Anonymouss (single) 11 November 2019

Hindu divorce case pending - converted to muslic

Hi Sir, I am a hindu male and victim of fraud marriage. I married 15 months before but I didn't spend with a girl even for a minute. I filed a case 8 months before in court as my wife didn't spend with me and my wife appeared in court during 2nd hearing but judge was absent. Now I am converted to Muslim and I have a legal note from my wife and her parents that "due to some disupute , we are seperating with mutual agreement". The court process might take time and I respect it. As I am converted to Muslim. Can I marry another girl. While the case is pendong in court.

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5 Replies

Real Soul.... (LEGAL) 12 November 2019

Yes if you have converted to Islam,then you can marry second wife and that is legal under Muslim Personal Law applicable on mulsims,..proceed

G.L.N. Prasad (Retired employee.) 12 November 2019

That is the way shown by great actors.

srinu rokkam 12 November 2019

No you can't marry. Your Marriage is still in existence. Till now you have not get any Divorce. During pendency of marriage any such Marriage for second is invalid and void. So you have to get Divorce from the court regarding your first marriage. Thereafter only you can go for second marriage. Further if any such Marriage during existence of first marriage is a crime and book under bygomy. You have right to convert the religion but you have no right to escape from your wife and liability.

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Dr J C Vashista (Advocate) 13 November 2019

Although the Hindu marriage has been solemanised yet the same is stated to be consumated and "divorce" filed, is it your case??

Why did you file "divorce" and did not file to "annual" the marriage?

Wrong advise and proceeding.

Conversion/adoption of Muslim religion do not change your marital status, i.e, still you are married under the provisions of Hindu Marriage Act, 1955 .

It is advisable to consult a local prudent lawyer for better appreciation of facts/case file, guidance and proceding.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 15 November 2019

There are Supreme Court decisions that conversion to Islam for the purpose of a second marriage will be an offence under the Hindu Marriage Act. Actually bigamy is an offence under Section 494 IPC, which is applicable to all irrespective of religion. I do not know how Muslims are escaping this.