Can a Muslim boy marry a Hindu girl?

In the legal aspect, a Muslim boy can marry a Hindu girl if the girl gives her consent freely. None of them need to convert their religion to marry each other.

In India, now there are no restrictions on inter-religious or inter-caste weddings.

Different religions have different customs and rituals of marriages and they arrange marriages according to their own religious rules and sacred ceremonies.

For example:

(1) Hindus do marriages under The Hindu Marriage Act,1955 and,

(2) Muslims do marriages according to Muslim Personal Law (Shariat), 1937.

But both have their own religious conditions for the marriage, under which, if a Hindu girl and a Muslim boy want to marry each other, under the same “Marriage Law” i.e Hindu Marriage Act, 1955 or Muslim Personal Law (Shariat), 1937. Then one of them will be required to convert their religion to become eligible for getting married under the same marriage law.

How can a Hindu girl and Muslim boy or vice-versa get married without converting their religion?

A Muslim boy and a Hindu girl can marry each other without converting their religions under “The Special Marriage Act,1954” if they both legally perform and fulfill all the conditions mentioned under Section-4 of this Act.

They both can particularly maintain and practice their religious beliefs even after inter-religion marriage.

For Example:

Saif Ali Khan (Muslim) and Kareena Kapoor (Hindu), both married without converting their religion.

(Kareena Kapoor and Saif Ali Khan married under The Special Marriage Act,1954)

Amrita was born in a Sikh family, she converted to Islam just before her marriage to actor Saif Ali Khan, who was born in a Muslim family, later they took divorce in 2004.

(Amrita and Saif Ali Khan were married under “Muslim Personal Law (Shariat), 1937”)

What are inter-caste and inter-religion marriages?

It is related to a marriage between people of different castes and different religions.

Example of inter-caste marriage

A girl and boy belonging to different castes under the same religion marrying each other.

In 2017, the Prime minister of India started a scheme:- If someone does intercaste marriage with a Dalit, they will get 2.5 lakhs incentive, in hope to encourage inter-caste marriage.

Example of Inter-religious marriage

A Hindu boy marries a Muslim girl or a Muslim boy marries a Hindu girl etc.

The right to marry is a fundamental right

The right to marry is a part of the right to life under Article 21 of the Indian Constitution.
The right to marriage is also stated under the Human Rights Charter within the meaning of the right to start a family.
The right to marry is universal and it is available to everyone irrespective of their gender.

The Special Marriage Act, 1954

People related to different religions can marry each other, without converting their original religion, it will be a registered marriage.

Under this act, every caste, community, and religion is entitled to equal human rights.

The Special Marriage Act is commonly known to the people because it is related to inter-caste marriages and inter-religion marriages.

Under The Special Marriage Act, 1954

Anyone can get married, who fulfills all the conditions that are mentioned in it.

Hindu, Muslim, Sikh, Jain, Buddha, etc, all are entitled to the rights provided in this act.

Commencement of The Special Marriage Act,1954

The commencement of this Act extends to the whole of India including Jammu & Kashmir.

It is not only for those who are living in India, in fact, but it is also for all the Indians, no matter if they are living abroad, they just have to be the citizens of India.

According to a data report of 2011, 6% of marriages in India are intercaste.

Who can marry under The Special Marriage Act

An Indian from a different caste or same caste or different religion or same religion can get married under this Act.

Essentials, to marry under The Special Marriage Act

Section-4 of The Special Marriage Act talks about conditions relating to the solemnization of special marriages

Neither party has a spouse living:

(In general, Both should not be married before, in case they were married but their spouse was dead or they are separated completely, with all legal customs of divorce.)

Neither party:

Is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
though capable of giving valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
been subject to recurrent attacks of insanity or epilepsy.

The male must have completed the age of twenty-one years and the female, the age of eighteen years.

The parties are not within the degrees of prohibited relationship and both must be physically capable to become parents.

(Exception: if a custom governing at least one of the parties permits marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship)

Prohibited relationships are:

Relationships by half-blood (if both are descended from same father but different wives), as well as, those by full blood (if both are descended from same father and same mother) or uterine blood (if both are from same mother but different fathers).
Illegitimate blood relationship as well as legitimate;
Relationship by adoption as well as by blood.

Consent of mother-father or family is needed or not?

For the Court Marriage, consent of parents is not needed. Applicants just have to fulfill the conditions and rules given in the form according to The Special Marriage Act,1964.

Process of Marriage under ‘The Special Marriage Act,1954’

For marriage, you have to fill a concerned form and submit it to the registrar of the marriage registration office of your regional district.

According to Section-5 of The Special Marriage Act,1954

When a marriage is intended to be solemnized under this act, the parties to the marriage shall give notice thereof in writing in the form specified in the second schedule, to the marriage officer 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.

General Documents needed

Age Proof
Consent proof
Physical verification proof
Regional stay proof etc.

Publication of Intended Marriage Notice

A true copy of every such notice will be attached in the marriage notice book prescribed for that purpose, and such book shall be open for inspection at all reasonable times, without fee, by any person desirous of inspecting the same.
A copy of this notice can be published to some conspicuous place in this office.
A copy of it can be published in the office of the marriage officer of the region from where the marriage-seeking parties are permanently related.
The objection should be given under the time span of thirty days.
Notice copy will be published in the registrar’s office for (approximately a month) thirty days, if there will be no objection, then the parties can marry by further proceedings according to the instruction by the officer after examination of all proofs.

By whom the objection can be presented

According to the provisions presented in Section-4 of Chapter-2 of the Act, any person can present his/her objection to the marriage.

What if objections will prove correct

If the objection will be proven correct after search and identification, then the marriage can’t be solemnized but if the objection results invalid then there will be no issue in the marriage of seeking parties.

Where the objection can be presented?

The objection should be presented in front of the concerned marriage registrar.

A question which may come to your mind, here is that ↴

Intended Public Marriage Notice will be sent to the couple’s home or not?

No, The public notice will not be sent to the couple’s home, it will be sent only to the consensus registrar’s office.

After the notice time period, if no objection will be proven

Then the couple has to be present physically in front of the marriage officer with three witnesses, the marriage registrar in front of the witnesses, administers the oath to the couple, and then the marriage certificate will be issued to the couple.

In general

The bride and groom must be physically present in front of the marriage registrar, it can not be done online.
This marriage may be solemnized by a Sub-Divisional Magistrate (SDM) or ADM (Additional Divisional Magistrate).
Any Father(priest), Pandit, or Maulvi, etc. may not be involved in this.
Three witnesses must be important.
After all legal proceedings, a certificate of marriage will be issued to them.

At that time of registration of the marriage, if the girl (bride) wants to change her surname, then she can do it.

Who will sign the marriage?

Both the parties and three witnesses will sign the marriage in the presence of the marriage officer, and then it will be countersigned by the marriage registrar.

Article and the format of the announcement

It is given under schedule 3 of the Act:

The article, and format will be prepared under the instructions of the marriage officer.

What will be the marriage place?

It will be the office of the marriage registrar or it may be a place within a limited distance from the office of the marriage registrar under such orders of the officer.

What if someone wants to marry with the rituals?

If someone wants to be married with rituals, they can marry, Pujari/Maulvi/Father or concerned priest will issue a certificate to them, after marriage, both should have to file an application to the registrar of marriage and should attach the marriage photographs/card, etc. with the application.

Protection by police

In Shaktivahini v. union of India, it was held that

Inter-caste marriage will be protected by Police, it is the responsibility of the police to protect the couple.

Marriages are also protected by The Human Rights of Protection Act,1993

The Supreme Court is also the mentor of these rights because according to article 21 of the constitution, marriage is a fundamental right.

Divorce after being married under the Special Marriage Act,1954

Any party (husband or wife) from the couple, married under the Special Marriage Act,1954, can not file a petition for divorce in court, before the completion of one year period of marriage.

Exception

If the honorable court finds that the petitioner is going through very hard conditions and it can’t be possible for the petitioner to hold that relationship anymore, then only permission for divorce can be granted.

But if the court found that petition for divorce by the petitioner is not reasonable and something therein is present to distract the court then the court will hold a stay on it under Section-29, till the completion of one year.

In case of remarriage

If the couple is divorced but wants to marry again, the prescribed time of appeal is also ended or the petition was not filed under the prescribed time limit or the appeal was canceled, then in this situation according to the Act, the couple can remarry.

Can you register for marriage online or not?

The registration of marriage can’t be done online, you may find the form of marriage online but for the registration, both the applicants must be physically present before the marriage registrar, then only the registration can be possible.

After all, we would advise you to think responsibly and decide with a proper mindset, before the marriage. Importantly, if you are going to do it against your families or society. Because marriage is one of the greatest decisions of your life, you are going to become life partners of each other, you must take this word “life partner” on a serious note. So, take your proper time to think and make the right decision wisely.

The writer is pursuing a degree of BA.LL.B (Bachelors of legislative law)
From, Department Of Law, Maharshi Dayanand University (Rohtak) Haryana, INDIA.
Reach her at Instagram @sakshiydv1108

Special Marriage Act, 1954