muslim law
sasi
(Querist) 30 December 2010
This query is : Resolved
Sir,
Please go through the following case and give suitable suggestion/opinion according to law and on merits.
Mr.Shamsuddin a muslim man aged 38 years already married and having issues. While so, he fell in deep love with an unmarried Hindu girl, Ms.Aarthi aged 36 years and on the written promise by Shamsuddin that he would give talak after his sister marriage and marry her under Special Marriages Act, she accepted to live with him under one roof, considering her age to beget a child. After three years of family life, Shamsuddin refused to keep up his promise and has been compelling Aarthi to marry him without insisting for Talak. As she started living with him and Shamsuddin refusing to give talak in order to avoid threats from the first marriage relations, Aarthi is now compelled to marry him without talak. In such circumstances, what would be the consequences for the following acts:
i) According to which custom and convention they can marry?
ii) Without talak to first wife, whether Shamsuddin can marry Aarthi?
iii) If possible, under which custom and convention, second marriage can be performed?
iv) Being a Muslim, Shamsuddin can marry a Hindu girl while first marriage is subsisting?
v) In case Aarthi converts as a Muslim and after one year or so, whether she can marry Shamsuddin and is it valid under law?
vi) In general, if a woman converts Muslim, after how many years, she can marry a muslim man?
vii) What are the legal impediments if they proceed to marry each other while subsisting first marriage?
viii) What would be the legal status of the children born from and out of wed-lock of Shamsuddin and Aarthi?
ix) Whether Shamsuddin can seek divorce through Court and under what grounds?
M V Gupta
(Expert) 02 January 2011
Many of ur queries are already answered under ur earlier query preceding this one. u are viewing the entire issue only from the male partner's point of view. But the woman being a Hindu, marrying a person who is already married, may be guilty of immorality and should be avoided from her point of view. Hence it is better for her to first convert herself as Muslim and then marry the person. I do not think that there is any time limit prescribed under the Muslim law for a convert to Islam marrying a muslim male.
