sanjeev001 (executive) 29 December 2011

Can i convert to muslim and remarry again without divorce

Dear sir,

request you to kindly advice on the above subject, i got married a year ago, but we are not compatible with each other, i eventually wanted to seek a divorce, but my wife is not ready to grant it, and doesnt want to do a MCD, i have lost interest in this relationship and wish to move ahead in life, but as my divorce is difficult, i cannot remarry with the girl i wish to, hence i would like to seek your valuable advice on this suggestion.

I am a hindu, got married according to hindu rites, i wish to remarry again, but as divorce is impossible as wife is not willing, i wish to get converted to muslim religion, which, according to my knowledge, permits remarriage.

1) can my first wife take any legal objection on me getting converted to muslim religion.

2) does she also automatically get converted to muslim religion if i get converted legally

3) is remarriage possible, without divorce. if get converted to muslim religion,

4) kindly advice if you find any more points worth suggesting here on this topic

Thanking you for your kind advice

Reply Follow

10 Replies

Kumar Doab (FIN) 29 December 2011

Without getting divorce from your wife you cannot remarry. You should not resort to remarriage without getting divorce. There may still be scope. Kindly save your marriage. Counseling may help both the partners to reconcile.

If you have done your best and elders have intervened and still the marriage can not be saved, you may approach a lawyer for seeking divorce. Instead of inviting trouble you should proceed methodically as advised by your lawyer.

N.K.Assumi (Advocate) 29 December 2011

First remember, Hindu is not Muslim and Muslim is not Hindu. Ours is secular state, and you can embraced any religion of your like, but simply converting yourself into Muslim Religion will not absolve you from the penal provision provided under section 494 of the I ndian Penal Code, until you disolve your first marriage..

N.K.Assumi (Advocate) 29 December 2011

1. You can even renounce the world by becoming sadhu whether she objects or not.

2.You may convert into muslim but your conversion does not per se makes her muslim

3.without disloving your first marriage it will invite penal provision provided under section 494 of the Indian penal code.

4.You can remarry at the pain of disolving your first marriage.

niranjan (civil practice) 29 December 2011

AIR 2000 SC 1950 conversion for marriage is not allowed.

1 Like

(Guest)

Live - In is the only option left ..

sridhar pasumarthy (ADVOCATE) 29 December 2011

@ Sanjeev : I agree with Assumi

@ Niranjan : I think that the citation cited by u is not correct. can u pls provide the correct citation

(Guest)

Agree with Asumi,
Besided you can Live-in, But your wife Can book you for Adultry

N.K.Assumi (Advocate) 30 December 2011

See the celebrated case of Supreme Court in Sarla Mudgal Vs Union of India. (1995) 3 SCC 635: JT 1995 (4) SC 331.

niranjan (civil practice) 30 December 2011

Thanks for correcting me,page no.is1650- instead 1950.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 15 February 2012

The original author of the post wants to take a second wife without divorcing his first wife. Are those who have circumcised permitted to do so? Let me also see the website.