Muslim woman

Arif Iqbal (Querist) 28 August 2018 This query is : Resolved
One of my client who is a Muslim woman married a Hindu man as per Hindu rites and customs. Thereafter they both applied for solemnisation of marriage under the Special Marriage Act. Notices for marriage were issued, but the marriage was not solemnised. After about 3 months from marriage, the woman returned back to her paternal home and reconverted to Islam. Now she wants to get divorce.

Now can we file a petition under 13(1) (ii) of the HMA. Our scenario is that the petitioner herself has ceased to be a Hindu by conversion to other religion. Please help me with suitable case laws, if any.

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Sudhir Kumar, Advocate (Expert) 29 August 2018
marriage never took place. She was Muslim and boy was Hindu and marriage was possible under Spl Marriage Act. Marriage with Hindu rites has no relevance and consequent conversion of husband is also of no relevance.

Dr J C Vashista (Expert) 29 August 2018
On the one hand you are starting the query with the statement, inter alia, that "One of my client who is a Muslim woman married to a Hindu man as per Hindu rites and customs..."
Subsequently you have stated, inter alia, that, "....but the marriage was not solemnised...."
How these two contradicting statements for one query???
Consult a local senior lawyer with true facts of the case in a simple and straight manner.

Guest (Expert) 29 August 2018
Illegal marriage has no justification for seeking a legal divorce.

Vijay Raj Mahajan (Expert) 29 August 2018
The ground of change of Hindu religion to another religion for divorce under section 13(1)(ii) HMA is available only to the Hindu whose spouse change religion not to the spouse who has changed.
Other grounds for divorce can be availed.

P. Venu (Expert) 29 August 2018
Had she converted to be a Hindu before marriage?

R.Ramachandran (Expert) 29 August 2018
Dr. Vashista:
Please try to understand the query. There is no contradiction. He says that the marriage of a muslim lady took place with a hindu male as per hindu rites and ceremonies. (THIS IS NOT A VALID MARRIAGE AT ALL)
Subsequently, both of them applied for Special Marriage Act - notice was issued - but before the process could complete the muslim lady went back to her parents. Therefore the marriage under special marriage Act did not take place.
Hope this clarifies your doubt.