Legality of Marriage

Querist : Anonymous (Querist) 30 December 2010 This query is : Resolved
Dear Sir/Madam,

Just to brief you on my problem, I got married to a lady named Rekha on 16/01/2009. She was previously married to a Muslim guy and got divorce from him on 31/12/2008. so that means within 16 days of divorce we got married as per hindu law. Secondly she had converted to Muslim and accepted Muslim religion and Muslim name as Shaina (instead of Rekha) but before marrying me she never converted back to Hindu. This girl was working in a Dance Bar in Dubai. I got carried away and got married to her on the above mentioned date. I also sponsored this girl in dubai on spouse visa. After sometime i realised that we cannot get along due to her mentality and her nature and now i want a separation from her.now this girl is asking for money and to take separation. Firstly is the marriage legal?? Can i challenge the validity of the marriage? Kindly advise any other solution to problem

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adv. rajeev ( rajoo ) (Expert) 30 December 2010
It is better to go for mutual consent divorce as per the special marriage act. Jurisdiction for this is where the marriage took place or where you both were resided last together.

G. ARAVINTHAN (Expert) 30 December 2010
Your marriage is legal as she not had a spouse at the time of marriage with you.

You need file application for divorce at the place of cause of action.

If she agree for mutual consent and you are ready to pay her permanent alimony, then no problem, you can file divorce at the place of marriage or at the place where both started living

Querist : Anonymous (Querist) 30 December 2010
Dear Mr. Rajeev and Mr. Aravinthan

As per my knowledge, As per the muslim law, a women needs to observe the IDDAT period (90 days) before marrying any other person. also she did not convert to hindu before marrying under the hindu marriage act. even then the marriage stands valid???

Bhawani Mahapatra (Expert) 30 December 2010
I'm agree with Mr. Rajeev & Mr. Aravinthan.

Kirti Kar Tripathi (Expert) 31 December 2010
legality of the marriage can be challenged as the second marriage marriage is not is accordance with Hindu Marriage Act, as the author states.

Arun Kumar Bhagat (Expert) 08 January 2011
You can move court for nullity of marriage.

Advocate. Arunagiri (Expert) 08 January 2011
It is a repeated query.

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