Legality of Marriage
Querist :
Anonymous
(Querist) 23 October 2010
This query is : Resolved
Dear All,
I got married to a girl in mumbai. She was previously married to a Muslim guy and had divorced her on 31-10-2008. She was married to that muslim guy in 2003 and converted to muslim. I was involved in the divorce matter of this lady. After her divorce on 31-10-2008, she got married to me on 15-11-2008 i.e. in 15 days. morever she never converted back to Hindu before marrying me as per the Hindu Marriage act. We got our marriage registered in Mumbai. I dont wanna keep relation with this lady any more due to differences in our thoughts, religion and lifestyle. since we got married in 2008, till date we have lived together just for 2 months that too after 1 year of our marriage. what can i do to get a separation from this lady.
adv. rajeev ( rajoo )
(Expert) 23 October 2010
Whether the first marriage is in accordance with the mohd., law?
If it is not, then you can file a divorce petition on that ground only. You have no other choice
Devajyoti Barman
(Expert) 23 October 2010
Under what provision of law the second marriage was held? Inn any case you have top pray for divorce in accordance with the provisions pf law under which the second marriage was solemnized.
Querist :
Anonymous
(Querist) 23 October 2010
The first marriage was as per the Muslim Law for which the Girl converted to Muslim. The marriage with me was as per the hindu marriage act. She had not converted back to hindu before marrying me. Moreover as she converted to Muslim, she needs to observe the IDDAT period of 90 days before getting married to any other person as per the muslim Law. Am I Right.
Advocate. Arunagiri
(Expert) 23 October 2010
As long as she is continuing to be a muslim lady she has to follow the Muslim law. But, she had converted as a Hindu only after the 2nd marriage.
The 2nd marriage is invalid.
Querist :
Anonymous
(Querist) 23 October 2010
So as you guys say the second marriage is invalid. how can i go ahead with separation. In case if i file a case against this lady challenging my marriage, will the court consider my plea as valid? I have got all the documents showing that she converted to muslim for her first marriage and that she did not convert to hindu before marrying me. Kindly advise.
thanks
Querist :
Anonymous
(Querist) 24 October 2010
if i file a divorce suit, would that not mean that i am accepting the marriage. and then i think she can even claim for maintainance expenses. what if i file a case challenging the legality of the marriage itself tell the court the the marriage is null and void on the basis of the above mentioned grounds.
