A Valid Marriage
Conditions for a Valid Marriage-
A marriage solemnized between any two Hindus and fulfilled all conditions of “section 5 of the Hindu Marriage Act” its called valid marriage. Performance of a valid marriage is very necessary. A person has to have knowledge of the law relating to marriage in own country. In India there are five types of Law regarding the marriage.
3. Christian Law,
4. Muslim Law,
5. Parasi Law.
A marriage between two person belonging to the different religion for example like Hindu married to Muslim, Hindu married to Christian create some difficulty from the eye of the law.
A Situation of Hindu girl marriage with a Muslim boy –
A (Hindu girl) solemnized the marriage with a B (Muslim boy) against the consent of her parents. Now A(Hindu girl) has done nikkah with the boy through Kazi also. (girl name is changed to Muslim name in nikah-nama, but they did not register their marriage at court yet)and somehow the parents of the girl convinced the boy to convert to Hindu religion and do marriage through Hindu Marriage Act so that girl can be safe from triple talak and multiple marriages done in Muslims normally and easily.
But B(Muslim boy) is saying that if he does marriage under the Hindu Marriage Act then he will lose his minority reservation and benefits. so he says he can marry by the Special Marriage Act in which none of them have to change caste.
Here the following question arises :-
1. When she has already done nikKah through kazi so how can they again do marriage by Hindu Marriage Act or Special Marriage Act(claiming her as Hindu only)? will it be valid?
2. If Hindu girl marries Muslim boy under Special Marriage Act in the same way like Hindu Marriage Act(e.g: boy cant leave girl without her will or by saying talak 3 times and also boy cant marry another girl while he`s married to one girl etc).
3. If Muslim boy marries under Hindu Law will he really lose his benefits such as government job reservation?
4. If he performs the marriage under Special Marriage Act also can leave girl just by saying talak 3 times and also he can marry multiple girls at the same time because the boy is still Muslim and in Special Marriage Act Muslim law will be followed because the boy is Muslim.
These are the answer to the above questions:-
1. A (Hindu girl) has already been converted to Islam and has married as per Mohammedan Law for which she can not arrange her further marriage as per Hindu Marriage Act. For marrying under Special Marriage Act she should take talaq from her husband now and get reconverted to Hinduism and then get married only as per the Special Marriage Act. She can not get married as per Hindu Marriage Act since her husband is still a Muslim.
2. If she marries as per Special Marriage Act only and not as per Mohammedan Law, no triple talaq will be applicable on her but her husband will be entitled to marry three more times since he still stays as a Muslim.
3. Muslim boy cannot marry as per Hindu Marriage Act without converting him to Hinduism and if he becomes Hindu, he will lose the benefit offered to minority community though the said benefit is not much.
4. A Muslim boy can leave his Muslim wife by pronouncing triple talaq. If the marriage is under Special Marriage Act, he shall have to divorce his wife as per Special Marriage Act and not as per Islamic Law but can marry 4 times in total since he is still a Muslim and as per Islamic Law 4 marriages in total are allowed.
At the time of performing the marriage with the person of other religion, you have to remain more careful and need to take law in your side. Because ignorance of law affect your marriage and a valid marriage can be converted into a void or voidable marriage.