Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

A.S. Bhatti (Manager)     25 September 2014

Nullity of marriage

Hello,

Though I had asked a query earlier regarding the conditions my marriage took place, I would again like to mention it here for the clear picture of my problem.

I am a hindu guy wanted to marry a muslim girl. I went to talk to her parents at their place where his father, an army person, was posted those days. He asked me to convert to Islam for the marriage which I clearly denied saying that I respect your religion but at the same time I also respect my own religion so this conversion was not acceptable to me. After some discussion my in-laws said they are ready for the wedding but it should be done as per islamic way and for which all I need to do is to change my name and not the religion, for the wedding, which I agreed and my marriage got done there as per islamic tradition in presence of her parents, brother, a Qazi and 2 other witnesses who signed the marriage certificate as witness.

This marriage was done under Section 12, 15 or 22 of Assam Council Act no. IX of 1935 under the seal of Muslim Marriage Registrar. On the marriage certificate my changed name is mentioned and not the original name as my all documents and passport.

It has been 3 and a half years now that I got married. Since last few months (about an year now) due to continuous disputes due to differences in thoughts and living nature of both of us, we have decided to get separated.

Now the problem arise, when I started finding correct and easiest way for separation, I came to know that my marriage is void. B'coz it was done as per Islamic tradition, in which if either of the party is not Muslim, marriage can't take place. And in my case I was not Muslim so the wedding is not valid and divorce can't be done. 

I would like to know :

1 - Is there any process in court or law by which I can file a petition for decree of nullity of this marriage?

2 - How much time does it take to get it done by court?

3 - In this case do I need to give any alimony to my wife (girl)?

4 - Any other consequences I could face in future or during the course of this process?

Kindly help me in this and guide.

Thanks and regards



Learning

 2 Replies

prakash chandra jain (proprietor.)     25 September 2014

dear friend. marriage continues to be null and void. specific relief act provides for declaration of such status. not much disputed issue so court will decide soon.alimony is granted only to legally wedded wife. no further consequences insuch case. prakash chandra jain advocate indore.

A.S. Bhatti (Manager)     25 September 2014

Thank you very much Prakash Ji. Never heard about this act before but just read about it on net after getting it from you.

 

Thanks again.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register