• Interfaith marriage and conversion

Hi, I am Hindu Girl, aged 31 years working professional in a multinational company in Delhi, got married with a Muslim boy on November,2017 under Special Marriage act. However his family member never accepts our relationship as because of different religion. We did our court marriage without his family member but he assured me that he will try his level best to request his parents to accept our marriage. But things got changed after a couple of days when he started emotionally blackmail to convert to Islam for his parents and family members also he insisted me to do Nikah otherwise he can not live with me as a husband and wife. After a month later he went his native, Kolkata but I was staying in Delhi alone for my job purpose. After few days later his family member called me over phone and said that they will accept our marriage and moreover accept me as a daughter in law if I convert to Islam also I should live with my husband and his family members in his native home. From that day he never came to Delhi to stay with me. I asked for a mutual divorce, but he never answered and wanted to stay with me! please help me as am under lots of depression and mental trauma, as I dont see a way to live a better life!
Asked 4 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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16 Answers

You can file divorce on Grounds of cruelty by husband after the completion of one year of marriage.

The acts of your husband asking you to convert to Islam agaunst your wishes amounts to cruelty and is a valid ground of divorce.

Alternatively, you can file a petition for annulment of marriage as fraud was committed by the boy in order to lure you into marrying him, but the chances of success are very less.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

Dear madam,

You got married through special marraige act . I hope you got married through court. In such case you can claim maintenance and the boy would have to come to delhi for further proceedings.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

Dear Client,

Solution depends on what legal assistance you are looking for, divorce or arrangement with same guy ?

Well, forcing wife to convert her religion/change her belief valid ground for diovrce. If he is not agree for mutual, you can file contested divorce on above ground.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You canfile for divorce on grounds of cruelty on expiry of one year of marriage

2) husband forcing wife to convert to Islam amounts to cruelty and is ground for divorce

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Mam since there is no issue as such at this stage first you can try to contact with your husband secondly if mutually nothing works out and you want to live with him file a RCR under section 22 under special marriage act for restitution of conjugal rights further in case you want to file divorce you need to file a contested as he is not agreeing on mutual divorce. A contested divorce can be filed on ground of cruelty though no divorce application can be filed without permission of court in first year of marriage

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Answerd by Adv kavery Anand Bangalore.. if u love each other then .. what's the problem...?

U knew that he is Muslim.. before marriage.

So now what is the problem with Muslim religion.

If u want him and happy life with him then go ahead..

If u want mutual consent divorce.. also u need to give solid reasons for divorce.. otherwise case will not be strong enough.

For more details call me through kaanoon.com.

Pl give RATING and feedback for appreciation.

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

Apply for a divorce under the provisions of SMA before the Family Court at Delhi.

Having said the above, mutual consnent divorce is best way out of the situation you are facing. Speak to your husband regrading the decision of separation taken by you. In case he does not gives his consnet to you for mutual divorce, contest a case of divorce against him on the ground of mental cruelty.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You can file a complaint against husband under Section 498A, IPC, The Hindu Marriage Act, 195 and the Domestic Violence Act, 2005.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

You can file Restoration of conjugal rights immediately against you husband as you are working lady so you cannot claim the maintenance from your husband

If you are husband does not reply for the conjugal rights and you get ex Parte decree on the basis of that degree you may file a divorce petition under special Marriage Act

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

- Dont break your relation at once and give him opportunity to understand your problems of conversion .

- If , he is not ready to listen you and insisting upon his conditions , then you should send a legal notice after narrating all facts and the situations under which he got married with you under Special Marriage Act and also mention that as per law of the land , you are free to pass your life as per your wish in the same religion and tradition and if he will not agree to continue the relation , then this will amounts to cruelty. Upon witch you can take legal actions against him.

- If, you want to continue your relation/marriage with him , then you should file a case of Restitution of Conjugal Rights .

Otherwise, you can get Divorce/Separation order from the court of law on Cruelty ground .

Free yourself from the cruel clutch of Depression and mental trauma and solve your problems patiently.

Mohammed Shahzad
Advocate, Delhi
9885 Answers
121 Consultations

5.0 on 5.0

1. Seems to be yet another case of Love Jihad.

2. Be that as it may, the only remedy in your hands is now to file a petition for dissolution of marriage on the ground of cruelty under SMA.

3. You can also file a case under Section 12 of DV Act to seek multiple remedies such as monetary compensation for the acts of domestic violence suffered by you and also maintenance for yourself.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hello,

Dont loose hope. You are an independent lady and you can take care of this.

File a case for restitution of conjugal rights . Before that approach them to accept you as the person you are , if they dont give entry file a case under 498A of ipc.

Also you can approach NCW with relevant proof of his demand.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

From examining all the facts of your problem I want to say that-

I have come across many cases like this. I can understand your problem. It is unfortunate that you could not lead a happy married life. There are some incidents that happen in your life and those incidents are so strong that they change your DNA. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation. As you know marriage doesn’t guarantee that you will be together forever, it’s only paper. It takes trust, respect, friendship, faith and understanding to make it last. Moreover, a relationship without trust is like a car without gas, you can stay in it as long as you want but it won’t go anywhere.

I have observed that religious conversion has become the subject of passionate debate in contemporary India. From the early 20th century onwards, it has surfaced again and again in the political realm, in the media and in the courts. During the last few decades the dispute has attained a new climax in the plethora of newspapers, journals, and books whose pages have been devoted to the question of conversion. Religious conversion has always been a very sensitive social issue not only because of the reasons that it has psychological concerns of religious faith but also because it has wider socio-legal and socio-political implications. You have a fundamental right to live your life with peace and with happiness. Nobody has a right to force you or blackmail you to change your religion.

You can also file a police complaint if you’re in laws are threatening you. I would suggest you to visit family counselor in Delhi. A family counselor is an individual who treats married couples or family members in order to help them overcome mental or emotional problems that may result within the home. The family counselor will diagnose any disorders and provide effective treatment measures in which to help the family members resolve their issues.

If the differences are not sorted out with the help of family counselor then the only option is to file for divorce on the ground of mental cruelty under the special marriage act.

If you need any help you can contact my assistant to book a consultation. I will help you.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
312 Answers
5 Consultations

4.0 on 5.0

hello

you should immediately file an FIR against this boy for abandoning you and defrauding you. he married you and now he wants to have his way. also, file for divorce if you think he cannot be persuaded to do the right thing and live with you. the case should be filed against the family members also for pressurising you into converting to another religion.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

Under the given situation you may first issue him a legal notice instructing him to take you back into the matrimonial fold and if he is not interested to continue the marriage then to agree for mutual consent divorce.

Failing to respond or comply with the demand made, you may either file a petition seeking restitution of conjugal rights or divorce on the grounds of mental cruelty citing the same as a reason for mental cruelty.

You do not have to budge to their pressure to convert to Muslim religion against your willingness.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Send him a contested divorce notice under clauses of special marriage act on the ground that he is forcing you to convert your religion.

Under law no one can force to convert hos religion. Every person has right to religion. Conversion can take place only if you want to get converted. But after conversion your life will be guided by muslim law and all your rights under hindu law will end.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

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