• Muslim married man needs divorce to marry Hindu girl

am shipra, 31 year old hindu girl and been in relation with a 42 year old muslim man since last 7-8 years. He has been married for 9 years to a muslim lady from Aligarh and has a 8 year old daughter. The wife has known about the relationship ever since. We both have had intentions of getting married from the time we have been in relationship.Since about last 4 years Asim has been asking for divorce to which she has not been responding and continued to stay at Asim's place in Delhi. She did not agree to divorce and since last 2-3 years she has been threatening us for revealing our personal pictures in public and insulting us through various ways in society. Insulting Asim's and my family both. In march, Asim had given her signed divorce paper and asked for same when the lady's brother had come over and said she will sign & send back the papers and get back on maintenance amount. Since March end she has been staying at Aligarh with the daughter.Not letting the daughter speak to Asim or any body at his family.IN may she sent a notice for maintenance to come to Aligarh court on 18 th June and when he went there she did not turn up and only his father with the lawyer was there. Nothing happened the lawyer threatened him of cases of adultry, dowry, violence, etc. Asim got the next date and in between the lady's family had spoken to Asim's father threatening him as well of cases, etc. In between a week back Asim had gone to Aligarh to talk to them and when they expressed that they need 50 lacs for the lady, 50 lacs for the daughter, one house and one car.Which is completely out of our possibilty as we both are in service and have limited capabilities with no real estate investment that we could have passed.Post this 2 days back asim & his father again had a call & meeting as well with family where they said either leave me or give what they are asking else they will file for cases as planned against Asim for adultry and also against my father and me.(Is this possible). can they file case at all against my father & me.Also, what is the way we can resolve this. Can i still get married with him. Also, the disastrous part is that they are playing all games on the daughter knowing that all of them will feel for the daughter. They initially said that will get the daughter admitted in school in Aligarh but now on saturday when asim & his father had gone to Aligarh the wife said she is her daughter and they will do whatever they want to do. She said she will not get her admitted to school The daughter's year is getting wasted just in rebellious nature of the wife.She and her father said that Asim will feel the pain when he will see the daughter in pain and when he will the daughter's life ruined.What can we do to get the daughter's schooling done.Pls let us know.
Asked 3 years ago in Family Law from Delhi, Delhi
Religion: Hindu
1. You and Asim are liable to be prosecuted for bigamy as both of you entered into a relationship before he could obtain divorce from his wife. Your father cannot be prosecuted as he has not violated any law. 

2. Unless he divorces his first wife you cannot marry him. 

3. To protect the future of his daughter he can file a case for child custody, Once custody is granted to him by the court he can do all that he wishes to do to provide her a good education. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1) wife cannot file case of adultery against husband . 

2) no case of adultery can be filed against you . lady is regarded as victim 

3) since you belong to different religions you cannot marry ASIm unless he divorces his first wife

4) Asim can move court for seeking  child custody as wife is not sending daughter to school . welfare of child is the paramount consideration 

5) ASim can divorce his wife as per muslim personal law in presence of 2 witnesses preceded by attempts of reconciliation .
Ajay Sethi
Advocate, Mumbai
45472 Answers
2672 Consultations

5.0 on 5.0

Asim may file for contested divorce in the court and custody of the daughter (if he wants his daughter). There will be counselling in which wife would say why she doesn't wish to divorce. In that counselling let Asim tell that counsellor that his wife is threatening to file various other cases so it will come on record about the threats meted out to him. 

It may so happen that the wife agrees to divorce him and things gets settled amicably. 


Adv. Payal 
Payal Arora
Advocate, Pune
339 Answers
15 Consultations

4.5 on 5.0

If  you want to marry your paramour you can do so even now without he getting a divorce from her  but you should convert into Muslim religion and be a Muslim wife to him,then there is no risk of adultery offence. 
She can file maintenance case or even dowry harassment case but she cannot file a bigamy case because in Muslim religion a man is permitted to have up to four legally wedded wives at a time.
The dowry harassment and maintenance case can be challenged in the court properly because they are going to turn out as false and foisted cases. 
For sentimental blackmail holding the daughter,your paramour has to think about it.
To gain something you may have to sacrifice certain things. 
T Kalaiselvan
Advocate, Vellore
35628 Answers
386 Consultations

5.0 on 5.0

1. You have not mentioned on what ground Asim asked divorce from his wife,

2. Are you the reason for seeking divorce from his wife?

3. Please note that no case of adultery will stand against you since our law thinks that women can not do any adultery. Your father has no role to play here,

4. However, Asim can be happpily sent behind the bars for committing adultery which can be easily proved,

5. She can marrry you on being divorced from his wife or your being converted to islam,

6. Asim can file application for visitation right of his daighter.
Krishna Kishore Ganguly
Advocate, Kolkata
18457 Answers
448 Consultations

5.0 on 5.0

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