had a necessary to get marriage certificate, we tried from Muslim marriage side. They said they will give certificate with my new name only. As I have all my certificates, ID proofs, Passport with my birth name. It would not work that certificate here in USA. As we got married in Hindu tradition also , we tried to get a certificate from Hindu side. They said that we can’t count it under Hindu marriage act. Someone said that there is an option of special marriage act for us. But we want the certificate that we got married in aug 2014.We are planning to come to India in January or February 2017. Can we get the marriage certificate that we got married in aug 2014 and got registered now in 2017 ( I have hindu marriage photos,videos,marriage receipt from function hall,wedding card) and Is special marriage act applicable for a hindu girl and muslim boy?can you please help me to get marriage certificate in the correct way.Thanks in advance.

    Reply at http://www.interfaithshaadi.org/blog/?p=11562

  9. Sanju says:

    If I convert to Christianity can I divorce my wife.. because she doesn’t want to convert..

    • admin says:

      No.
      If you wish to divorce her, you have to go through routine divorce process. Your change of religion has no meaning to your current marriage.
      Can you tell us why you wish to convert? Did you consider Islam or Buddhism?

    • waseem says:

      hi

      I’m in big problem . My english is not really good but I have been listening lots of things about u and I have some quations to which I am looking for answers .

      2 years ago I married a Hindu girl. 15 days before marriage she accepted islam and convert in to the islam. I never forced her to change her name but she did it all on her own decision. We had a court marriagr in the presence of Kazi ji and with Islamic nikha.
      Aftr wedding I taught her namaaz and other islamic traditions and she also performed namaaz. But after marriagr she used to be stay at her place with mom. We told her mother that we r married after 5 months. She told me dont tell everyone about the said marriage now, let her complete her education. My family also supported her alot in it .After education that is , in July 2016 she told about our marriage at her place. Till then she was in support of the marriage. She even wanted to go to the police station because she was scared and kept telling me let’s go. She was strong and she was willing to fight with her family aftr tell about us. Her brother (sibling) would beat her on numerous occasions about which she told me. On 3 july, her brother mom and she went to her masa’s place and there they all forced her to leave me but she was not ready she told them to u at least meet me and and my family once . They were not ready and aftr all this her masi told if u leave your nana, nani mom will die.
      Now my wife still is missing ,not in contact
      Also I contacted police but they are not helping me. 7 days ago I got a letter of their advocate telling me that I used fraudulent ways to get married and she didn’t not know she is being coverted to islam .
      The advocate produced me her reconversion from Islam to Hinduism and one Kazi of Mumbai gave them certificate .e stating her reconversion to Hinduism makes the marriage null and void as per Islam , she is not u r wife now so she is free from religion and married life
      All over in the affidavits they sent me they mentioned that she converted to Islam on 18 September 2014 (on day of marriage) bu in reality she converted on 9 September 2014 with affidavit n her wish.
      They are not letting me meet , talk or even see her. I just want to know answers to some questions.

      1) Can Kazi give certificate without knowing all the matter without watching any affidavit and all is it ?

      2) if my wife converted in Hinduism because of force and harassment, but she cannot help it without even telling or asking me so is it acceptable in islam and is she still married to me ?

      3) What can I do for her ?

      4) Is my marriage perfect ?

      5) Am I still in the marriage ?

      Reply at http://www.interfaithshaadi.org/blog/?p=11631

  10. sun says:

    Hi its been 9 yrs of my marriage n I have a kid , my husband has run away n living some we’re in Delhi he s not even ready to look after me and my kid since marriage , its been 1 yr I filed maintenance against h n still dates going on . I want to marry a person whom I love who is sincerely waiting for me . can I just marry him without divorce decree. As my husband not capable of taking care of me n my kid , always running away from responsibility kindly revert me

    • admin says:

      We are sorry to hear of your situation, it must be very hard life.
      Polygamy is not allowed in India for non-Muslims. Unfortunately, you cannot “marry him without divorce decree.”

    • M.Hussain says:

      I M A MUSLIM UNMARRIED 25 YEARS BOY I WOULD LIKE TO MARRY WITH A GIRLS WHO HAVING MORE THAN 2 YEARS OLD & SHE GOT ALREADY MARRIED & HAVIBNG 2 BABIES, HER HUSBAND NOT CARE HERE SHE WANTS TO MARRY WITH IS IT POSSIBLE TO MARRY WITH HER, PLEASE KINDLY COUNSEL ME , REALLY I M SO CONFUSE. ABOUT IT.

  11. Vaishali says:

    Mine was an intercaste marriage, he forced me into a court marriage by giving suicidal threats. I was frightened as he tried suicidal attempts in my prese ce,that had a huge impact on my mind n i became his puppet.a fter marriage,he was very abusive. 9 mo ths aftr marriage,my parents came to know that i was suffering from some mental disorder so they came to pick me up from thr. He din let me, infact broke me from my parents. One day i secretly called my parents n in his absence i left that home, n i was taken to psychiatrist,who said it was schizophrenia. N since then love changed a lot, i tried to make it up but din work, he din come, but i filed divorce,n again he din come. He showed his face on the day d court was going to gv decision in my favor.he jz wants to hurt me n my family, i dont knw,if he s still single or married. I cnt go bk to him. I hate tht person. I want to move on, have a family, kids. But he gvs an excuse everytime n misses court. Courtlady too is very strict . She treats me as if i m d culprit. I hate tht lady. These ppl r ruining my life. My one mistake has cost me n my family so much f pain

    Reply at http://www.interfaithshaadi.org/blog/?p=11498

    • Vaishali says:

      My life is spoiled by him n he on other hand is enjoying his life. I din file any domestic violence case as i din want to spoil anyone’s life. I myself have made a fool out of myself. Court lady gives such long dates, she ignores my applications. How will i get rid of this unwanted marriage. Kindly suggest

  12. Rajib says:

    Sir,
    Please help me from a problem that I had married in 2010 with Special marriage act and later on did Hindu marriage rituals and in 2013 I got ex-party Divorce under Hindu marriage act 13A by miss filling of lawyer and component Court authority also passed the decree of x-party divorce under HMA. I therefore remarry again in 2014 and in 2016 ex-wife has filled case 494 against me. Now please help me whether my 2nd marriage will be void and null due to my lawyer’s mistake? if there may any judgment regarding my matter then please provide that. thanks.

    • admin says:

      Sorry we are not a legal expert. We request to ask your lawyer for explanation for your situation. Sorry we can’t help.

  13. Kishore says:

    Hello Admin,

    I have been loving a girl since 5 years. Now my parents are not agreeing to the marriage. So I said her they are not accepting and moved away from her. But she is not understanding that and constantly disturbing me by calls and messages. Few days before her parents and relatives violently threatened me and did register marriage for both of us without my parents’ consent. Can you help me on what grounds the marriage can be nullified? I don’t want to do anything against my parents. Kindly help.

    • admin says:

      Hi Kishore,

      You said, “violently threatened me and did register marriage,” can you prove it in court?

      Two adults can voluntarily register marriage and do not need approval from parents (but parents have rights to express concerns). There is no need that your parents have to approve this marriage, as far as you approved it. When you signed on registration application and waited for notification waiting period, was this by your wish?

      From your heart, tell us if you loved her? Sometimes, you have to convince your parents that this is your love and please approve it. Can you work on your parents? See if you can save this marriage. If not, a formal divorce process is the way to go.

  14. Jasvir says:

    Thank you admin for guiding me to the right way. You are doing great work. Please keep it up. May God bless you.

  15. Jasvir says:

    Hi admin,

    Me and my girlfriend are hindu. Her parents get her married without her will as per Hindu Riti (with force on her), About 20 days ago. They did not register marriage on court. Now we both wanna get married without doing divorce.. Can we both change religion say christian and get married without giving divorce. Please help me.. We both are in deep love n can’t live without each other.

    • admin says:

      We understand your pain. Parents should not force their belief and practices on their child. However, we are glad you thought about laws.

      She is married and, repeating, she is married. Even parents may not have registered their marriage does not mean she is not married today. There are millions of people got married but have not registered, does not mean they are not married. Parents could prove in court with many witnesses that she had a wedding and is married.

      Hindus, Jains, Sikhs, Christians, Buddhists and atheists are not allowed polygamy (more than one marriage), it is only allowed up to 4 wives for a Muslim men (not women) in India. Even you convert to Islam today, you cannot marry to already married Hindu woman. Unfortunately, she must get divorce to marry you.

      • Jasvir says:

        Thank you admin for your valuable suggestion. Now as per law, can you please tell me any method by which she get divorce as early as possible. If she change her religion and raise a divorce file, how much time it will take.

        • admin says:

          You will have to contact a divorce attorney to initiate paper work. The judge will ask certain waiting period for the current marriage to work out. After that, the Judge will grant her the divorce. Please go to a local marriage department office and they may explain you the process in detail. Her new religion has little to do with this divorce process.

  16. abhishek says:

    Hi admin

    Sir how to divorce a newly registration marriage ( I marry her 2 day before)

    Plz sand valuable ans. It is helpful for me

    • admin says:

      Did you married out of force? Is there any reconciliation possible? Was it interfaith marriage?

      Unfortunately, it is easy to get married but divorces are difficult and expensive. You may have to get help from a lawyer. You will have to file for divorce with your local governmental authority. There will be certain waiting period. The process will be fast if your “wife” also agree for it. If not, the judge will decide.

  17. uzma khan says:

    I want to marry a man who already married n have wife but she is not living with him so how can i proceed to marry by special marriageact plzz reply me my no is xxx

    • admin says:

      Sorry, this is not a matrimonial site and can’t help you. You are a Muslim, why do you want an unIslamic act of marrying by a secular marriage? Why do you not want a Nikaah?

  18. Sayani says:

    My friend was married to a hindu guy in 2014 Under the special marriage Act..she is also a hindu girl..they never lived together…they are even not in touch with each other..no sexual relations were made..they even lost both of the marriage certificate…now my friend wanted to get married..is she need a divorce?

    • admin says:

      Yes, a big YES. When you registered your married by the Special Marriage Act 1954, it is in government document that these two couple are married. As per Indian laws, non-Muslims cannot have polygamy (multiple marriages). It is must to have these two parties officially terminate their marriage (divorce) and then only marry someone else. If you don’t follow laws, you could get in deep trouble later in life. Best wishes.

      • Sayani says:

        But the boy will not claim for their marriage and he had no proovs as well…if no one complains then can there be any problems?

  19. Abide says:

    Hi

    I am currently living in UK under ‘indefinite level to remain’ visa. I got married a year last March in India to a Hindu woman, I am a Hindu man. Dowry was taken out also. I want to get a divorced as am not happy in the marriage. She still lives in India and I live in UK. My family, plus she and her family do not consent to this divorce. My wish would be to one day live perminantly in the UK. How do I get a divorce? Please help? Can I file for a divorce in Uk or even in India? Is this even possible? Because of the dowry?

    Any help would be greatly appreciated. Thank you.

    • admin says:

      In an ideal world, one would say try to make out this marriage. It is not fair to the other side and will ruin a life of an innocent girl. Try your best to make out the marriage.

      Now to your question, your marriage is registered in India and in Indian government books. The UK does not know it. However, if ever, you file any official papers to UK government, you must be truthful for your marriage (any where in the world). If not, UK government could revoke your application and fruits of it even after 30 years because your application was inaccurate. Bottomline, it is good to clear out your marriage/divorce status sooner than later.

      Since your marriage record is in India, you have to deal with Indian marriage bureau or Indian Embassy. Contact Indian embassy in UK if they allows you to file divorce in UK. Best is to contact an attorney expert in this case. Best wishes.

  20. Rahul Ahiwale says:

    i required all information about Hindu marge act and penal provigen .

  21. Emmanuel says:

    Hii sir,

    I have married a muslim girl as I am a christian and it’s 1year, from the time of marriage we are not staying together as I want to stay with her but she doesn’t want to stay bcoz of her parents are denying and they are planning of divorce, I want to know the terms and conditions as well as the procedure that how this divorce will be possible or impossible…. Plz reply my concern ASAP

    Reply at http://www.interfaithshaadi.org/blog/?p=11184

  22. Prakash says:

    Both husband and wife are Hindu and belongs to same caste. Marriage was registered under the special marriage act and on same day marriage was also solemnized as per Hindu vedic rituals. Now they want to file divorce petition by mutual consent. Now issue is should I file divorce petition under section 28 of Special marriage act or Under section 13b of Hindu marriage act.

    • admin says:

      In India, generally, the first marriage counts. However, if you have not registered your Hindu wedding with any agency, then there is no question of asking to correct it for the divorce. You always want to make sure to clarify that any other marriage for this couple will also considered null and void.

      Are you the couple or an attorney? Note we are not a legal expert but guide based on common senses. So take this advise ‘with a grain of salt.’

  23. payal says:

    My name is payal i m in a relation with a boy and he is a married, i m a single, he has also a child i wants to marry with him without divorce if any type of query or better suggestion please contact immediately on my mail id

    • admin says:

      Payal,
      We assume you both are Hindus and living in India. Polygamy is not permitted in India for non-Muslims and thus one man can legally married to only one woman. You must wait till he gets a formal divorce from his wife.

      Now think of an ethical issue, think of his wife. How would you feel if one day (him as) your husband find a third beautiful girl in neighborhood and wishes to kick you out and marry a third girl? Will it give you joy that he is having good sex life at the expense of different women? Is it not time to teach him to be respectful to his wife and children?

      Now think of practical issue. We understand you are in love, but love is blind. First, legally you cannot marry him. If he wants divorce, it will take 2-3 years. Further he will have to pay handsomely for child support. This man will be so poor when he marries you that he will not be able to provide basic needs of your planned married life. On top, your parents, his parents and the society will make your life hell. Even after putting up with all these, you will find later that your husband is not 100% committed to you (a new wife) because he still has soft corner left for his child and divorced wife.

      We believe there are tons of issues waiting for you. You decide what is right for you. Best wishes.

  24. admin says:

    No, there is no other option. Polygamy is prohibited in India for non-Muslims.

  25. Vishnu says:

    I got married and have a child I am a Hindu I would like to marry another lady legally.is there any law or rule to marry another girl without divorcing first wife Help me with good reply

  26. Bharath says:

    i m a hindu,I have got married 5 years back with Muslim girls under special marriage act. And now my wife want to change her Name As our hindhu culture.
    what is formality to chenge hit name in all her records ….?

    Reply at http://www.interfaithshaadi.org/blog/?p=11004

  27. Sneha Meena says:

    Hi,
    This post is very useful for every one. A lots of thanks for sharing this post.

    Regrads,
    Sneha Meena
    http://chadhalawyers.co.in/courtmarriage.php

  28. Tina says:

    Christian lady :Also pls help i do not want to convert into a hindu , is there any special act or law that i need to proceed or just i can fill the form and do the formality

    • admin says:

      When you marry by the Special Marriage Act, there is no need for any one to convert. Make sure the boy is in full agreement to it. If you are going to live with his parents after marriage, then you should talk to them about your plan. Let us know what else we can tell you?

  29. Tina says:

    catholic lady divorce want to re-marry hindu boy in the court

  30. Nitin Sharma says:

    Sir ,
    My name is nitin sharma i m in a relation with a girl and she is a married woman i m a single guy she have also a child i want to marry her without divorce if any type of query or better suggestion please contact immediately on my mail id

  31. Sarah says:

    Hi, I’m Jenny I’m 22 yrs old and I’m a Christian. I have been in a relationship with a Muslim guy and we wanted to get married.
    What should we do if our parents doesn’t accept us? Please help!

    • admin says:

      How are you going to get married? .. in your church, by Islamic Nikaah or by the Special Marriage Act 1954?

      Are you ready to be a Muslim and raise Muslim children? There is no way he will allow you to teach your children that Jesus is a Son of Allah, are you okay with it?

  32. Radha says:

    Hi admin.

    Iam Hindu girl and,I got special marriage act 1954 with Muslim guy who allrady married with the same religion girl. Now iam not at all intrest to stay with my husband as 2nd wife my parance planning to get my marriage with hindu boy i can get another marraige? please help!!

  33. Rita says:

    hi wanted to know can a muslim man who is already married to a muslim women ,marry again and his second wife being a hindu.Is it allowed and if he has to have second marriage what are the formalities since the second wife is hindu.

    Reply at http://www.interfaithshaadi.org/blog/?p=10868

    • mohammed says:

      Sorry sister..

      Its not allowed in islam to marry with a non muslim..

      Allah clearly says in the Quran
      In surah baqrah chapter 2 v 221
      ” And do not marry polytheistic women
      until they believe. And a believing slave woman is better than a polytheist, even though she might please you. And do not marry polytheistic men [to your women]
      until they believe. And a believing slave is better than a polytheist, even though he might please you. Those invite [you] to the Fire, but Allah invites to Paradise and to forgiveness, by His permission. And He makes clear His verses to the
      people that perhaps they may remember. ”

      Polygamy is allowed in Islam but being u a hindu its not permissible to marry a muslim boy in islam.

      • Rita says:

        Thank you mohammed for your response,What if the Hindu girl converts to islam then is it allowed for him to do second marriage with her.And is it allowed to do register marriage.

        • mohammed says:

          Most welcome sistr,

          It is permissible in islam to marry second time for the men,

          Allah says in the Quran in surah nisa chapter 4 v 3
          ” And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four. But if you fear that
          you will not be just, then [marry only] one or those your right hand possesses. That is more suitable that you may not incline [to injustice]. ”

          islam permits marry upto 4 times for men, but should give justice to four of equally.weather it will be love, money or any thing but should be justice. . if he thinks that he will fail to give justice then should marry only one..

          and sister. . my suggestion is dont fake convert to islam or only for marrying purpose its not permissible in islam.. If you really want to enter the true deen(faith) , study and learn islam before converting its better for you.

          • Rita says:

            Brother I seek your advice as I am very upset and confused.The man I love is muslim as we have been in relation for 5 yrs he wanted to marry me n I was ready 2 convert to islam and ajust,his family didn’t approve and he married the girl they looked for him,for his families’ happiness he got married yet he still has love and affection for me and we are still in relation.i gave up everything for him I didn’t get married to any1 neither am I planning to,he promised he will never leave me and still care for me and he is my big support.his wife stays in india and we work 2gthr so our communication is almost everyday.we understand each other so much and he is happy with me. ofcourse he gives full respect to his wife but he has love for me and shares everything with me than her.he said he is very happy when he is with me as we support each other and in his difficult time I m always thr .at the moment his parents are happy he takes care of every1 makes sure thr is peace at home.and he manages well.
            but my life is hanging on to something vr I have not progressed anyvr,
            he does want to marry me but it is difficult cause when thy hv not accepted me b4 why will they accept me now his brothers had also tired to convince his parents but they didn’t agree b4 only cause I am hindu.i understand parents are imp but what about girls like us who give up everything for them we have family as well yet we sacrifice a lot for men.am in a situation vr I cant move on with some1 else and I deeply love him I never have greed for money,or I dnt want to marry him for my advantage or sm benift.i nvr asked him anything all I asked was to get married. I am ready to be his second wife despite all odds.but I feel he will not as he dsnt want to hurt his family.but I stand no vr I feel helpless.its easy to say move on find sm1 else but at the stage I am its not easy.

            Reply at http://www.interfaithshaadi.org/blog/?p=10868

          • Rita says:

            Am I wrong in this matter to love a man who is married Or his he wrong.

        • mohammed says:

          dear sister,

          we respect ur situation, I understand about your situation, but i only give suggestion only on the based on islam because you are in love with muslim boy.. thats why i told you before converting to islam. learn and understand islam because its your future..Masha Allah , Allah wants to give hiday in the way of true path i.e.. islam besides ur false religion but please dont fake convert it will give problem to your future because Islam doesnot permits for fake conversion

          and by the way as i above mentioned that if you want to become second wife he wants to give justice to you as well as his first wife equally.. and marriage will be valid through nikah as per islam

          Reply at http://www.interfaithshaadi.org/blog/?p=10868

        • mohammed says:

          Its my pleasure sister..

          still if you didnt convience my answer. tell me In Sha Allah , I help you as much as possible . if you have any other question you are most welcome to ask

          • Rita says:

            Thank you for your advice.Its made me more clear on how things can be done.yes I will always seek your advice if i ever have doubts.
            In Sha Allah I wish soon I marry him which I feel may not happen but hope is thr cause I belive. we still are 2gthr having the same lv n support 4 each othr If Allah made us meet thn thr has to b some reason.
            I pray all goes well

        • mohammed says:

          May Allah bless you sister and full fill your wishes

        • mohammed says:

          Becoming a Muslim is a simple and easy process. All that a person has to do is to say a sentence called the Testimony of Faith (Shahada), which is pronounced as:

          ” Ash-hadu an laa ilaaha illaallaah,wa ash-hadu anna Muhammadan-ar-rasool ullaah ” (In Arabic)

          “I bear witness that there is no God worthy to be worshiped but Allah, and I bear witness that Muhammad is the Messenger of Allah.”

          Pronouncing the testimony of faith is sufficient to make one a convert to Muslim

          Once a person says the Testimony of Faith (Shahada) with conviction and understanding its meaning, then he/she has become a Muslim.

          The first part, “There is no true deity but God,” means that none has the right to be worshipped but God alone, and that God has neither partner nor son.

          The second part means that Muhammad was a true Prophet sent by God to humankind.

          To be a Muslim, one should also:
          – Believe that the Holy Quran is the
          literal word of God, revealed by Him.
          – Believe that the Judgment Day
          (Resurrection Day) is true and will
          come.
          – Believe in the prophets that God
          sent and the books He revealed, and
          in His angels.
          – Accept Islam as his/her religion.
          – Not worship anything nor anyone
          except God.

          note : No one should force/giving pressure for you to convert in islam

          Go to the near mosque and testify or if you have your any muslim friends testify it near to them for creating the evidence

        • Momeen says:

          Rita,
          At first, I just thought of ignoring your idiocy but you’re being completely deceived by everyone you trust that I’ve been forced to reply!

          The only party in this clumsy matter who have helped you is the rogue’s parents‐ by rejecting you!

          You started dating him believing that it would end in marriage and as per today’s modern girls’ ways, must have developed physical relationship with him. When his parents rejected and he married another girl, the very same day you should have moved away from this criminal and started a new life. But given your innocence/ idiocy and his vicious nature, the relationship continued…

          You’re an educated and earning woman and if you don’t have self‐respect what’s the use of education and career? This fellow has been thoroughly manipulating you physically, psychologically and even financially and you’ve become a pawn in the crook’s hands.

          You want to enter into second marriage with him which is absolutely permissible in Islam and here you’re beginning the journey with your trusted brother, Mohammed.

          I think it’s written in your fate to trust charlatans as trusted mates!

          What your new‐found trusted brother will not tell you is that the rogue who has been cheating you for years can trap another girl and marry her too and that will also be legal! He can marry four and you’ll end up as one of his doormats!

          The scoundrel who has completely destroyed your life, what’s the guarantee that he would not entice some other girl and add on to the list?

          There are thousands of women in this world who’ve divorced after having children, remarried and lead a happy life. So, when you’re not even married, what’s the harm in moving away from this fraudster and find a new, good‐hearted man?

          Resign the job, move out of Dubai, start a new life ‐ you may find a suitable partner or if you don’t want, remain single; by opting to marry him, you’re pushing yourself into the hellfire!

          Read this eye-opener to understand how lovers can end up as monsters!
          http://indianexpress.com/article/india/india-news-india/techie-arrested-for-confining-sexually-assaulting-ex-colleague/

          This is my suggestion, its your life‐ your decision will make or mar!

          Reply at http://www.interfaithshaadi.org/blog/?p=10868

          • Rita says:

            Hi Momeen,i agree with u infact I thgt abt ths b4,u have written to me I appreciate it.i knw am dreaming smthng tht will nvr happn but wht to do.i was feeling so frustrated.but every girls situation is diffrnt..im nt muslim I hv no problem against any religion I respect all.i just wanted to knw few things that’s n clear my doubts.thank u for ur advice.i was looking at diffrnt views..in the end its me who has 2 move on .I hv faced a lot.so was confused n lost.
            I hv faith in God I worship.i personally dnt believe in changing religion but wanted to knw hw things wrk out.

            Reply only at http://www.interfaithshaadi.org/blog/?p=10868

        • mohammed says:

          Its my pleasure sister., I really get happy when i help peoples especially for the couples

          May Allah bless you and wish ur success in both this world as well as in hereafter

  34. My name is Rajender kumar, age of 45 years living separate from hindu wife and giving monthly maintanance by court order but not divorced. Now I accept islaam last year and want to marry with a muslim girl. Please tell me that This marriage is legal or illegal at present as per indian panel court and muslim personal law.

    • admin says:

      It may be okay as per Muslim laws but it would be wise to wait for a full clearance of your divorce before getting into another marriage as per general Indian laws. Actor Dharmendar/Hema Malini fake-convert to Islam to get married but these rich people could get away with loop holes. Contact attorney for guidance.

      • mac says:

        Dear Rajendar Kumar, are you serious convert to islam or you just fake converted to islam, if you convert to islam, then hindu marriage act will not apply on you

  35. Jeeva says:

    Hello Admin,

    Post divorce what are the necessary actions to be taken if the marriage was registered. And also kindly let me know the actions to be taken in order to remove my name from the register with the judgement copy. Thanks

    • admin says:

      Once the divorce is final, you are free to do what so ever unless it is stipulated in your divorce agreement. Marriage and divorce and permanent records, we don’t think it can be erased.

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