Legal Question in Family Law in India

Respected Sir,
I am an Australian PR ( currently living in India) .I got married in Jan 2013 to an Indian Girl. Both of us are Muslims. We good married under SMA 1954 .The only reason we got married under SMA 1954 was to expedite the Visa Application process ( as I had to file it before Jan 30 ,2013 -I hve a Letter from Australian government DIAC) .Being my spouse now She is also an Australian PR.We then got our official Nikaah done as planned in FEb 2013.We recently had minor tiffs( fights) and her father threatened my he would stop me from going to Australia ( He is a BA BL and currently working as a police sub inspector). I have not taken any dowry from them but I don have that in written. We are sharing a good relationship now. But I want to be safe as far as my future is concerned. Will it be wise on my part to get it in written by my wife that I hv not taken any dowry from her to save my self from 498a/ DV cases. And also If there is a way would like to get my self under Muslim marriage act. Please assist . And I am looking forward for a genuine reply as I have not been unjust to her.

Asked on 1/13/14, 3:54 am

3 Answers from Attorneys

anuradha Dixit +9312411481 dixitlawfirm

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once the marriage is registered under SMA the same would apply. If your relationship is good there is nothing to worry about. But even if you avoid 498A by taking the same in writing from your wife what about DV act that will still apply. And even in 498A subsequent demand for dowry can also be made by your wifes family.It is imperative that you both build a understanding amongst yourself. and lead a happily married life.For further queries contact 9312411481.

Answered on 1/13/14, 4:01 am

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Even if she writes that you have not taken any dowry it will not be a good proof against her. Once you get your marriage registered to spa same cannot be converted to muslim marriage act and your marriage will be governed by special marriage act only. in case you want more clarifications you can get in touch with us for legal research.

Answered on 1/13/14, 4:08 am

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