jay 02 May 2017

Guide me please.

Hi To all,

I was married 2011, i married a divorced female, she has 2 children for his first husband. She was born and brought up as a Hindu, but she married her first husband , he is a Muslim , she has changed her name from hindu to muslim and married him. These two kids were born as a muslim and named as a muslims. Later my wife got dvorced from his first husband ( as per mosque rules, saying talak ) and married me, i registered our marriage in the registered office as per hindu act and as per her hindu name only, we lived together and we want to seperate.

My question is when i was marrying my wife she was a muslim and NOT convereted to hindu again, but i registered as hindu act, is this marriage valid ? can i make this marriage void ? or can i file divorce case directly which is easier,afforadabe and time saving? pl help me to choose routes...

( FYI i do not have any own childrens, and this is my first marriage )

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5 Replies

saravanan s (legal advisor) 02 May 2017

your marriage is perfectly valid and you got to get divorce from her under hma only

jay 02 May 2017

Sorry i forget the mention one word inbetween.

My question is when i was marrying my wife she was a muslim and NOT convereted to hindu again, but i registered as hindu act, is this marriage valid ? can i make this marriage void ? or can i file divorce case directly which is easier,afforadabe and time saving? pl help me to choose routes...

Mukesh sharma (job ) 02 May 2017

Hello once you marriage with her and registered in hindu marriage act than you not required to change any thing other you go for divorce as hindu law..

if she decide to marriage you than your marriage comes under special marriage act..

Anjuru Chandra Sekhar (Advocate ) 03 May 2017

Name changing for the sake of marriage does not convert her religion to Islam. Their religious leaders should perform required rites of conversion to Islam, then only she becomes Muslim in the eyes of law. So you have married Hindu only, hence divorce have to be filed under HMA, 1955, though it is easy option for you.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 06 May 2017

Yours is a fit question for Vikramaditya to answer. When you registered your marriage was all her marriage history placed before the registrar? In any case it is certain that you have to go to family court for divorce. Is it a contested divorce or divorce by mutual consent? Family court will take care of all your questions.