Matrimonial

This query is : Resolved 
 

Online (Querist)
11 December 2018

Is converting to another religion for the sake of marriage- does the law permit?


Vijay Raj MahajanOnline (Expert)
11 December 2018

Not right as held by the Supreme Court of India. However for legal religious marriage both parties should be following same religion therefore if they are not, either of them should convert and adopt the religion of the other for legal religious marriage according to that religion.
Otherwise for inter-religous marriage under the Special Marriage Act,1954 is best for of Civil marriage without change of religion by either of the party.

BAALASUBRAMANNYAMM (Expert)
11 December 2018

Agreed with Vijay Raj Sir. Purely, for the purpose of marriage, no need to change their actual religion. Every religion has its own laws. so dont worry in this regard.

Kumar Doab (Expert)
11 December 2018

You can benefit from above.
The lawmakers shall decide the matter.

Kumar Doab (Expert)
11 December 2018

Supreme Court of India
Smt. Sarla Mudgal, President, ... vs Union Of India & Ors on 10 May, 1995
Equivalent citations: 1995 AIR 1531, 1995 SCC (3) 635
Author: K Singh
Bench: Kuldip Singh (J)

The questions for our consideration are whether a Hindu husband, married under Hindu law, by embracing Islam, can solemnise second marriage? Whether such a marriage without having the first marriage dissolved under law, would be a valid marriage qua the first wife who continue to be Hindu?
The problem with which these appeals are concerned is that many Hindus have changed their religion and have become convert to Islam only for purposes of escaping the consequences of bigamy.
The Government may also consider feasibility of appointing a Committee to enact Conversion of Religion Act, immediately, to check the abuse of religion by any person. The law may provide that every citizen who changes his religion cannot marry another wife unless he divorces his first wife.

Kerala High Court
Bini vs Sundaran on 12 December, 2007
Equivalent citations: AIR 2008 Ker 84, 2008 (1) KLJ 162, 2008 (1) KLT 331
Author: K Joseph
Bench: K Joseph, Harun-Ul-Rashid

1. The need for and role of conciliation for reconciliation and settlement in disputes relating to marriage and family affairs pending before the Family Courts is the crux of the subject matter arising in this appeal. In the process, a noval question to be decided is, whether conciliation is mandatory after the introduction of the Family Courts Act in a petition under Section 13 of the Hindu Marriage Act even on the excepted grounds of conversion to another religion, renunciation of the world, mental disorder, venereal diseases and leprosy.
https://indiankanoon.org/doc/1982470/
Apostasy or conversion may not constitute a ground for any matrimonial relief under The Special Marriage Act, 1954.

munshilalOnline (Querist)
12 December 2018

A christian married man having adult children & wife still alive living with him, goes & coverts to Islam to marry a Hindu women- is this legal?



Guest (Expert)
12 December 2018

Marrying with out Divorce would be illegal . But Adultery is not a Criminal offence in India now.

Dr J C VashistaOnline (Expert)
13 December 2018

1. Such marriage shall be illegal and invalid.
2. How you are concerned ?

munshilalOnline (Querist)
13 December 2018

Once one coverts to Islam A Muslim man has the right to marry more than once i,respective what is the religion of the women or his past marital status--what is the Legal issues then? kindly clarify



Guest (Expert)
13 December 2018

A Christian Marriage which had already taken place would follow the Law as per that . Switching off to some other religion or converting to some other religion will not be an Excuse Or Advantage. Ignorance of Law will not be an excuse. Even if that man converts to muslim the l muslim law will not be applicable to the marriage which he had already conducted as a Christian.



Guest (Expert)
13 December 2018

The Simple fact is that one of the married couple converts to Islam it does not invalidate their marriage please.



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