Marriage of a Hindu girl and Muslim boy
The "religion" of the marriage is ascertained by the customs and ceremonies performed by the parties therein. A saptapadi ("seven steps") are essential for solemnisation of a Hindu marriage, while a nikahnama along with a qazi and two witnesses, among other things, hold a crucial place in an Islamic wedding. The religion of the concerned wedding will guide the way for application of any personal law, whether Hindu or Muslim, in matters of Adoption, Succession, Divorce and Maintenance, etc.
The marriage of a Hindu girl with a Muslim boy is possible under “personal law” only under the circumstances where either of the two parties, with their consent, agree for conversion. For marriage to be solemnised under Muslim Law, the girl must convert to Islam. Similarly, for the wedding to be solemnised under Hindu Marriage Act, 1955, the boy must convert to Hinduism. The provisions for conversion have been elaborated under the personal laws respectively.
However, if both the parties insists on retaining their religion they can still solemnise their marriage under the Special Marriage Act, 1954. It is the most ideal way for both partners to get their marriage registered under this Act.
Essential conditions for solemnisation of marriage under Special Marriage Act:
A marriage between any two persons may be solemnised under this Act, if at the time of the marriage the following conditions are fulfilled, namely:
- Neither party has a living spouse
- Neither party,
- Incapable of giving valid consent to it in consequence of unsoundness of marriage
- Has been subject to recurrent attacks of insanity
- Though capable to valid consent for marriage, has been suffering from mental disorder of such kind or to such an extent that he is unfit for marriage.
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