Second marraige by muslim man
mohammed hamsa
(Querist) 03 June 2013
This query is : Resolved
i am a muslim man and have been married under muslim sharia law 15 years before. we had a son in the first year & lived together for four years.We have been living separate since then and all efforst of reconcilition has not worked between me and her.My son lives with her since then.
3 years before she filed for divorce in the family court , demanding a hefty sum as alimony as well as custody of our son. No reconciliation has worked since then and the case is dragging in the court even today.
I have meanwhile met a girl with whom i want to start a new life, marry her & have a fmialy and have tried my best to settle the case at the earliest. My ex wife looks adamant to continue the case till our kid become 18 years, to avoid settling the custody case.
I want to start my life and want to know if there is a way i can remarry. She is a hundu and is it possible for us to marry under sharia law, with her not changing her religion and me without getting the divorce certificate.
Adv Archana Deshmukh
(Expert) 03 June 2013
A muslim can remarry with his first marriage subsisting. However, the Hindu girl cannot marry you under Sharia law without changing her religion. You will have to marry under Special marriage act. But you cannot marry under SMA with your first marriage subsisting. So if the girl is ready to change her religion and accept Islam then only you can remarry now, otherwise wait till your divorce and then, marry under SMA.
Rajeev Kumar
(Expert) 03 June 2013
Compeletly agree with Archana Ji.
ajay sethi
(Expert) 03 June 2013
better obatin your divorce first . it appears that hindy girl you want to marry is reluctant to change her religion . as advised by adv archana you cna marry under SMA after divorc e from first wife
Raj Kumar Makkad
(Expert) 04 June 2013
Your marriage under sharia law is not possible if both belong to different religions but definitely you both may marry under special Marriage Act without changing your religion.
mohammed hamsa
(Querist) 10 June 2013
Thanks for all the replies.. I discussed with the hindu girl regarding the requirement of being from the same religion.
She is ready for the conversion. When we enquired regarding the conversion and the name change associated with it, they said that the marriage certificate would be issued in the old name, mentioning the name change
we are unsure if she can keep her old name in all the documents like, passport, certificates, etc or do a gazette notification ?
