For marriage dissolution

This query is : Resolved 
 


Querist : Anonymous (Querist)
21 January 2019

One of my Hindu friend get married to Muslim man by conversion of religion in the year 2009 and since 2012 her husband never came to her after she gave a baby of him and now problem is that she doesn�t want to file legal divorce someone told her that u can reconvert the original faith and ur first marriage will be automatically dissolved and after that u can go for Hindu marriage as per rituals of family and her husband has married again in Muslim law
As I heard that if Muslim husband doesn�t come to her countinue 4 years then marriage automatically dissolve and she can go for 2nd marriage
So plz suggest me what she can do not giving a legal name of Muslim for her baby bcj she wants to get marry again and that baby her new husband will adopt under any NGO etc??????? where and how she can reconvert in Hindu religion????


Vijay Raj Mahajan (Expert)
21 January 2019

Nothing is automatic even for woman married according to Muslim Sharia law. This woman has to get her Muslim Marriage dissolved under the Dissolution of Muslim Act by presenting petition in the Family Court on appropriate ground available under the Act.
Even if she reconvert to Hindu religion her Muslim Marriage will not dissolve automatically, it has to be dissolved by decree of divorce and without court decree if she remarry she can get prosecuted for offence of bigamy.

SHIRISH PAWAR, 7738990900 (Expert)
21 January 2019

She has to get divorce from husband. She can contact kazi / maulana for divorce. After divorce she can be converted to hinduism and get married.

Sudhir Kumar (Expert)
21 January 2019

Fully agreed with Mr Vijay Raj

If she converts then it is not her choice to seek dissolution rather of her husband.

Nothing automatic. If divorce could be endured by such tricks then there would have been no divorce suit.

Sudhir Kumar (Expert)
21 January 2019

Fully agreed with Mr Vijay Raj

If she converts then it is not her choice to seek dissolution rather of her husband.

Nothing automatic. If divorce could be endured by such tricks then there would have been no divorce suit.

Sudhir Kumar (Expert)
21 January 2019

Fully agreed with Mr Vijay Raj

If she converts then it is not her choice to seek dissolution rather of her husband.

Nothing automatic. If divorce could be endured by such tricks then there would have been no divorce suit.

Sudhir Kumar (Expert)
21 January 2019

Fully agreed with Mr Vijay Raj

If she converts then it is not her choice to seek dissolution rather of her husband.

Nothing automatic. If divorce could be ensured by such tricks then there would have been no divorce suit.


Querist : Anonymous (Querist)
21 January 2019

For Kazi Maulana divorce what is the process bcj her husband is demanding for baby and said I�m ready to give u divorce but I want baby though in hospital discharge certificate husband signed under false name not his original name on hospital discharge certificate of delivery


Querist : Anonymous (Querist)
21 January 2019

Bcj of false name he has given in hospital,,she made death certificate of that name bcj actually that name was Hindu and boy is Muslim he hide his identity just for cheating and girl was staying as a captative condition during stay with him


Querist : Anonymous (Querist)
21 January 2019

Is there any possibility for her to get marry by family rituals as boy is himself defaulted bcj of false name given during delivery discharge time so he won�t come bcj he himself will trap for 420 so plz suggest some alternate

Martin S. (Expert)
22 January 2019

In Muslims nobody goes to court seeking divorce. Only those few adamant one's who want alimony and stuff who have lot of itching will go to court and file case. This is a common aspect in Muslims. Man marries a woman and wanders off to arab or some other country. Does not return. Now who will take care of the wife he left?
She should maintain herself on her own at least the sexual part. In India now adultery is no more punishable crime, its easy to sleep around now.
In your case you may do what you want, If you want to remarry only, then consider this marriage dissolved as he is not to be heard for long time, and you can marry same muslim caste man of your choice or you can re-convert to your old caste based on traditions, then again marry man of your choice as per your custom or his customs.
But in my opinion, as adultery law is decriminalized, it is waste getting married at all. You should marry only if you are planning to seek alimony through court. For love etc, its free now. Available everywhere. I mean thats what Indian Law says as per recent Supreme Court judgement on adultery.

Martin S. (Expert)
22 January 2019

In Muslims nobody goes to court seeking divorce. Only those few adamant one's who want alimony and stuff who have lot of itching will go to court and file case. This is a common aspect in Muslims. Man marries a woman and wanders off to arab or some other country. Does not return. Now who will take care of the wife he left?
She should maintain herself on her own at least the sexual part. In India now adultery is no more punishable crime, its easy to sleep around now.
In your case you may do what you want, If you want to remarry only, then consider this marriage dissolved as he is not to be heard for long time, and you can marry same muslim caste man of your choice or you can re-convert to your old caste based on traditions, then again marry man of your choice as per your custom or his customs.
But in my opinion, as adultery law is decriminalized, it is waste getting married at all. You should marry only if you are planning to seek alimony through court. For love etc, its free now. Available everywhere. I mean thats what Indian Law says as per recent Supreme Court judgement on adultery.


Querist : Anonymous (Querist)
22 January 2019

It means she can proceed further with reconvert in her original caste


Querist : Anonymous (Querist)
22 January 2019

It means she can proceed further with reconvert in her original caste

Sudhir Kumar (Expert)
22 January 2019

NO NO NO

conversion does not mean dissolution of marriage

Sudhir Kumar (Expert)
22 January 2019

NO NO NO

conversion does not mean dissolution of marriage

K.K.Ganguly (Expert)
Click to Talk
22 January 2019

1. Marruiage does not get divorced automatically on conversion.

2. Moreover, after converting to other religion, you can not seek divorce but your husband shall have to seek divorce from you.

3. Since you are a Muslim now, ask for Khulla from him and get divorced.

Dr J C Vashista (Expert)
23 January 2019

Well advised by experts, I fully agree and appreciate.
No automatic dissolution of marriage, the woman will have to seek Court (not from Quazi as suggested by one of the experts) decree.
What is your locus standie ?
An anonymous author should not expect valuable obligation from experts as per rule of this platform, disclose your identity and/or consult a local prudent lawyer for professional guidance and proceeding.



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