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shyam lal   28 March 2023

Married .married again

While first wife alive and living with him tje hindu husband marries for the sevond timr with another hindu woman hence for this act he converted to Islam.

Now he wamts to divorce the second wife .this is a classic case .query what is the legal procedure he has to adopt to get rid of the second wife

Note till date the first wife has not filed polygamy.


 10 Replies

T. Kalaiselvan, Advocate (Advocate)     28 March 2023

If he had converted to Islam and married the second wife as per Muslim personal law,  then he can pronounce talaq as per the legally valid mode,  i.e., by talaq Hasan or talaq e Hasan.

If he married his second wife after converting to Islam then he cannot be considered to have committed bigamy offence. 

1 Like

shyam lal   28 March 2023

Thanks Advocate Kalaiselvan..i have a question if a person converts only for marriage .is this act illegal or legal

Shashi Dhara   28 March 2023

Now Triple talak  also can be questioned in court  of law ,why he is ruining the life of those innocent ladies ,what is the reason ,let he deserve and go to jail .

shyam lal   28 March 2023

Attention Shashi Dhara kindly be specific what legal action can be taken this is serious matter plesse spell out



T. Kalaiselvan, Advocate (Advocate)     28 March 2023

The Qazi who who is administering oath for conversion or the jamaat which will witness this conversion, if are aware of the intention of the person who desires to get converted for the purpose of getting married again during the subsistence of a marriage,  then they will not entertain this conversion.

However there is no prescribed rule prohibiting him from getting converted to any religion of his choice for any reason, hence getting onverted to Islam for the purpoe of marrying another female as per Muslim personal law cannot be termed as an illegal act.


1 Like

shyam lal   29 March 2023

Advocate Kalaisevalan.thanks for educating on muslim marriage much appreciated..i wish to remind you that the Supreme court has said that conversion for the sole purpose of marriage is invalid and illegal..question is how does one prove this form of act..




Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     29 March 2023

 conversion just for the purpose of marriage is unacceptable. Taking note of this, the Supreme Court dismissed the writ petition saying that it is not inclined to interfere in the matter under Article 226 of Constitution of India.

shyam lal   29 March 2023

For  info.

The 2014 judgement, in the case of Smt. Noor Jahan Begum @ Anjali Mishra & Anr. v. State of U.P. & Ors.) also says , ' Thus conversion of religion to Islam, in the present set of facts, of the girls without their faith and belief in Islam and at the instance of the boys, solely for the purpose of marriage, cannot be said to be a valid conversion to Islam religion. These marriages (Nikah) are against the mandate in Sura II Ayat 221 of the Holy Quran".

T. Kalaiselvan, Advocate (Advocate)     30 March 2023

You had asked the question to which you yourself gave an answer too.

Well its okay, you found an answer hence no need to repeat the answer.


Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     01 April 2023

Did the Hindu woman also covert to Islam for the second marriage? If not they can get married only under the Special Marriages Act and the Act does not allow bigamy.

I am not a lawyer. But I do not think that a statement by a High Court or Supreme Court judge in the course of a case hearing will become case law. If a case similar to the above case had gone up to the Supreme Court and the judgement pronounced that the conversion was not valid, the marriage was not valid or the man and his second wife were guilty of bigamy, then it would become case law for future cases. Bigamy is not a cognisable offence. Court will act only if the case is taken to court by the aggrieved party. Many film stars adopt this method to marry a second time. General public and even the Government also associate and adore the second wife or the live-in partner. Why even our scripttures adore and worship the second live-in partner. Sitaram had only one wife. But what about Radhakrishna? I have never heard of Rugmanikrishna or Sathyabhamakrishna.

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