Advise for the action for marraige dispute
Rakesh Patel
(Querist) 23 October 2010
This query is : Resolved
Dear All,
I got married to a girl in mumbai. She was previously married to a Muslim guy and had divorced her on 31-10-2008. She was married to that muslim guy in 2003 and converted to muslim. I was involved in the divorce matter of this lady. After her divorce on 31-10-2008, she got married to me on 15-11-2008 i.e. in 15 days. morever she never converted back to Hindu before marrying me as per the Hindu Marriage act. We got our marriage registered in Mumbai. I dont wanna keep relation with this lady any more due to differences in our thoughts, religion and lifestyle. since we got married in 2008, till date we have lived together just for 2 months that too after 1 year of our marriage. what can i do to get a separation from this lady.
The first marriage was as per the Muslim Law for which the Girl converted to Muslim. The marriage with me was as per the hindu marriage act. She had not converted back to hindu before marrying me. Moreover as she converted to Muslim, she needs to observe the IDDAT period of 90 days before getting married to any other person as per the muslim Law. She did not do that.. what can i do to separate form this lady??
Khaleel Ahmed Mohammed
(Expert) 24 October 2010
The first marriage of the lady was legal as per Islamic Shariath. As you stated that she professed Islam before her marriage to Muslim guy. As you stated that she got divorce or Talaq from her husband on 31-10-2008. After Talaq she should observe Iddat period of 90 days or 3 menstrual periods for another Nikkah or marriage with only Muslim. As you stated that , you are a Hindu and she have not converted to Hinduism,when she got married with you. Your marriage is absolutely illegal and void (Batil) as per Islamic Shariath. A Muslim woman must not marry with non Muslim. As per Hindu law also a Hindu can not marry with non Hindu. Your marriage with her stands null and void by virtue of both laws.
Rakesh Patel
(Querist) 25 October 2010
In that case, what action would be advisable by you Mr. Khaleel Ahmed? what legal steps can i take to separate from this lady?
Khaleel Ahmed Mohammed
(Expert) 25 October 2010
You may file a civil suit to declare the marriage between you and the muslim lady null and void, or you can challenge the matter in the High Court.
