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mk kumar (student)     07 February 2014

Second marriage after converting into muslim without divorce

Hi!

I am having a doubt regarding second marriage by converting religion from Hindu to Muslim. The exact scenario is that my brother is seeking for divorce and he applied for it 2.5 year back. The opposite party is not coming to court  for any hearing and court is just giving another date all the time. The reason for divorce i discussed years back in  " https://www.lawyersclubindia.com/experts/Wife-with-undeveloped-reproductory-systems-want-divorce-312746.asp#.UvQYcPldXUI ".

So in this situation i am thinking to ask my brother to convert the religion and then marrying to another girt. Can anyone suggest me whether this is possible and if possible then what are the chances of some bed news from court or opponents. And if you know some other alternative then that is most welcome.

I know divorce is not a good thing but its all depends on situations. But here i can not think ethically.

 

Thanks.



Learning

 13 Replies

Isaac Gabriel (Advocate)     07 February 2014

Conversion of religion is your liberty.But mqrriage without divorce,shall constitute an offence.

mk kumar (student)     07 February 2014

Thanks. But i was thinking that in Muslims, another marriage is allowed in such scenario but i am not sure about indian laws about this.

Isaac Gabriel (Advocate)     07 February 2014

The link may clear your doubts

https://www.lawyersclubindia.com/forum/Can-i-convert-to-muslim-and-remarry-again-without-divorce-49221.asp

Laxmi Kant Joshi (Advocate )     07 February 2014

Contest the divorce case request the judge to pass exparty decree as the other party is not atteding the court hearing , after taking proper divorce only then do second marriage , conversion is no solution if your brother will remarry after conversion his religion without taking divorce to his previous wife then it reflects his malafide intention and cruelty upon your sil and non believe in the court and law , i tell you one thing islam religion is also opposes such kind of act if you believes in it only then convert otherwise if you think you convert only to marry again and again then you are wrong if your brother do this then he will be covicted by criminal law u/s 120B /34ipc with you and your family , i suggest you and your brother don't try to do any illegal ,contest your divorce and get rid accordingly.

K.K.Ganguly (Advocate)     07 February 2014

1. Marrying for the 2nd time before obtaining decree of divorce by converting to islam has already been viewed as illegal by the Appex Court,

 

2. Your brother will be in serious trouble if he marries   again without obtaining the decree of divorce & the said marriage will be declared as illegal.

T. Kalaiselvan, Advocate (Advocate)     07 February 2014

Marrying another person by converting to Muslim while a marriage i the previous religion subsists is illegal.

T. Kalaiselvan, Advocate (Advocate)     07 February 2014

The Supreme court in Saria Mudgal Vs. Union ofIndia (1995)3SCC635,AIR1995SC 1531, 1995 CrlLJ 2926 - held that the second marriage f a Hindu husband after conversion to Islam, without having the first marriage dissolved under law,would be invalid. The second marriage would be void in terms of provisions of Sec 494 IPC and apostate husband would be guilty of the offence under section 494 IPC.

T. Kalaiselvan, Advocate (Advocate)     07 February 2014

The hon'ble Supreme court in Saria Mudgal Vs. Union of India (reported in 1995 (3)SCC 635; AIR 1995 SC 1531; 1005 Crl LJ 2926), has held that the second marriage of a Hindu husband after conversion to Islam, without having the first marriage dissolved under law, would be invalid.  The second marriage would be void in terms of he provisions of section 494 IPC and the apostate husband would be guilty of the offence under section 494 IPC.  Therefore to be careful to not to venture into such funny ideas.

Harish (Trusty)     16 February 2014

I have the same problem My wife's parent's and wife both hidden such abnormalities I married before 12 years s*x is not satisfactory as normal and she is having infertility with her consent I can marry again?

Harish (Trusty)     16 February 2014

Mr M K kumar I would like to know the development of your case I have the same problem like your brother. Please if u wish want to understand your case please

mk kumar (student)     20 February 2014

Hey Harish! There is no progress in our case and i don't think that Indian Laws can digest such a case which is in favor of a boy. If you are from girls side then you have bunch of support and if you are from boy's side then it is like a crime that you are from boy side. In our case opponents are not coming in court even for a single date so far, so it is weird. Just hopping that either one day court will give justice or we'll take some illegal step. Now this is the only point which i am thinking. And for my brother's case, she was with him only for 1.2  year and we left her 3 year back. 
I may opt for moving this case to high court where i can get a little bit faster response, but for that some other process needed.
If anyone here can help me out or can suggest something then your help would be appreciated.
Thanks everyone for your valuable suggestions.

dbanna (clerk)     10 April 2014

Hi,

the case will have strong points for divorce, if any of the following are valid

1. if the person/wife is having problems with reproductory system and if it is not possible for them to have children with them. Doctor certificate.

2. if the wife is having mental disorder or is a psychopatic patient or some communicable disease or if she is not in a position to take care of the family or children like memory loss or leprosy etc

3. for a period of 2 years, wilfully living separately and have no interest in marriage.

The sections are very strongly supporting husband and wife, but most of the time husbands are overriding them, hence everyone is talking about helping woman. Few women are using it to their advantage. Also there is media hype.

No need to worry. Justice will be done equally for husband and wife. 

dbanna (clerk)     10 April 2014

Hi,

the case will have strong points for divorce, if any of the following are valid

1. if the person/wife is having problems with reproductory system and if it is not possible for them to have children with them. Doctor certificate.

2. if the wife is having mental disorder or is a psychopatic patient or some communicable disease or if she is not in a position to take care of the family or children like memory loss or leprosy etc

3. for a period of 2 years, wilfully living separately and have no interest in marriage.

The sections are very strongly supporting husband and wife, but most of the time husbands are overriding them, hence everyone is talking about helping woman. Few women are using it to their advantage. Also there is media hype.

No need to worry. Justice will be done equally for husband and wife. 

Go thru sections 13, 17, 494, 495, 498


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