Questions on Indian Marriage and Personal Laws

Question on Hindu Law and Special Marriage Act

In many parts of South India, the practice of a girl being married off to her maternal uncle is part of the community's custom. Suppose this type of marriage happens under Special Marriage Act and one party converts to Buddhism, what is the status of the marriage? Is it valid?

We-make-it-simple: One of the main conditions for solemnization of marriage under the Special Marriage Act is that the parties should not be within the degrees of prohibited relationship. In this case, the parties to the marriage fall within prohibited degrees of relationship. Conversion to Buddhism does not alter this fact. Therefore, the marriage would be void.

Question on Hindu Marrying under Special Marriage Act

A Hindu wants to marry a Muslim under the Special Marriage Act without adhering to the traditional ceremonies required to sanctify a Hindu marriage. Can this be done? How?

We-make-it-simple: The Special Marriage Act applies to the whole of India, except the state of Jammu and Kashmir. It also extends to all Indian citizens who are staying outside India for a specific period but they have their domicile in India. Yes, the Hindu can marry a person of any religion under the Special Marriage Act, provided all conditions for solemnization of marriage are adhered to.

Question on Unmarried Daughters Maintenance under Muslim Law

Is it true that an unmarried daughter's maintenance is the mother's responsibility under Muslim law?

Yes,  this is true. In Muslim law, even if the mother is divorced from the father, it is the former's responsibility to take charge of the maintenance of her unmarried daughters from the time they have attained puberty. However, the husband's duty to maintain the wife ends when there is a divorce.