Hindu boy married muslim girl
Abir Baidya
(Querist) 04 January 2016
This query is : Resolved
Hi,
Kindly suggest. If a hindu boy married a muslim girl. Got one kid. Now willing to leave her. And marry a girl of his previous religion i.e. A hindu girl. Will the marrige be a legal marrige?
Can they get married for life and live together?
What alumni will the have to give to the muslim wife and kid for life?
Kindly answer.
malipeddi jaggarao
(Expert) 05 January 2016
Whether marriage is performed as per the customs and rites of Hindu religion? Whether the marriage is registered? Unless you give divorce to your wife legally, you cannot marry again.
Nadeem Qureshi
(Expert) 05 January 2016
Dear Querist
Its depend on the marriage solemnized with the Muslim Girl, if it is solemnized as per Hindu Law then you can not marry again without divorce from the court.
if the marriage was solemnized as per Muslim Law after your conversion then you may divorce her in writing and then you may perform second marriage after converting in your previous religion.
the Muslim girl and child may claim maintenance which may be 1/3 of your monthly income till her whole life until she remarry.
Feel Free to call
Guest
(Expert) 05 January 2016
Perfectly advised by Expert Mr.Nadeem Qureshi
Rajendra K Goyal
(Expert) 05 January 2016
Agree with expert Nadeem Qureshi.
If the marriage was performed without change of religion under special marriage act, person can not marry without legal divorce.
Adv. Yogen Kakade
(Expert) 05 January 2016
You can not marry any girl with any religion unless you give divorce to your wife as you are hindu.
V R SHROFF
(Expert) 06 January 2016
IT SEEMS MARRIAGE WAS PERFORMED AS PER SPECIAL MARRIAGE ACT, AND SHE CAN CLIM MAINTENANCE OF HERSELF AND CHILD, AND RESIST DIVORCE. YOUR FRIEND CANNOT RE -MARRY WITHOUT DECREE OF DIVORCE.
K.S.Srinivas
(Expert) 06 January 2016
After getting decree of divorce, you can marry again. You should pay maintenance to the first wife and child.
A. A. JOSE
(Expert) 07 January 2016
Yes, I your friend has to obtain a decree of divorce with his present wife before contracting any other marriage.
Sudhir Kumar, Advocate
(Expert) 08 January 2016
Once the points raised by Mr Shroff are replied then the complexion of case may change.
please reply
whether marriage was under Spl Marriage Act or anyone converted to other faith or the marriage was without conversion performed by Maulana or Pandit.
These facts are essential to say whether at all a valid marriage is there or not.
Abir Baidya
(Querist) 10 January 2016
Hi everyone. The marrige was not performed under special marrige act. It was performed after conversion to islam at the time of marrige. Done with the rituals as all muslim marriges are performed. However there were no relatives from the boy side at the time of marrige. The name of the boy was changed at the time of marrige. However he is still having his old name every where for all purposes. The child born doesn't carry her fathers surname nor the wife changed anything. The girl doesn't want to divorce and if agree to give divorce, then she and her family is demanding huge amount of money approximately 20 lakh. Also, right in boys property and monthly remuneration for the child and wife. The boy doesn't have that much of money to pay. Nor does he carry any property in his name. Boy earns approximately 30k every month. Out of which he pays the rent where he was previously living with the girl. The boy is willing to pay maintanence for the girl and the child. However they are not accepting anything in return to let boy go to his family back. Kindly advise.
T. Kalaiselvan, Advocate
(Expert) 12 January 2016
If the boy has converted himself to Muslim before marriage and his marriage was solemnised as per Muslim religious rites, then he can divorce her by pronouncing talaq.
After this the boy can covert himself as Hindu and get remarried to any other female or can remain in Muslim religion also to get married to any woman of his choice.
Rest all other issues raised subsequently by you also have been properly addressed by experts above. .
