+91 9003080256, 044-43192211 [email protected]

Mon-Sat 10 AM - 5.30 PM

emo Inter religious marriage registration procedure in Chennai

  • legaladvisor
  • legaladvisor's Avatar
  • Visitor
10 months 2 weeks ago #960

If both are belongs to Hindu and Muslim religion , you can do your legal marriage and you have three options for complete registration.

1. Under special marriage Act 1954: ( One month process )

If you not prefer any ceremony and if you wish only court marriage, you can complete register marriage only under this Act and it will take minimum 30 days.
Complications Expected :
1. The marriage registrar will send notice to sub registrar office Tanjavore.
2. The notice will be Affixed in registrar office not less than 30 days
3. There is any objection, the registrar simply will deny the registration
Documents Required for special marriage Act Registration :
1.Age Proof
Birth Certificate (or) School, College mark sheet (or) Transfer Certificate (or) Passport
2.Address Proof.
Passport (or)Family card (or)Voter Id (or) Bank Passbook, (or)Driving Licence (or) Aadhar
and Passport-size Photo-each-8 Nos
Three witnesses (with ID proof)


2. Under Hindu Marriage Act:
If your Muslim fiance is ready to covert into Hindu religion you can perform your marriage under Hindu religious rights and customs. Based on that you can complete marriage registration in one day process.
Complications Expected :
1. The Muslim Must be converted to Hindu and she has to change her name also like Hindu
2. It will create complications while using the marriage certificate in abroad.
Documents Required for Hindu marriage Act Registration :

1.Age Proof
Birth Certificate (or) School, College mark sheet (or) Transfer Certificate (or) Passport
2.Address Proof.
Passport (or)Family card (or)Voter Id (or) Bank Passbook, (or)Driving Licence (or) Aadhar
3.Passport-size Photo-each-1 No
4. conversion certificate issued by Aryasamaj
5. gazette publication
6. invitation -2
7. temple receipt
8.Three witnesses (with ID proof)

3. Under Tamilnadu Marriage Act:
If both belongs to different religion you can do simple ceremony under shariath law without any name change . Based on that you can register the same in one day process and you can get marriage certificate in one day process
Note : In this process , no need to change your Hindu name to Muslim Name and no need to send notice to parents or local registrar.

Documents Required for Tamilnadu marriage Act Registration :
1.Age Proof
Birth Certificate (or) School, College mark sheet (or) Transfer Certificate (or) Passport
2.Address Proof.
Passport (or)Family card (or)Voter Id (or) Bank Passbook, (or)Driving Licence (or) Aadhar
3. Passport-size Photo-each-6 Nos
4. Two witnesses (with ID proof)
5. conversion letter from Jamath
So you have a three options existing for your case. You can choose your own choice.

Please Log in or Create an account to join the conversation.

  • legaladvisor
  • legaladvisor's Avatar
  • Visitor
10 months 2 weeks ago #961

Latest Hindu Muslim Marriage procedure in Chennai :
Based on recent judgments of Honorable High Court of Madras in recent times, The Inspector General Registration had issued circular to all sub Registrar office in Tamilnadu about marriage registration procedure under Taminadu Marriage Act 2009 .
In this circular production of conversion certificate for Hindu Muslim marriage is made compulsory.
This circular states that if the conversion letter issued by respective religious institution is not produced , the sub registrar has to refuse the register the marriage under Tamilnadu marriage Act . If they not produce the conversion letter , the Marriage registrars has to advise the parties to register the marriage under special marriage Act.

So after this circular , without conversion, Inter religious marriage is not possible to register under Tamilnadumarriage Act.
Note : Name change is not mandatory .

Please Log in or Create an account to join the conversation.

  • legaladvisor
  • legaladvisor's Avatar
  • Visitor
10 months 2 weeks ago #962

Hindu Muslim marriage-Amendment in Taminadu registration of Marriages Act 2009 :

The Government of Tamilnadu has amended the section 5 of Tamil Nadu Registration of Marriages Act, 2009 . Before this amendment , Any marriage can be register within 150 days from date of marriage. After 150 days Hindu marriage can be register under Hindu marriage Act in one day process.
After expiry of 150 days, the Muslim , Christians and inter religious marriages was not possible in one day process marriages not possible in one day process and they have register their marriages only under special marriage Act 1954 and they have to wait minimum 30 days to complete the registration process.

Because of this time frame, Many Muslim and Christian couples struggled a lot in Tamilnadu to get marriage certificate.
After this amendment any marriages and any time they can register their marriage under the Tamil Nadu Registration of Marriages Act, 2009 and they can get marriage certificate in Tamilnadu. This amendment definitely very useful for the Muslim and Christian couples those who struggling to get marriage certificate because of time frame.
Find the gazette copy of amendment :

A Bill to amend the Tamil Nadu Registration of Marriages Act, 2009.
BE it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-eighth Year of the Republic of India as follows:

1. (1) This Act may be called the Tamil Nadu Registration of Marriages (Amendment) Act, 2017.

(2) It shall come into force on such date as the State Government may, by notification, appoint. 2. In section 2 of the Tamil Nadu Registration of Marriages Act, 2009 (hereinafter referred to as the principal Act), for clause (e), the following clause shall be substituted, namely:
“(e) “priest” means any person who performs a marriage according to custom or usage or under any law for the time being in force;”.

3. In section 5 of the principal Act, in sub-section (1),(1) the expression “or send in the manner as may be prescribed” shall be omitted;

(2) for the proviso, the following provisos shall be substituted, namely: “Provided that where the parties to a marriage are unable to deliver the memorandum in person, the Registrar may, after recording the special circumstances for not presenting the memorandum in person, allow them to send the memorandum in such manner as may be prescribed:
Provided further that the memorandum may be delivered in person or sent in the manner prescribed to the Registrar within a further period of sixty days after expiry of the said ninety days with the payment of additional fee as may be prescribed:
Provided also that the memorandum may be delivered in person or sent in the manner prescribed to the Registrar after the expiry of sixty days specified in the second proviso with the payment of further fee of one thousand rupees”. 4. In section 7 of the principal Act, in sub-section (1), for the expression “delivered or sent”, the expression “delivered in person or sent in the manner prescribed” shall be substituted.

5. In section 14 of the principal Act, in sub-section (1), in clause (a), for the expression “deliver or send”, the expression “deliver in person or send in the manner prescribed” shall be substituted.
Short title and commencement.
Tamil Nadu Act 21 of 2009.
Amendment of Section 2.
Amendment of Section 5.
Amendment of Section 7.
Amendment of Section 14.

TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY

STATEMENT OF OBJECTS AND REASONS

The Tamil Nadu Registration of Marriages Act, 2009 (Tamil Nadu Act 21 of 2009) provides for compulsory registration of all marriages in the State of Tamil Nadu. As per the said Act, the parties to a marriage shall submit the memorandum of marriage for registration of the marriage within ninety days from the date of marriage or within a further period of sixty days with payment of additional fee. The Hon’ble High Court of Madras in its order dated 09.02.2015 in W.P. No.33645/2013 has directed to make a provision for registration of marriages beyond the period of 150 days now provided in the Act on payment of additional fee. Further, the High Court of Madras in HCP No.2767/2013 and 2141/2014 and M.P.No.1/2014 in HCP No.2767/2013, dated 17.10.2014 has inter alia observed that no registration of marriage can be done under the said Act without the physical presence of the parties to the marriage before the Registrar, except under special circumstances, after recording the reasons there for. The High Court of Madras in its order, dated 27.03.2015 in W.P. No.27552/2011 and M.P.1 of 2011 has directed to amend clause (e) of section 2 of the said Act, which defines the term “priest”, so as to cover persons of all religions. The Government have therefore decided to amend the said Tamil Nadu Act, 21 of 2009 suitably for the above purposes.
2. The Bill seeks to give effect to the above decision.

Please Log in or Create an account to join the conversation.

  • legaladvisor
  • legaladvisor's Avatar
  • Visitor
10 months 2 weeks ago #963

If you wish to do nikah in Chennai. First know about Nikah :
Mutual Agreement of Bride and Groom

Marriage (nikah) is a solemn and sacred social contract between bride and groom. This contract is a strong covenant (mithaqun Ghalithun) as expressed in Quran 4:21). The marriage contract in Islam is not a sacrament. It is revocable.

Both parties mutually agree and enter into this contract. Both bride and groom have the liberty to define various terms and conditions of their liking and make them a part of this contract.

Mahr

The marriage-gift (Mahr) is a divine injunction. The giving of mahr to the bride by the groom is an essential part of the contract.

'And give the women (on marriage) their mahr as a (nikah) free gift" (Quran 4:4)

Mahr is a token commitment of the husband's responsibility and may be paid in cash, property or movable objects to the bride herself. The amount of mahr is not legally specified, however, moderation according to the existing social norm is recommended. The mahr may be paid immediately to the bride at the time of marriage, or deferred to a later date, or a combination of both. The deferred mahr however, falls due in case of death or divorce.

One matrimonial party expresses 'ijab" willing consent to enter into marriage and the other party expresses 'qubul" acceptance of the responsibility in the assembly of marriage ceremony. The contract is written and signed by the bride and the groom and their two respective witnesses. This written marriage contract ("Aqd-Nikah) is then announced publicly.

Sermon

The assembly of nikah is addressed with a marriage sermon (khutba-tun-nikah) by the Muslim officiating the marriage. In marriage societies, customarily, a state appointed Muslim judge (Qadi) officiates the nikah ceremony and keeps the record of the marriage contract. However any trust worthy practicing Muslim can conduct the nikah ceremony, as Islam does not advocate priesthood. The documents of marriage contract/certificate are filed with the mosque (masjid) and local government for record.

Prophet Muhammad (S) made it his tradition (sunnah) to have marriage sermon delivered in the assembly to solemnize the marriage. The sermon invites the bride and the groom, as well as the participating guests in the assembly to a life of piety, mutual love, kindness, and social responsibility.

The Khutbah-tun-Nikah begins with the praise of Allah. His help and guidance is sought. The Muslim confession of faith that 'There is none worthy of worship except Allah and Muhammad is His servant and messenger" is declared. The three Quranic verses (Quran 4:1, 3:102, 33:70-71) and one Prophetic saying (hadith) form the main text of the marriage. This hadith is:

'By Allah! Among all of you I am the most God-fearing, and among you all, I am the supermost to save myself from the wrath of Allah, yet my state is that I observe prayer and sleep too. I observe fast and suspend observing them; I marry woman also. And he who turns away from my Sunnah has no relation with me". (Bukhari)

The Muslim officiating the marriage ceremony concludes the ceremony with prayer (Dua) for bride, groom, their respective families, the local Muslim community, and the Muslim community at large (Ummah)

Marriage (nikah) is considered as an act of worship (ibadah). It is virtuous to conduct it in a Mosque keeping the ceremony simple. The marriage ceremony is a social as well as a religious activity. Islam advocates simplicity in ceremonies and celebrations.

Prophet Muhammad (S) considered simple weddings the best weddings:

'The best wedding is that upon which the least trouble and expense is bestowed". (Mishkat)

Primary Requirements
1) Mutual agreement (Ijab-O-Qubul) by the bride and the groom
2) Two adult and sane witnesses
3) Mahr (marriage-gift) to be paid by the groom to the bride either immediately (muajjal) or deferred (muakhkhar), or a combination of both

Secondary Requirements
1) Legal guardian (wakeel) representing the bride
2) Written marriage contract ("Aqd-Nikah) signed by the bride and the groom and witnesses by two adult and sane witnesses
3) Qadi (State appointed Muslim judge) or Ma'zoon (a responsible person officiating the marriage ceremony)
4) Khutba-tun-Nikah to solemnize the marriage

The Marriage Banquet (Walima)

After the consummation of the marriage, the groom holds a banquet called a walima. The relatives, neighbors, and friends are invited in order to make them aware of the marriage. Both rich and poor of the family and community are invited to the marriage feasts.

Please Log in or Create an account to join the conversation.

  • legaladvisor
  • legaladvisor's Avatar
  • Visitor
10 months 2 weeks ago #964

Understand what is Hindu Muslim Nikah procedure in Tamilnadu

Introduction

Once you have chosen your life partner, it is time to think about the requirements and logistics of an Islamic wedding, or nikah. Since the Muslim community is very culturally diverse and wedding celebrations often reflect longstanding cultural and familial traditions, I will not address the particularities of dress, food, customs, and entertainment. It is up to the intended couple and their families to decide what type of celebration best suits their needs and reflects Islamic propriety.

The focus of this article is to present the essentials of Muslim nuptials from the standpoint of the Shari’ah, or sacred law. In a nutshell, we’ll be looking at what makes a marriage valid, sound, and proper in Islam through considering obligatory and sunna (recommended) aspects of the ceremony.

What is a nikah?

Linguistically, the word nikah in the Arabic lexicon denotes togetherness and intercourse. Technically, i.e., per the definition of jurists, nikah refers to a contract that renders sexual intercourse permissible upon utterance of the words “marry” or “wed” (the trilateral roots in Arabic are z-w-j and n-k-h). In other words, bride and groom agree in the presence of witnesses to marry or wed according to the Qur’an and Sunna, with a clear understanding on both sides as to what the transaction entails. Although Muslims typically define marriage in Islam as contractual rather than sacramental, Islamich researchers studies Muslim marriage in the context of the Indian legal system, argues that Islamic marriage is more covenantal. Since a nikah is a contract, it can be nullified or terminated. However, it also bears covenantal aspects since it is a serious undertaking performed in accord with sacred law and in the presence of the community.
Moving beyond the letter, however, it is important to look at the spirit of nikah. Its purpose, according to my teacher, is intimacy and companionship. Marriage is not a dry contract, conducted solely for personal gain. It is a partnership in which the husband and wife facilitate collective slave hood to God Most High.


What are the rulings of nikah?

Once we’ve defined marriage, we need to consider its applicability to one’s personal circumstances. For some people, it might be obligatory to get married. For others, it might actually be unlawful. Here are the rulings:
1. Wajib = obligatory: It is obligatory to get married if one fears committing sins, has the financial ability (males), and has someone in mind.
2. Sunna = recommended: It is recommended for a man to get married if he has desire, can afford a wife, and can pay the mahr (marriage payment). It is recommended for a woman if she desires companionship and needs to be cared for.
3. Mubah = permissible: The default is that marriage is mubah for most people.
4. Khilaf al-Awla = best to leave: It is better for a man to remain unmarried if he has no desire for married life despite being financially stable. Similarly, a woman who has no desire for married life should leave off marrying.
5. Makruh = disliked: It is disliked for a man who has desire for married life to get married if he cannot provide for a wife.
6. Haram = unlawful: It is unlawful and sinful for a person to get married if he or she cannot (or will not) maintain marital duties or, as my teacher put it, this person “can’t soften themselves to give the spouse their Islamic rights.”

What are the requirements for the validity of the nikah?

According to the Shafi’i school, there are five integrals of marriage. Integrals are the elements that must be in place to make the marriage valid according to the Shari’ah.
They are:
1. The bride
2. The groom
3. The bride’s guardian or wali
4. The two witnesses
5. The spoken form or utterance including the words “marry” or “wed”
Comments
1. The bride must be single, that is, not married or in her waiting period. She must also be known to the groom, that is, the groom must know the identity of his wife. Her presence is not a requirement at the wedding, however. In other words, her guardian can represent her in the actual ceremony. She cannot be a member of her husband’s unmarriageable kin. Finally, she cannot be in ihram (a state of pilgrim sanctity for Hajj).
2. The groom must be known to the bride, that is, the bride should know the identity of her husband. If he cannot be at the wedding, he may appoint a wakeel, or agent, to represent him. He cannot be a member of her unmarriageable kin. Finally, he cannot be in ihram (a state of pilgrim sanctity for Hajj).
3. The bride’s guardian is typically her father. If the father is absent or deceased, then the responsibility of guardianship falls to the bride’s (paternal) grandfather, then her full brother, and so on. The guardian should be a Muslim of sound mind and good judgment who is morally upright and not in ihram (a state of pilgrim sanctity for Hajj). If the bride’s father is not a Muslim, he cannot act as her wali. However, it is from good manners that she and the groom seek his blessing.
4. The witnesses must be Muslim males who are of age and sound mind. The guardian cannot act as witness. The witnesses must understand the transaction and be clear about the mahr (marriage payment). Some thought should be put into selecting witnesses. Impromptu weddings at the masjid where random, unsuspecting worshipers are asked to act as witnesses should be avoided.
5. The spoken formula should be audible to the wedding party and be in their language. It should consist of an offer of marriage and an acceptance. The wording must be explicit and not implicit, and must contain the words “marry” or “wed.”

- Sample vows: The father of the bride says to the groom, “I marry my daughter, Aisha, to you upon the Book of Allah and the Sunna of the Messenger of Allah (peace be upon him) and according to the stated dowry.” The groom responds, “I accept marriage to your daughter, Aisha, upon the Book of Allah and the Sunna of the Messenger of Allah (peace be upon him) and according to the stated dowry.”
Important notes:

The wali

The Hanafi school of law does not require the bride to have the permission of her wali to marry provided the intended husband is legally suitable, or kuf 2 . This aspect of the Hanafi school is perhaps most useful for the convert bride who does not have a Muslim father to give her away. In such a case, the bride may choose to get married without a wali and her marriage is, according to the Hanafis, valid. Generally speaking, however, it is more proper for a woman to appoint a guardian to look out for her interests. The guardian can be a knowledgeable, religious man from the Muslim community.

Kafa’ah, or suitability of the groom, is a lengthy discussion. Generally, a groom who is kuf’ is someone who is socially and religiously compatible with the bride and her family. Please see part 1 of this series for a discussion of what to look for in a spouse.
The witnesses

The Hanafi school allows two women and one man to witness the marriage in lieu of two men. Some brides who wish for more female involvement will often request that all the invited guests act as witnesses, which is permissible according to the Maliki school. In this case, it is still advisable, however, to designate two main witnesses who are privy to important details like the mahr.

The mahr

Negotiations over the mahr, or marriage payment, often overshadow the nikah itself. However, the mahr should not be a source of stress for the engaged or newlywed couple. The purpose of the mahr is quite simple: It is a goodwill gesture from the groom to the bride and demonstrates his financial readiness for marriage. In order to qualify as mahr, the payment must be something of value or utility for the bride. Examples include cash, gold, jewels, real estate, a vehicle or “anything which can be sold, bartered, or priced.” 3 The mahr is paid directly to the bride and it is a violation of Islamic law for her family members to appropriate the payment. It is sunna to specify the mahr at the wedding; leaving it ambiguous is disliked. Ideally, the mahr should be worked out ahead of time.

What should the mahr be?

There is a yardstick called the mahr al-mithl, or the marriage payment typically received by similar brides. A “similar bride” would be someone in the same social class as the bride, e.g., her sister, cousin, or some other female relative. It is worth noting that people’s ideas about what constitutes a suitable mahr diverge widely. What might be reasonable to some is prohibitive to others. As my teacher emphasized, the mahr, though obligatory upon consummation of the marriage, is not an integral of the nikah. The wisdom in this is so the mahr does not become a distraction from the true purpose of marriage.
My advice to women and their families is to be reasonable and consider a suitor’s circumstances before demanding a high mahr. A young man, just starting out in life, is unlikely to have 25,000 in the bank (the amount I was told to ask for when I got married!). It’s safe to say that many older, well-established men probably don’t have such healthy bank accounts. Even if the bride and groom agree to defer the bulk of the payment, is it really prudent to start off married life with the husband in debt to the wife? If he really has that much discretionary income, the couple would be better off putting it in a halal savings account and buying a home (or some other investment) than the wife’s amassing it away for a rainy day.

The contract :

The spoken word is what makes the nikah official. However, it is sunna to write a marriage contract that the bride and groom sign. The contract should identify the parties, state the date and location of the nuptials, name the witnesses and officiator, and specify the mahr. If the bride and groom wish to stipulate conditions, the place to put them is in the contract. Verbal conditions are not binding. A condition can be any matter of taste or preference that is permissible in the Shari’ah and is personally meaningful to the bride or groom. For example, a bride can stipulate that she live separately from her in-laws while a groom can stipulate that his wife not work. Obviously, the conditions should be chosen after careful thought and should reflect the values of the couple. For sample marriage contracts and a good introduction to the fiqh of marriage in the Hanafi school, please consult reputem Imam in Chennai,India

The officiator :
Although the fiqh of marriage does not stipulate that an Imam (prayer leader) preside over the ceremony, customarily Muslim couples will ask an Imam or some other respected religious or community leader to preside over their wedding. Often, if couples wish to get married at a particular masjid, they will consult with the Imam or masjid director ahead of time to learn the protocols of the institution. Some masajid require couples to sit for premarital counseling before moving forward with their plans.

Legal considerations:

In many instances, Islamic marriage contracts, while valid according to the Shari’ah, are not recognized by the law of the land. For example, in many states in the India must obtain a registration certificate in order to legally perform weddings 4. Since many Imams do not go through the steps to obtain registration certificate, it is imperative for the newlywed couple to obtain a marriage certificate at their local Registrar office. This precaution ensures the marriage is valid according to local, state, or federal law, and all the rights and privileges of marriage accrue to the legal spouses. Much heartache could be avoided if Muslim couples would take this simple step.

Exchanging vows:

Some Muslims erroneously believe that exchanging vows is not an Islamic tradition. On the contrary, the Haba’ib (scholars) of Hadramawt, Yemen have a longstanding tradition of penning beautiful marriage intentions to be recited by both husband and wife. It is permissible to state one’s intention prior to the ceremony or to make it part of the ceremony itself.

The walima:

Another established tradition of the Islamic marriage is the walima, or wedding feast. The Prophet, Allah bless him and grant him peace, encouraged his companions to celebrate their marriages with a walima as a means of publicizing the blessed occasion and giving thanks to Allah. Marriages should not be kept under wraps and should be announced and celebrated. Cultural interpretations of the walima vary; however, it is generally recognized that the walima marks the consummation of the marriage or the bride’s having joined the groom’s family. As with the mahr, the walima should be kept within reason. While it is technically the responsibility of the groom, many families today will split the cost of the walima so the young man does not start out married life burdened by debt. According to the tradition of the Prophet, Allah bless him and grant him peace, the most pleasing walima in the sight of God is the simplest.
I pray this article is helpful to readers who want to know the basics of the nikah.
May Allah Ta’ala bless your marriage.

Please Log in or Create an account to join the conversation.

  • legaladvisor
  • legaladvisor's Avatar
  • Visitor
10 months 2 weeks ago #965

Documents required for hindu Muslim marriage registration in Chennai and Tamilnadu

i) Registration of Hindu Marriages Solemnized and granting of extract of marriages registered.

· Marriages solemnized under Hindu customs/ non-customary

· Bridegroom/Bride should have completed 21/18 years respectively

· Both of them should be Hindus, Buddhist or Sikhs

· Proof of marriage

· Anyone of the following place should fall within the jurisdiction of the Registering officer:

o Residence of bride.

o Residence of bridegroom.

o Solemnization place.

Proof for all these shall be given

1 . MARRIAGE

Wedding Invitation (or)

Temple Marriage Receipts (or)

Any proof of marriage solemnization

2. RESIDENCE

Employee ID Card (or)

Ration Card (or)

Driving License (or)

Passport or Visa

3. AGE

Birth Certificate (or)

School/College Certificate (or)

Passport / Visa
4.Three witnesses in person.

Please Log in or Create an account to join the conversation.