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Anjali (student)     07 January 2012

Marriage

Hello all, i have an interesting case in family law. A Hindu man got married to a Muslim women under the Special Marriage Act and then later on went to Pakistan, got converted and married in the Islamic way. Now, he has got a divorce by pronouncemant of talaq in Pakistan and , Qazi has issued a letter. Will that be a  valid divorce even in India or does he have to get divorced again under the special marriage act. Please let me know if there is any provision in law or a case law.

 

Anjali



Learning

 8 Replies

Shantanu Wavhal (Worker)     08 January 2012

 

Bigamy is strictly prohibited and is punishable offense.


the man can not remarry without legally dissolving his first marriage.


conversion does not dissolve his first marriage.


his first wife can file bigamy case against him.

 

 

Ref : indiankanoon.org

u will find several reference cases.

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     08 January 2012

Dear Anjali

The hindu male went pakistan with his wife or alone, if alone and married with another women in pakistan and divorce her then in india the indian wife have right to file a divorce petition on the ground of conversion. but if he went with the wife and in pakistan converet as muslim and married with his wife again according to islamic way and give divorce & qazi issue a talaqnama, then in india they also need a divorce decree.

feel free to call

1 Like

najles (student)     08 January 2012

AssalamuAlaikum.

 i am a muslim woman and have a 2 year old daughter. i have been married for almost 3and a half years. my problem is my husbands family has been trying to persuade my husband into getting a divorce from me to which he has finally conceded. i was not aware of it initially but for the past 2and a half years this was happening behind my back. i was brought over to my house at the time of my pregnancy and since then my inlaws had voluntarily been creating problems between us after he has never returned to me or my daughter eversince her birth. evn before my pregnancy i used be threatened by the female members of my husbands family. now he is persistant on a divorce which i do not wish to give as my daughter still needs her father and a proper family and she should not have to face the consequences of my in laws acts. word is around that they are trying to get him remarried and are spreading the wordaround that we are already divorced. is there any way to stop him from getting remarried and survival of my marriage. if at all i am forced to how can i stop them frfo getting custody of my daughter as they are very cruel people and had tried to kill my baby when i was pregnant. please do help.

Adv. Chandrasekhar (Advocate)     08 January 2012

Madam Najles,

Even though India is a secular country, in the case of marriage and divorce, personal laws are applicable.  If your marriage has happened in accordance with the rites and customs of muslims, then that marriage, as per the religion, as a contractual marriage.  The husband, without having even a valid reason, can pronounce triple talaq and give divorce to you after paying the dower.  As per muslim religion, during the subsistence of first marriage, he can go for second marriage.  It is unfortunate, but it is real.

Regarding custody of the child, they will not get it.  The courts can grant the custody of the child keeping in view of the welfare of the child.  So, for that matter, you need not worry and the child will be with you. 

Even in the case of maintenance, S. 125 cr.p.c. is applicable and you and your child will get maintenance of about 1/3rd of his income.

Anjali (student)     10 January 2012

Thanks to everyone for  replying. I think i didnt make my facts clear. The person married the same wife again in the Islamic way in Pakistan and obtained a divorce from a Qazi in Pakistan, Will that be considered a divorce under the special marriage act?

Shantanu Wavhal (Worker)     10 January 2012

Yes.

Adv. Chandrasekhar (Advocate)     10 January 2012

no.

Shantanu Wavhal (Worker)     11 January 2012

Oh ! I am sorry.

Chandu sir is right .



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