I am Hindu and she is Muslim. I am 20 and she is now 19. we know we can't get married before 21,but i wanted to know both boy and girl need to do the affidavit?? and what about our last name is it going to be changed or just one of them going to change his/her last name??? and do we need to change our religion??
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March 16, 2016 at 11:41 am
Dear
Your questions-answers:
Q. . I am 20 and she is now 19. both boy and girl need to do the affidavit??
A. When you will be 21 then you can marry her under special marriage act. To register such type of marriage you both have to swear an affidavit(one affidavit by you and your partner), have to submit application to the marriage registrar and then the marriage will be registered by the registrar. Only affidavit will not be legal. marriage must be registered.
Q.our last name is it going to be changed or just one of them going to change his/her last name???
A. No need to change names.
Q. do we need to change our religion??
A. No, not particularly but when you get married under special marriage act then it means both of you are not following your religion. You will not get any right from your religions. like the muslim girl can not get dower money from you or can not divorce you under muslim law. That means to establish your rights you can't follow personal laws. Cause in hindu law marring a muslim woman is prohibited and on the other hand in islam a muslim girl cant marry hindu but he need to change religion to marry a muslim girl. So when you want to marry without following your religion then both of you will not get rights from your religion.
Thanks. Law Thinkers Team: 01675623096