divorce
Querist :
Anonymous
(Querist) 01 December 2009
This query is : Resolved
hi there,,,my name is rehana ,,i ve some legal queries ,,regardin my frst mairriage ,,to start wit ,,,im amuslim by birth,,,at the gae of 18 i married a hindu boy ,,in the court,,whr name was changed to neeta,,,aftr 6 mnths,,,we performed a nikaah at my parents request,,,whr my husnad changed his name or converted to a muslim name,,,aftr that he continued as his hindu name ,,,,and i continued as neeta,,,aftr 12 yrs,,,,i seeked divorce but cudnt thru hidu act as needed his consent,,,thn was advised to take khula ,,,i got a fatwa,,fr divorce,,,which my lawyer sent to him,,,thn i got married to someone else,,,nw my ex husband says my divorce as muslim law wit him was nt valid and i was still his wife whn i gt married second time,,so im in a big dilema ,,wethr this sec mairrage is valid or not,,,,kindly guide me,,,thnk u
Manish Singh
(Expert) 01 December 2009
if this was just a change of names without converting into any religion by both of you, then the marriage was never meant to take place thus it was void so you must go for declaration that the first marriage was not a valid marriage in the eyes of laws.
prakash vathore
(Expert) 01 December 2009
when there is inter religion marriage then either of the party has to convert in the anothers religion if it could not then that marriage is not a valid marriage. in ur case u r saying that u had only change the names it means ur first marriage is void ab initio. u can seek declaration that ur first marriage is not the valid marriage.
Raj Kumar Makkad
(Expert) 01 December 2009
I disagree with the opinion of both the above named experts. The quariest is telling that she performed her first marriage in the court. This means that marriage was purely valid and there is no change of religion under Special Marriage Act which might have been adopted by them at that time. This way first marriage is absolutely valid and legal. Now you have re-married without getting formal divorce from your husband.
One thing is noteworthy. After your marriage, your first husband changed his religion and he became Muslim so he is boud by Muslim law thereafter even though he kept his name as Anupam and you as Natasha. So khula and Fatwa obtained against him is sufficient and matter ends. Ha
Querist :
Anonymous
(Querist) 01 December 2009
thnk u all....but mr raj kumar,,,im a bit confused here,,,u say,,my remarraige is without formal,,divorce,,frm my ex husband...thn usay,,,khula n fatwa obtaines is enf,,,,so whr do i stand ,,legally,,,as he claims,,,my sec mairrge is null n void ,,,as gud as livin relation,,and its a case of adultery,,he claims tht the nikah wit him was nt valid as we had done a court mairrage,,,and my passport beared natasha,,till the end,,,,so legally my frst marraige is valid ,,,nt the nikaah wit anupam,,,ths is wht he says,,,i don no wht do,,plz help..
Khaleel Ahmed Mohammed
(Expert) 07 December 2009
I totally agree with the advice given by Mr.Raj Kumar. It is excellent advice.
