I am married belong to hindu community, but as I am facing tremendous mental harassment and blackmailing from my existing wife, she will never give me divorce either, so to get rid of the solution if I convert myself to Islam and remarry someone can I stay separate from my earlier wife, if she takes any legal action will that effect me and my career. After my conversion will that be legal in india.
Asked in Family Law from Mumbai, Maharashtra
1) you cannot convert to islam for purpose of remarriage
2) SC has held if a Hindu despite his Hindu wife, converts to Islam, and contracts a second marriage, his first marriage shall subsist and the second marriage shall be illegal and he shall be liable to be prosecuted and punished under section 17 of the Hindu Marriage Act and under Section 494 of the Indian Panel Code which prohibit second marriage during the subsistence of the first marriage.
3) Conversion does not end the first marriage but becomes a groused for divorce, and unless the first marriage is dissolved by a judicial verdict, no second marriage is permissible under any other Personal Law and if such a second marriage takes place the same shall be void and the person may be held criminally liable for a bigamous marriage.
Conversion can not escape you form legal proceeding if your wife would file the same. You should better to file a Divorce Suit on contest.
Thanks for the reply but being a male we don't get that much support from legal aspects, as my wife always use abusive words, blackmailing me that she will run away with two kids of mine if I don't pay her monthly 1 lac, after giving all household expenses, we stay in same house, giving wrong allegation, she knows that I very week towards my kids, she us using that as an equipment and brain washed the kuds that their father is not good, not allowing me to put them in hostel.I don't have any evidence of her abusive language and mental harassment that I go through everyday. She at any cost not willing to give me divorce.
Asked 1 year ago
1)file for divorce on grounds of mental cruelty
2) using abusive language against husband amounts to mental cruelty
3) record the abusive language used by wife
4) you don't have to pay your wife Rs 1 lakh per month
5) court awards generally one third of husband income as maintenance
1. Conversion to another religion, more so Islam, is not the solution. Your conversion will not make you immune from the legal proceedings which your wife may launch against you, and it will also not entitle you to get married again.
2. Unless and until you divorce your wife you cannot marry.
3. It is a misconception that courts favour females in matrimonial disputes. Every case is special on its own merits. The statements of your wife will not be accepted as the gospel truth. She will have to prove her case.
4. You are free to file for divorce on the ground of cruelty if she does not agree to mutual divorce. There can rarely be evidence of things which transpire inside a matrimonial house.
1. If she is not willing then file contested divorce suit.
2. In marital dispute you have only2 options. Either to digest ignominy or fight back by resorting to legal recourse.
Hi, if you convert into Islam she can't do anything but it is your duty to pay the maintenance.
2. When you are converted into islam you will not able to claim the ancestral property of your parents which you please note.
If you change your religion that will give her a good ground to divorce you under section 13 (1)(ii) of Hindu Marriage Act 1955.
Other option is you file for a divorce on grounds of cruelty under section 13(1) (i-a) of Hindu Marriage Act 1955 and write in detail about the harassment and cruelty meted out to you.
If she is not willing to give divorce, you may file it on your own on the grounds of cruelty. But your intention to divorce her is to live with some other woman?
Nowadays getting converted to Muslim is not a easy job as what you have been misinformed. The consent of wife (if married) and parents for such conversion has been mandated by the Kazis in the mosque to avoid litigation in the future in this respect. So better think of some other possibility.