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If your spouse is diagnosed with a Sexually Transmitted Disease that prevents you from engaging in sexual intercourse, you can ask for the marriage to be declared as invalid.
Theme: Family & Marriage
I am a 16 year old Muslim girl. Can I get married?
Under Muslim law, if a girl has attained puberty (15 years) then she can get married. So, a girl of 16 years old who has attained puberty can get married.(( Shoukat Hussian and another v. State of Punjab and others [CRWP No.733 of 2021 (O&M)].))
I am a Muslim girl, can I get married to a Christian boy?
Under Muslim law, only a Muslim man can marry a Christian woman or a woman from any other religion. This is not the case for a Muslim woman, as she cannot marry a Christian Man or a man from any other religion. If she does, then she will not be considered a Muslim anymore.(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.338.))
However, now two people who are from different religions can marry and register under the Special Marriage Act, 1954. Read more on our explainer on Special Marriage.
As a Muslim, can I get married to someone from another religion under Islamic law?
A marriage between a bride and groom who is a non-Muslim is considered unlawful and does not to have any legal effect under Muslim personal law (it is ‘void’).(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.338.))
However, two people who are from different religions can marry and register under the Special Marriage Act, 1954. Read more on our explainer on Special Marriage.
My friend wants to get married to an older man who belongs to another religion. I do not approve of this. Can I object to her marriage under the Special Marriage Act?
Any person may object to a marriage if it goes against any of the requirements given in Section 4 of the Act. The objection must be made within 30 days of publication of the notice of the intended marriage. When an objection is made, the Marriage Officer will not allow the marriage to be performed until they address the objection. They will then make a decision within 30 days of the objection whether to uphold it or not. If they uphold the objection they will not perform the marriage.
I am a Hindu woman and I want to get married to a Muslim man. Is this possible?
Yes. Inter-religious marriages are permitted under the Special Marriage Act. Even if the marrying parties belong to different religions, they can get married under this Act without having to convert or change their religion. The only requirement is the valid consent of the parties. You must be at least 21 years old (if male) or 18 years old (if female).
Do I need to inform a government official about my inter-religious marriage?
When a marriage is performed under this Act, the parties getting married shall give a notice in writing to the Marriage Officer of the district in which at least one of the parties has resided for at least thirty days immediately before the date on which the notice is given.
What happens when you register an inter-religious marriage?
A marriage that has been registered under the Act by a marriage officer will be entered in the Marriage Certificate Book and will be deemed to be a legitimate marriage under the Act. All the children born after the date of the ceremony will also be considered to be legitimate children.
How do you check the validity or prove an inter-religious marriage?
The marriage certificate given to you by the Marriage Officer is the proof of validity of an inter-religious marriage.
I am being harassed in my arranged marriage. What can I do?
If you are being harassed in your marriage, then you can file for divorce on the grounds of cruelty. If you have been married under Hindu law then your divorce will also be governed by the same law. You can divorce your spouse only based on the reasons specified in the law. It is harder to seek a divorce simply only on the grounds that you no longer wish to remain married without it matching any reasons recognized by the law. However, it is possible to get a divorce if you and your spouse mutually consent to it. Divorce can take place if the husband or wife brings a petition to the Court based on the recognized reasons.