Change of religion
John Almeida
(Querist) 24 February 2013
This query is : Resolved
If an Hindu married woman converts to Islam what is the status of the marriage as the husband does not want to convert.
Secondly if the woman stay away / separate from the husband for 2 years or more does she need to file divorce to get married again.
if at all she marries another man without getting the divorce from her 1'st marriage what is the status of both the marriages.
prabhakar singh
(Expert) 24 February 2013
If a Hindu lady changes her religion to after her marriage,her previous marriage still survives in law.
The husband has option either to go with her even without changing his religion or to seek divorce on this very ground alone.
And unless a decree of divorce is passed at the instance of husband,wife can not legally marry to any body just because of change of religion.
If she does so then such a marriage would be void ,illegal and a case of bigamy.
John Almeida
(Querist) 26 February 2013
Sir,
I would like to know if a girl wants to divorce her husband on grounds of mental torture can she proceed with divorce whereas the husband does not want to divorce, how can she proof this in the court of law.
The Husband works abroad and comes to India for 2-3 Months.
if the Woman is away from her husband can she claim for divorce,how many years does she needs to be away,I want to know will he not file a case to find her.
Kindly let us know what the way she can claim for divorce and chances of successfully getting his 5 year old custody also.
ajay sethi
(Expert) 26 February 2013
it is necessary to know the complete facts of case to advise . if husband is not willing to divorce it will be a contested affair .
cort generally awards custody of child to mother . welfare of child is paramount consideration
John Almeida
(Querist) 27 February 2013
Sir can you kindly suggest few good lawyers name and number in Mumbai so that we can personally meet and discuss options.
Sudhir Kumar, Advocate
(Expert) 27 February 2013
you did not specify if you convertd befor emarraige or after.
Raj Kumar Makkad
(Expert) 27 February 2013
Your similar query has already been resolved.
