Upgrad LLM

Need urgent advise pls

FIN

What is your nationality and personal faith say; Indian, Hindu!

Where were said marriages solemnized say; India?

Is your marriage registered, if yes; under which Act and where!

You shall need to convince the court.

If you can do IT as PIP , go ahead.

Or approach a very able senior LOCAL counsel of unshakable repute and integrity  specializing in Family matters and having a successful track record.

 

 
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If the divorce is not legal and if you can prove the first marriage, she can be prosecuted.    Without prosecuting her, you can on this ground compel her to hand over your child to you if you so admire it.

If you want to marry, taking divorce is necessary.

 
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My marriage is registered in India and it was a Hindu marriage. We married in India. She did converted to Muslim as was mentioned in nikahnama but I don't have proofs of that. She can easily convince that ex Muslim guy not to share proofs by paying him good money. That ex Muslim guy is married now with two kids. I just want the custody of my child and break this marriage. I don't want to continue with a women who befooled me so many times and does not respect any elders. With the proofs that I have, will I be able to get custody of my child.
 
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Advocate

The proof of change of Muslim religion to Hindu religion before this woman married you does not exists and that is good enough for you to get your Hindu marriage declared null and void. The Nikahnamma mentions her religion as Muslim, after that she did not convert back to Hindu religion and married you, the Hindu marriage can be valid if it takes place between two Hindus only but in your case she being Muslim and you Hindu the Hindu marriage by no imagination can be Valid in the eye of law. If the marriage itself not valid where is the question of any divorce because the divorce is the process to dissolve valid marriage a marriage which itself is not valid how it can be dissolved. Some sense to prevail in the mind of all those advising you for going for divorce against her.

 
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Thanks for the advice gentleman. What I can make other from all advices till now Is: 1) If I can manage copy of the nikahnama or can bring proof of her being converted to Muslim..it will help and make my current marriage null and void. 2) Even if the marriage is void..Will I get custody of child on basis of fraud and concealment of facts by the lady. Also can an evidence of adultery ( photo, email etc.) help in securing child custody
 
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Thanks for the advice gentleman. What I can make other from all advices till now Is: 1) If I can manage copy of the nikahnama or can bring proof of her being converted to Muslim..it will help and make my current marriage null and void. 2) Even if the marriage is void..Will I get custody of child on basis of fraud and concealment of facts by the lady. Also can an evidence of adultery ( photo, email etc.) help in securing child custody
 
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Thanks for the advice gentleman. What I can make other from all advices till now Is: 1) If I can manage copy of the nikahnama or can bring proof of her being converted to Muslim..it will help and make my current marriage null and void. 2) Even if the marriage is void..Will I get custody of child on basis of fraud and concealment of facts by the lady. Also can an evidence of adultery ( photo, email etc.) help in securing child custody
 
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Advocate

Look your minor child in living with your wife in a foreign country and in order to get the sole guardianship and physical custody of the minor child under the Guardians & Wards Act, 1890 the petition can be filled in India where the  minor child orindinarily resides in India, which not in this case.

The other option left with you is to file for the annulment of your marriage in Family Court in India, on the ground of fraud committed by your wife by hiding the fact about her first Muslim marriage, Nikkah with a Muslim man after converting to Muslim religion but after the divorce she did not convert back to Hindu religion for Hindu marriage with you, now here you have to file the petition under section 11, 12 of the Hindu Marriage Act,1955. However this petition you have to file with 1 year of the disclosure of the fraud otherwise it will be time barred and not be entertained by the court. In the main petition for annulment you can move application under section 26 HMA for seeking custody of minor child.

Otherwise you have no other option for seeking custody of minor child in India as the minor child lives with your wife in the foreign country and for that you need to go to that country and file for child custody.

 
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