Legal Question in Family Law in India

Which Marriage is valid?

Dear Sir/Madam,

I am 30 yrs old married women. Ours was a love marriage.I was sikh and he was Muslim.We sort of had two marriages.

He and his parents came to Punjab and we got amrried in anGurudwara. However, we do not have a registration of this marriage due to some reason. My parents too were witness to this family and his aprents too.

After we left for his native place,Kashmir, I was sort of forced to convert and Marry her as per Muslim religion.I had to convert to Islam and had to change my name too.However, none of my relative were witness to this Islamic marriage(Nikah).I had to sign a document where in it was stated that I am changing my religion to Islam.

I am confud\sed now. which of these two marriages holds true and why?

Please advice.

Regards

Jeevan


Asked on 1/12/09, 11:15 am

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: Which Marriage is valid?

once you have converted to islam, your marriage is valid as per muslim law and the earlier marriage according to anand karaj holds no consequence here. in case your nikah was solemnized after you converted to islam, there is no doubt about authenticity of marriage.

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Answered on 1/12/09, 11:49 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Which Marriage is valid?

Hello.

As per your query the first marriage which was taken place in the Gurudwara is not valid in the eye of law. The second marriage through the Islamic procession is valid.

What is the confusion? If more information is needed please mail me all the details with facts on my mail address.

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Answered on 1/13/09, 3:22 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Which Marriage is valid?

Both the marriages are valid. depends on your choice which to treat valid.

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Answered on 1/13/09, 6:06 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Which Marriage is valid?

Jeevan, it is your choice in which religion you want to live and which marriage you would like to follow.

Your first marriage ceremonised in a Gurudwara by performing Anand Karaj may be perfectly valid without registration. You may seek registration of that marriage. If possible, you may obtain a "certificate of marriage" from the Gurudwara priest who performed the marriage.

If you may so desire, you may re-convert yourself into a Sikh and repudiate your Muslim name.

A legal remedy may follow once you set your goal clearly.

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Answered on 1/12/09, 4:53 pm


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