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Ashu Sharma (Manager)     23 December 2010

Religion Change to get married with second

 

Hi, I belongs to a hindu family. I got married in Dec 2008 but due to some unavoidable differences  between me and my wife made me to think separated on which she was agreed but then she demanded 30 lack rupees and now she is not ready to leave me.

 

What if i change my religion from Hindu to Islam and get second marriage then is it possible for her to file a case against me or she cannot do anything other then leaving me with the alumni money she deserve.

 

Pls advice

 

Regards,



Learning

 33 Replies

Arup (UNEMPLOYED)     23 December 2010

if i change my religion from Hindu to Islam and get second marriage

 

- NOT ADVICEABLE.

HOWEVER A FEW DID IT, AND UNTOUCHED BY THE GRIP OF LAW. STUDY SARALA MUDGAL VS UOI CASE.

WHY NOT  LIVING  IN WITH SOMEONE?

1 Like

Saurabh..V (Law Consultant)     23 December 2010

@Ashu Sharma

 

As you married as per Hindu ceremonies so you will be governed by Hindu Marriage Act,1955. A hindu male once married as per Hindu rituals and ceremonies, there is no way he can marry another woman. Such act would land you in jail for "Bigamy" under S17 HMA r/w S 494 IPC r/w S495 IPC.

 

Supreme Court in its judgment in "Lilly Thomas" has regarded such an act as a disrespect to the religion as well as unscrupulous.

 

I think you should find a good lawyer and seems you are stuck with a cunning wife. Her conduct and other material facts would help you get out of this mess. But my advice is you do not opt any tricks..

 

 

//peace

/Saurabh.V

Ashu Sharma (Manager)     23 December 2010

@ Arup and Saurabh, thank you for your reply.

 

I really dont want to apply any tricks to get rid from her but as now i an not focused towards my job due to this mental harassment from her. Appreciate if you can guide me some tricks which will help me to get out of it asap including my family who is also suffering like anything.

Avnish Kaur (Consultant)     23 December 2010

ARUP JI HAS VERY RIGHTLY AFDVISED LIVE IN. LET her wait till the day she will pay u 30 lacs for freeing herself from u.

this great thinking of few greedy  females to FREE a  man needs treatment and this is best treatment.

in ur case for live in there is no law or no punishment too.

Ashu Sharma (Manager)     23 December 2010

Thank you Avnish, but rather than living in live in relationship, i would prefer to marry a girl as my parents are very old and also if she hire a detective to search the point to get a huge amount then it will be a problem...

 

Appreciate if any other way is available rather then staying in livein.

 

Regards,

Ashu Sharma (Manager)     23 December 2010

one more thing i would like to ask...

 

as i said that I got married in Dec 2008 and we were not staying together since July 2009 then we thought is better to get separated but she was not agreed then i discussed with her about our future and she agreed upon but after a day she denied to go for mutual then i told my lawyer to file a case to get divorce and he suggested to me to go for conjugal right (Section 9). He said if she didnt turn up then you will be in strong position to  get divorce. Hence, i filed a section 9 but before the hearing when she received the notice she came back to my home...however, she was not in a mood to stay with me...then i told my lawyer to withdraw the section 9 and file a divorce petition but in front of Judge he said the she came back and she is staying with me happily so we want to withdraw the case.

 
Then again she left my house and now i want to file a divorce petition but i cannot as desertion ground of 1 year is not there???
 
can someone help me how can i proceed rather then waiting for anotehr year???

Regards,

(Guest)

@Ashu Sharma

"Guide me some tricks which will help me to get out of it asap including my family who is also suffering like anything."

Give 30 lakh rupees and take divorce or live with your wife and try to sort out the matters and live happily.

You ahve to maintain your wife as you married with her so dont try to think to eacape from liability you cant escape it.

My advise is to try to conciliation with your wife and wife has also try to settle with you ,On both side .

If wife dont want to live with you then dont give 30 lakh rupees fight the case lets see what happen next.but before that take my advise .

Firstly try to conciliation.

Avnish Kaur (Consultant)     23 December 2010

start livin, if  u are hell bent on marrying then  marry a girl if u have confidence in her , but it shud be a marriage which has no proofs. but livin is best weapon u have to treat her. for more details discuss  lawyer and discuss all options with lawyer.

muslim conversion not advisable as supreme court has ruled against it.

Ashu Sharma (Manager)     23 December 2010

Thank you Avnish and Vyas, request if you can also advice on my second post too...

manjit kalra (system eng)     23 December 2010

reduce ur income , if u are a middle class fight it out start a new family with a livin girl who treats ur parents well.

JOIN SIFF TO be a successful rehdiwala , khomchewala or chaiwala as per ur ability and qualifications.

1 Like

Ashu Sharma (Manager)     23 December 2010

Sorry Manjit, didn't get you...i need help to get out of it...i dont want to spoil my life.

Ashu Sharma (Manager)     23 December 2010

 

Pls Help...

 

as i said that I got married in Dec 2008 and we were not staying together since July 2009 then we thought is better to get separated but she was not agreed then i discussed with her about our future and she agreed upon but after a day she denied to go for mutual then i told my lawyer to file a case to get divorce and he suggested to me to go for conjugal right (Section 9). He said if she didnt turn up then you will be in strong position to  get divorce. Hence, i filed a section 9 but before the hearing when she received the notice she came back to my home...however, she was not in a mood to stay with me...then i told my lawyer to withdraw the section 9 and file a divorce petition but in front of Judge he said the she came back and she is staying with me happily so we want to withdraw the case.

 
Then again she left my house and now i want to file a divorce petition but i cannot as desertion ground of 1 year is not there???
 
can someone help me how can i proceed rather then waiting for anotehr year???

Regards,

Avnish Kaur (Consultant)     24 December 2010

file RCR but do not let her cum back again.

1 Like

hema (law officer)     24 December 2010

I heard in the Mahabharata, 100 Kaura brothers hatched a plan to make Draupadi nude before the public.  I see on this post, how many crooked and shameful advises are thrown by so called educated people to forcibly get a divorce from a woman, who does not want to give divorce and wants to stay with her husband in marriage relationship.  By reading these advises, I have developed deep respect towards indian matrimonial laws and the indian judiciary which protects the vulnerable women from these vultures. 


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