Married by Hindu and Muslim Traditions

Ami says: September 20, 2016

Hi I’m a Hindu girl. I married to a Muslim boy in aug 2014 in both traditions with both sides parents blessings. After the marriage with in a week, we came to USA for masters on seperate F1 visas. My husband and me didn’t register our marriage. But on the Muslim side marriage they changed my name to Muslim name. As I already got F1 visa with my birth name before my marriage. We came here with no issues. But after my masters I updated my marital status as married and also filed USA tax returns on the name of me and my husband.

When we had a necessary to get marriage certificate, we tried from Muslim marriage side. They said they will give certificate with my new (Muslim) name only. As I have all my certificates, ID proofs, Passport with my birth name. It would not work that certificate here in USA. As we got married in Hindu tradition also, we tried to get a certificate from Hindu side. They said that we can’t count it under Hindu marriage act. Someone said that there is an option of special marriage act for us. But we want the certificate that we got married in aug 2014.

We are planning to come to India in January or February 2017. Can we get the marriage certificate that we got married in aug 2014 and got registered now in 2017 (I have hindu marriage photos,videos,marriage receipt from function hall,wedding card) and Is special marriage act applicable for a hindu girl and muslim boy? Can you please help me to get marriage certificate in the correct way. Thanks in advance. -Ami

Admin says:

Dear Ami,

Disclosure: InterfaithShaadi has no formal legal credential in any country nor is claiming to know laws. We provide guidance based on common senses and general knowledge. You should consult with attorney/lawyers specialized in interfaith marriage issues in respective countries for legal consultation.

Yours is a complex case but lets see if we could make it easy. Lets go through all angels of your issues.

There are legalities and realities. In reality you are married twice and there is no doubt there. However, the Hindu Marriage Act 1956 is only for two Hindus (or Sikh, Jain and Buddhist) if you wish to register your marriage with the Indian government. On the other side, the Nikaah is possible only between two Muslims. Before your Nikaah, you may have taken the Shahadah oath (La-ilaha-iLLaLLah- Muhammadur-Rasulullah), means you are a Muslim today (in the eyes of Muslims). You can register your marriage under Islamic laws in India but that requires transferring all your names to Muslim only and you may loose some legal heritage rights from your Hindu side (because you are no more a Hindu).

Further, note that marriage by Islamic nikaah means any time your husband can tell you talaak, talaak, talaak and your marriage will be null and void or he could have up to 4 wives legally (read). None of these apply if you married any other way in India. Bottom line, you are married and that is a reality but you are not (properly) married in the eyes of laws.

Religiously, some one may consider your Hindu wedding as a conversion of your Muslim husband to Hinduism. The pandit may have sprinkle some water on him for his purification etc so someone may say today you have a Hindu Husband (converted out of Islam). On the other side, the Shahadah means you are a Muslim today and the Imam may have registered your marriage into a Nikahanama as you both Muslims. Bottom line, he may potentially be considered a Hindu and you as a Muslim.

In India, the first marriage counts. Did you had first the Hindu wedding or the Nikaah? Best is to first have the Special Marriage Act 1954 (court or civil) marriage then any number of other marriages (as far no religious conversion). Further, only single couple can marry under the civil wedding; married people cannot marry again without a divorce. You may decide NOT to disclose your religious marriages for your Indian civil marriage but it could be an issue if any relative takes an objection to it. One other point, you cannot register your marriage post dated.

Do you wish to remain a Hindu? Does he wish to remain a Muslim? Do you want to get married again today without all these complex legal issues? Best option is to go to a local marriage registrar office in your town and get married in the USA. You are not married in the eyes of laws (not at least in USA) and thus you should be able to register your marriage without any issue. In America, marriage is between two human beings and it does not factor in your religions. When they ask, “did you use any other name?” you may not want to disclose your Muslim name (considering the name is given to you, not that you accepted it) to avoid issues later. Your new American marriage will be your legal marriage now onwards. Your American marriage will be valid in India if you return home.

In America, there is no need to change your first or last (surname) name to get married. If you wish to remain a Hindu, continue using your passport name after marriage. If you have used any other name for college, landlord, jobs or IRS, that is not a big deal. Ultimately, you should settle for one name that you wish and change in all your papers.

The IRS has no problem with you disclosing you as married people (or single) earlier, as far as they get your $$,$$$. You have not broken any law. After your civil marriage in USA, nothing should change for the IRS. Later, if you file for status change (Green Card), you could still use your maiden name and still claim married. It is a common practice in American for the girl to retain birth fist and last names.

Let us know what else we can help you with now. There are lots more we wish to tell you about your marriage, but we will discuss it later. Let us know what is next. Best wishes. -Admin

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