Hi,
A person who is facing 498A and divorce trial .
but his wife is not ready to give divorce.
can he changed his religion from hindu to muslim an do second marriage
if yes whats the procedure.
Adv Archana Deshmukh (Practicing Advocate) 21 August 2012
The answer is NO. Changing the religion won't help the man in any way bcoz the unless the first marriage under the Hindu law is validly dissolved by a decree of divorce he cannot remarry under muslim law. The second marriage under Islamic laws will be void and further he can be prosecuted for bigamy.
Guest (Guest) 21 August 2012
He is at libery to change religion but he is precluded from re-marrying after embracing Islam, unless his first marriage has been dissolved according to the personal law to which he was subject before changing the religion.
Sudhir Kumar, Advocate (Advocate) 26 August 2012
If you change religion it is choice of your wife to seek divorce or not. She is already not agreeing. This way you loose chances of her mercy which you will need to get out of 498a.
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