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Oct 27, 2010

Raghunath Redij, aka Appa is no more. An hard-core activist who started Sugava Mishra Vivah Mandal some...Read more

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Special Marriage act for Muslim Couple

We are a muslim couple and would like to get marriage but my girl’s parents are not agreed with us. i am working outside india and every time have tension that her parents can marry her with some other guy forcefully. So we both have decided to marry without parents knowledge and will inform them after marriage. Please let me know how can you help me in this situation.

Mohammad Asif

Dear Mr. Asif

if you marry her under Islam (Nikah) even your purpose get solve but the only thing is not to disclose the marriage till right time, or if any problem comes to your wife like her parents would force her to marry elsewhere than she can disclose that she is already married.

Here is complete set of information for Marriage under SMA which is rather difficult to you, because you have to follow certain rules and regulation but it has its own merits and well recognized globally and further you need not to prove your marriage.

Requirements under the Special Marriage Act, 1954

  1. The marriage performed under the Special Marriage Act, 1954 is a civil contract and accordingly, there need be no rites or ceremonial requirements.
  2. The parties have to file a Notice of Intended Marriage in the specified form to the Marriage Registrar of the district in which at least one of the parties to the marriage has resided for a period of not less than thirty days immediately preceding the date on which such notice is given.
  3. After the expiration of thirty days from the date on which notice of an intended marriage has been published, the marriage may be solemnized, unless it has been objected to by any person.
  4. The marriage may be solemnized at the specified Marriage Office.
  5. Marriage is not binding on the parties unless each party states "I, (A), take thee (B), to be my lawful wife (or husband)," in the presence of the Marriage Officer and three witnesses.

Conditions for marriage under the Special Marriage Act, 1954

  1. Each party involved should have no other subsisting valid marriage. In other words, each party should be monogamous (The practice or condition of being married to only one person at a time).
  2. The bridegroom must be at least 21 years old; the bride must be at least 18 years old.
  3. The parties should be competent in regards to their mental capacity to the extent that they are able to give valid consent for the marriage.
  4. The parties should not fall within the degree of prohibited relationship

Post Marriage position

Once the Couple get married under SMA or any  Marriage get registered under the Act than it will be covered under the Act only for any matrimonial issue in future which is good for Muslim woman/wife. The personal Shariat law relating to marriage will not apply in future for the parties & as such the Muslim man getting his marriage registered under this Act will not be able to remarry during the lifetime of his first wife, nor he can get rid of his wife by pronouncing triple divorce in three months, he can even not avoid providing alimony/maintenance to his wife with an excuse that adequate Mehar was giving at the time of marriage hence no more financial compensation can be levied on him through family court.

Dear Asif, I have heard lot of cases in such Nikah where even after the valid Nikah parents got couple separate by pressurising them i will suggest to get married under SMA.

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