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Patanjali Dhar (RM (HRD))     21 April 2016

Divorce on conversion

A lady colleague of mine fell in love with a chap from another community, who asked her to convert so that he can marry her. The man was from Muslim community and he got her converted and married her. After a few years of marriage this lady came to know that this person has another wife and two sons from him. When she confronted him, the person told her that you have converted to my religion and as per my personal law I can keep four wives. The husband has forcibly taken her property built from her own earnings and is not willing to divorce her. This lady is employed in a Government concern and is at present at a fairly high position and has one daughter from the husband. The daughter is studying in College and both of them are living in Bhopal while as Husband is in Mumbai. The daughetr does not want to live with her father and his step mother.This lady is completely dejected as she can neither get a divorce nor will be able to live on her own. The husband is threatening her and she feels that she has no way forward other than committing suicide. How can she get divorce? Should she reconvert to her previous religion and whether by conversion her marriage as per Muslim Law stans dissolved? Please clarify.


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 4 Replies

Vijay Raj Mahajan (Advocate)     21 April 2016

This lady can seek divorce from the husband under the Dissolution of Muslim Marriage Act on the ground of cruelty. Although the husband may object to her doing so from the family court as he being Muslim will bring the religious Shariat law in his defense but the civil law as provided to Muslim's wife under this Act is to protect the right of such wives to seek dissolution of their troubled marriage.

(Guest)

Whats in it for you?  Its advisable to stay away from such matters which in turn might complicate the matter and you might have to face the brunt of it.  Beware.  Stay away.


(Guest)
She can have divorce under Hindu law either...she was cheated and thus the marriage is void...for the conversion part she was forced to convert...there is much u can private mssge me

Patanjali Dhar (RM (HRD))     23 April 2016

This is a human problem. India is one of the few democratic Countries having personal laws for the minorities. While this may have some merits in ensuring the safety of the minorities but some people do misuse these laws. While there is complete freedom for the individual in India in the matter of religious conversion and marriage but the matter becomes complicated due to the operation of the personal laws of some of the communities. A marriage is a cvontract between the two parties but when the contract is heavily tilted against one of the parties, is it not incumbent upon the State to ensure that all the clauses of the marriage are explained to the parties, in particular weaker party? As per the civil law of the Country, both man and woman have equal rights in the contract of the marriage. In the personal law of a particular community, the marriage contract has clauses, which are heavily tilted against wife. e.g. i) A man can have four wives but wife can have no rights to take divorce in such situations. ii) A man can divorce his wife any time even without any cause or reason while as wife can not take divorce even on genuine reasons. iii) A man is master of his wife and can even reprimand his wife while wife is subservient to him. She has to live with other wives of the person if he wants to marry more than one wife. iv) Father has all the rights on the children while mother has almost no rights. As the tenets of the marriage contract are not explained to woman at the tiem of the marriage, can she plead before the Hon'ble Cour that such marriage should be deemed as dissolved as the terms and conditions of the contract have not been explained to her. As I know a contract become void if all the terms and conditions of the contract are not known to both the parties, particularly those which infringe upon the rights of one of the parties.

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