Your wife can file for divorce on grounds of your conversion to Hinduism
you can seek visitation rights for your child
Child visitation
I was a Muslim when I got married having 2 kids (sons) from the beginning we had so many misunderstanding and she is living with her parents. My father is a Hindu and mother Muslim my sisters are married to Hindu families, over the years I got involved with Hinduism and last year got converted .Now I want to get divorce so my confusion is should I go to jamaat or to court and what about my visitation rights of my kids. please guide me.
Asked 5 years ago in Family Law
Religion: Hindu
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8 Answers
If your marriage was solemnised as per Muslim personal law i.e., Nikahnama, then you may have to get the marriage dissolved as per Shariat laws only and not as per Hindu law.
For visitation rights to visit your child periodically you may have to file a petition under the provisions of guardians and wards act.
You can go as per the Special Marriage Act and get visitation rights as per divorce Act.
You can go to anyone of them with your discretion. Even shariat law is a valid law for divorce
If you have converted yourself but your wife has not then the marriage has become null and void.
Dear Sir,
The moment you converted into other religion your wife can get divorce. Similarly you may apply for divorce and get it.
Hi, if the marriage is solemnized as per muslim law then you have to seek divorce as per Muslim law only.
Are you married in accordance with islamic rites and customs?
Regards
G.Rajaganapathy
High Court of Madras
