Maumita Ghosh (Employee) 13 January 2013

Conversion to islam & remarriage

Dear Sir,

I have a question regarding conversion and remarriage. One of my friend is stay away from his wife for more than one year. Both of them dont want stay with each other. But his wife doesnt want to give divorce also just to harrous him though she is getting everything from him. My friend is in abroad. His wife is in her in law's house in India. In this situation my friend is very much mentally upset coz he wants to marry a person he loves but not able to do under hindu marriage act. My question is, if he gets converted to Islam, can he marry again without dissolving the 1st marriage?? Earlier filmstar Dharmenra & Hema Malini, Chand and Fiza we have seen the instances. I just want to know is it possible to do?? Plz reply soon.

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4 Replies

Msk-need -nuetral- laws (self) 13 January 2013

Hi,

No, he will be tried under bigamy. For this very purpose SC ruled that, iif one was married as Hindhu and later converts his faith to Islam, if he wants to remarry , then he had to dissolve his marraige through proper divorce. Otherwise, though he converted into Islam and remarries, the second marriage will be void and not absolvable from bigamy charges

Maumita Ghosh (Employee) 13 January 2013

thank you sir. but how these couples did it then? plz tell me a solution except that divorce.

Tajobsindia (Senior Partner ) 13 January 2013

Originally posted by : Maumita Ghosh
	thank you sir. but how these couples did it then? plz tell me a solution except that divorce.

Bze. the ‘objection’ as in Court cases against respective husband(s) herein has to come from parties wife(s) or other family relatives to the marriage such as wife's or immediate relatives of public persons you illustrated above. If no objections then general public cannot challenge these public figures bigamous and or religious conversion marriages. That is typical legal fact!

BTW reel r/w public figures and real life situations are totally different.

Solution is to approach Court seeking "seperation decree" which means they cannot enjoin bed and board yet are seperated from each other legally that is what you say in openning few lines that they want. 'Divorce' is no more a dirty word now a days if that can be grilled into his wife then they can opt for 'seperation decree' anytime which later gets converted into proper 'divorce decree'.