Divorce -hindhu muslim
Rajesh Kumar jakka
(Querist) 18 October 2013
This query is : Resolved
Dear Expert,
please anybody let me know, that conversion of religion/caste certificate is necessary to get divorce of hindhu muslim,
my friend is a muslim has married a hindhu girl and after 4 years of marriage, they want to get divorce but the girls lawyer is asking a conversion certificate of her into muslim religion,
is it really necessary to get divorce?
M.Sheik Mohammed Ali
(Expert) 18 October 2013
she has converted to muslim or not ? if yes, she should be give certificate.
Devajyoti Barman
(Expert) 18 October 2013
Let her apply for divorce under Muslim Marriage Dissolution Act for which no conversion certificate is required.
Nadeem Qureshi
(Expert) 19 October 2013
Dear Querist
if there is dispute regarding the conversion then file a civil suit for declaration of this marriage as null & void before civil court. if any conversion is there & the husband is Muslim then the conversion certificate is not mandatory for divorce.
state full facts for best advise
prabhakar singh
(Expert) 19 October 2013
A muslim can not marry a hindu unless hindu converts voluntarily as MUSLIM before NIKAH.
ELSE THEY NEED TO REGISTER THEIR MARRIAGE UNDER SPECIAL MARRIAGE ACT.
If it is valid nikah then a male muslim spouse does not need decree of divorce.
He can TALAQ out right.
Raj Kumar Makkad
(Expert) 19 October 2013
The reply from author is still awaited whether the girl had converted to Islam or not?
Ms.Nirmala P.Rao
(Expert) 20 October 2013
Dear client,
They -your Muslim friend husband and his Hindu wife can go for either "Khula" type of divorce in exchange for some consideration by th Hindu wife to the Muslim husband or for Mubaarat type of Divorce without any exchange of considerations. In many such cases, the wife automatically embraces the religion of her husband on her marriage albeit she is a Hindu. This Khula and Mubaarat type of divorce is akin to Divorce by Mutual consent under Hindu law and Special Marriage Act etc. You can also go for such mutual divorce by approaching a court and formally get it dissolved. If you wish to thank me for this reply please click the Thank You button on my profile.
ajay sethi
(Expert) 20 October 2013
you have not answered query of experts whether wife has converted to muslim religion before marriage or not
Ms.Nirmala P.Rao
(Expert) 20 October 2013
Dear Client,
I'm sorry! In the case of Hindu husband Marrying a Christian woman , the wife automatically embraces husband's religion without formal conversion according to the Supreme court. But, if the husband is a Muslim and WIFE IS A Hindu SHE needs to get formally converted to Islam in order to enjoy better legal rights under Muslim Law. So conversion certificate to Islam is necessary. If both of them were married under SMA of India, then they can go for divorce by Mutual Consent without such formal conversion by her to Islam- either before or after their marriage and without such formal conversion such marriage is considered absolutely void and no legal rights would flow from such void marriage to her
Ms.Nirmala P.Rao
(Expert) 20 October 2013
Mr.
Ajay Sethi,
I didn't generalize- but, I said many of you.I never said everyone of you. For your kind information- so far, I'm not being given credit of any additional points for my Thanks count. I always invest my time in doing something constructive and I'm quite a level headed person. I do read a lot of English Magazines, Booker and Nobel laureates novels and solve Math and crossword puzzles in English. I absolutely read only English Papers, Magazines etc, I'm a Bibliophile, Anglophile and numerophile,All this subject to time and other constraints.
Rajendra K Goyal
(Expert) 23 October 2013
Agree with the advise of prabhakar singh ji.
Sarvesh Kumar Sharma Advocate
(Expert) 19 October 2013
