Need urgent advise pls

"Secondly she married a Muslim guy for second time and did nikahnamma with him."

When you state this, the very first question arises about your own marriage, religion of both parties, and form of marriage whether it was religious marriage or civil marriage.

​If you both did Hindu marriage, after her getting divorced of the Muslim Marriage where she got converted to Muslim religion before her Nikah with Muslim man, her continuity of Muslim religion and not converting back to Hindu religion, makes the Hindu marriage between both of you by itself Null and Void under the Hindu Marriage Act.

Please clarify all this before any suitable legal advice can be given to you.

Contact me for detailed case discussion and consultancy, vijaymahajan5758@gmail.com

Mistakes do happen. Not for 1 reason, but many.  You are perfect example for that.

You say you are not good financially.  Why bother about kid etc.

You had good time.

She also had good time.

What kid will learn, what it will do you cant predict even if you give it tuition of what to do and what not to do entire life.  SO stop worrying about it.

Your queries is academic one.

There is no problem actually, but you seem to be in the habit of creating problmes where you dont have none.

Very good example you are to many people of how not to be.

Being honest and truthful is a personal choice.

Mistakes do happen. Not for 1 reason, but many.  You are perfect example for that.

You say you are not good financially.  Why bother about kid etc.

You had good time.

She also had good time.

What kid will learn, what it will do you cant predict even if you give it tuition of what to do and what not to do entire life.  SO stop worrying about it.

Your queries is academic one.

There is no problem actually, but you seem to be in the habit of creating problmes where you dont have none.

Very good example you are to many people of how not to be.

Being honest and truthful is a personal choice.

Apart from what advocate Vijay Mahajan has stated, I would like to add that you are victim of menatal torture, concealment of facts and the circumstances stated by you are fit for seeking divorce. Have faith in judiciary it is last resort, documentry evidences can not be ignored by anyone easily.   A single condition 'not having physical relation with wife over 90 days and living separate without any valid reason is fit case for divorce.

Apart from what advocate Vijay Mahajan has stated, I would like to add that you are victim of menatal torture, concealment of facts and the circumstances stated by you are fit for seeking divorce. Have faith in judiciary it is last resort, documentry evidences can not be ignored by anyone easily.   A single condition 'not having physical relation with wife over 90 days and living separate without any valid reason is fit case for divorce.

The matrimonial sites might have given a form to submit having various column e.g; previous marriage/divorce etc etc….

Such information might have been shared with prospective parties e.g; you.

You may write to the said matrimonial site, and inquire.

You have the image of Nikahnama.

Check with the competent entity that solemnized Muslim marriage e.g; Qazi for authenticity and if the said Lady embraced Islam, before marriage.

Keep the said proofs of said illicit relationship with NRI friend.

All these episodes narrated by you are aimed to point to that the said Lady is not fit to have custody of the child.

Isn’t it!

What is your nationality and personal faith say; Indian, Hindu!

Where were said marriages solemnized say; India?

Is your marriage registered, if yes; under which Act and where!

You shall need to convince the court.

If you can do IT as PIP , go ahead.

Or approach a very able senior LOCAL counsel of unshakable repute and integrity  specializing in Family matters and having a successful track record.

 

If the divorce is not legal and if you can prove the first marriage, she can be prosecuted.    Without prosecuting her, you can on this ground compel her to hand over your child to you if you so admire it.

If you want to marry, taking divorce is necessary.

My marriage is registered in India and it was a Hindu marriage. We married in India. She did converted to Muslim as was mentioned in nikahnama but I don't have proofs of that. She can easily convince that ex Muslim guy not to share proofs by paying him good money. That ex Muslim guy is married now with two kids. I just want the custody of my child and break this marriage. I don't want to continue with a women who befooled me so many times and does not respect any elders. With the proofs that I have, will I be able to get custody of my child.

The proof of change of Muslim religion to Hindu religion before this woman married you does not exists and that is good enough for you to get your Hindu marriage declared null and void. The Nikahnamma mentions her religion as Muslim, after that she did not convert back to Hindu religion and married you, the Hindu marriage can be valid if it takes place between two Hindus only but in your case she being Muslim and you Hindu the Hindu marriage by no imagination can be Valid in the eye of law. If the marriage itself not valid where is the question of any divorce because the divorce is the process to dissolve valid marriage a marriage which itself is not valid how it can be dissolved. Some sense to prevail in the mind of all those advising you for going for divorce against her.

Thanks for the advice gentleman. What I can make other from all advices till now Is: 1) If I can manage copy of the nikahnama or can bring proof of her being converted to Muslim..it will help and make my current marriage null and void. 2) Even if the marriage is void..Will I get custody of child on basis of fraud and concealment of facts by the lady. Also can an evidence of adultery ( photo, email etc.) help in securing child custody

Thanks for the advice gentleman. What I can make other from all advices till now Is: 1) If I can manage copy of the nikahnama or can bring proof of her being converted to Muslim..it will help and make my current marriage null and void. 2) Even if the marriage is void..Will I get custody of child on basis of fraud and concealment of facts by the lady. Also can an evidence of adultery ( photo, email etc.) help in securing child custody

Thanks for the advice gentleman. What I can make other from all advices till now Is: 1) If I can manage copy of the nikahnama or can bring proof of her being converted to Muslim..it will help and make my current marriage null and void. 2) Even if the marriage is void..Will I get custody of child on basis of fraud and concealment of facts by the lady. Also can an evidence of adultery ( photo, email etc.) help in securing child custody