she had married him with hindu rituals in mandir;

     after 4 years of marriage the person said ' talaq" to her three times;

Your friend's marriage with said fraud Muslim Man was per Hindu Rituals, and then the Pronouncement of "Talaq" is not the correct procedure for the end of marriage, it was not the marriage (Nikah) per Muslim rites and customs.

Now, if your friend wants to remarry as per Hindu Rituals in her religion, she has to first approach "Court of Law" for "Divorce" on the grounds of "Desertion" and as you are saying that he is not traceable, within short period Court will grant an "Ex-Parte Order/Decree for Divorce". Then she can remarry as per her choice and the first husband also can't claim to be her husband after such Decree of Divorce.

Further, if she is having any traceable address of him, its better to file a private complaint against him for fraud and cheating; advisable to file after Divorce Decree or remarriage.       

Dear Ms.Ritu,

As the settled principle of law a inter religion marriage cannot take place as per Hindu Marriage rituals as such your friend's marriage is void ab initio and divorce is not a answer to the same.

Any how she is free to look forward as she wishes.

Best Regards

Daksh

Any marriage under the Hindu Marriage Act can be solemnized only if both the parties are hindus .....

As there is a contravention of the same ( as one of the party to marriage was infact a muslim ) ... she can file petition for nullity of marriage .... but then she will have to prove that the person she married as per hindu rituals in mandir was in fact a muslim ( a fact which was kept hidden from her ) or

if she does not want to reveal all these ... then as advised she can also go for divorce on the grounds of desertion ( which desertion will also have to be proved )

When marriage itself is null & void ... question of talaq does not arise ...... In case your friend remarries then the said fraudster cannot claim that she is his wife .... only document u'd need is the decree of nullity of marriage/divorce decree as proof ....

It is suggested that before going to another marriage please take a legal divorce through the court of law

1. Following is the legal provisions available to you, under ipc,- if you want to punish him.

CHAPTER XX OF OFFENCES RELATING TO MARRIAGE

493. Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.--Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have s*xual intercourse with him in that belief, shall be punished with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine.

494. Marrying again during lifetime of husband or wife.--Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine. Exception.-This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.

495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.--Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either descripttion for a term which may extend to ten years, and shall also be liable to fine.

496. Marriage ceremony fraudulently gone through without lawful marriage.--Whoever, dishonestly or with a fraudulent intention, goes through the ceremony of being married, knowing that he is not thereby lawfully married, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, and shall also be liable to fine.

CHAPTER XXA OF CRUELTY BY HUSBAND OR RELATIVES OF HUSBAND

498A. Husband or relative of husband of a woman subjecting her to cruelty.-- Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Explanation.-For the purposes of this section, "cruelty" means-

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Moreover he may be charged for sec 415 to 420 of ipc for cheating.

2. if you want a legal divorce, you may apply under sec 13 of HMA. You may apply immediately, under sec 13 (ia) & (ib) stating the total background of the marriage. The matter constitute cruelty and desertation.

3. you may wait for another two years and after seven years, you may apply for divorce on the ground that the person has not been heared  more than seven years, therefore divorce may please be sanctioned.

very unfortunate case.