Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Salman (self)     14 June 2014

Marriage between seperated people

Sir,

I am a Muslim from South India, married in 2006. We do not live together since 2011as she left me saying that she did not like living with me. We are  yet to get legally separated. In fact, her unclie and siblings wants me to take initiative and divorce her putting me in a troubled state. . We do not have any children though we lived together for more than 5years in the initial years of marriage.

Now I am living alone for the past three years in a metro city where I am friendly with a Bengali Hindu Girl  who is living alone in  the next block. We met couple of times and I am extremely comfortable with her presence as she is very caring and mature. We often discuss matters related to job and few things about personal. She told  me that she is married woman and her husband is working in Noida and I am not sure if that is true as I never noticed her husband or anyone other than her family members visiting her at her house.

I like this girl with all respect so I did not ask much as it may appears to be not so good asking too much peronsal details at this stage. However, I have a gut feeling that she needs my attention and  I also love her and more than that respect her much. I know we like each other.

I feel she is so compatible professionally and personally to my nature though we both are from two religions and two different parts of India. She  appears to be very modern with positive attitude and approach and these qualities attracted her to me. I also feeling that the religious difference may not be a concern to her family as she is educated professional and keeping modern values in life.

Her presence and the way she interacted with me was so impressive and  a great relief for me during my difficult period ( though she did not know much about the kind of  pressure I am going through because of my failed marriage life). Because of all these reasons I feel that she could be a good companioin in my life and wish to marry her. I sensed her love towards me as well.

I did not propose to her yet as i feel I need to wait for some more days and know more about her present family life and what is happening in her family life before proceeding. But I am sure that she likes me much and seeking my attention for care.

In this situation,  request you to clarify few things:

- Can I marry this girl if she agrees to it? Does the law allow it under special marriage Act? Should I wait for her to separate from her present husband, if any?

- I can get divorce from my present marriage. However, as she is a married woman ( I am not sure if she is also going through the same situation in her marriage like I do and that is what I need to know from her. But the kind of affection and attraction she poured on me shows that she is in need for me)

-What are things I need to do legally in case we both agreed to marry? As far as I am concerned, I am free to decide and no need to take any permission from anyone from my home. . But before I am going to propose her, I need to know the legal complications to set them right. Please note: I do not wish to convert her religion to Islam as I respect her beliefs the way I respect her as a person.

I need an expert opinion about this case: Marriage between two married persons belonging to two different religions. What are the legal matters  that we need to address to get everything go smooth?

Regards

Usalm

 

 

 

 



Learning

 2 Replies

Laxmi Kant Joshi (Advocate )     14 June 2014

Salman first you clear it from her that she also want to marry with you or you are going one sided love theory , if she also desires so but she is already married with somebody then tell her to take divorce first otherwise you both will come under trouble she will be charged for bigamy and her second marriage will be treated as null and void , her husband will file adultry case on you better take divorce before marriage and solemnised your marriage under special marriage act without changing your religion and name .

advocate Avdhesh chaudhary (advocate/ legal consultant)     15 June 2014

salman, it is adviced to you first you ask for her opinion if she agree then she must be divorced. in otherwise case you both will be in problem, second marriage without divorce first one is null & void, on the other hand you may face criminal prosecution. if her husband in NOIDA I may help you as I am lawyer from NOIDA.. Advocate Avdhesh chaudhary, 09891507137


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register