• Muslim married man needs divorce to marry Hindu girl

I 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 When Asim will feel the pain when he will see the daughter in pain and when he will see the daughter's life ruined.then he will understand. What can we do to get the daughter's schooling done.Pls let us know. Then also the next maintenance date was given as 24th July which was yesterday when asim had gone with his father and brother in law.ti which the lawyer at Aligarh told them that they have filed a case of dowry and violence as well where I they have involved names of 3 sister's of asim and his brother's wife as well in this case. Also, when the family got worried and got in conversation with the wife and his father the lawyer and wife's family took in written from asim that " he is taking her back home and all hassles are resolved" this was done forcefully and was asked to do so buy some time till the time asim could think of how to come out of all this than getting arrested. The notice is yet to come as they have intimated that they have filed these cases. It states my name as well in case.the wife has come back to Asim's place in delhi today after 4 months and the lawyer also said till 2-3 dates of these case they will see on Asim's behavior and if all is fine between the wife and him or not that they will withdraw the case or continue with cases and get the family arrested and keep fighting the case. On making the wife understand that even after her returning things between asim and her won't settle as its been 8 years since he has been with me she said she doesn't care and its on her ego that if she can't get him then she will not let asim be with me as well. Pls advice how to save Asim's family, asim and me and how can we peacefully get married and escape from these cases and also how can we send the daughter to school as the wife is not ready to send her to school to trouble asim.also now thy are not even taking about money negotiations despite of on going maintenance case.
Asked 3 years ago in Family Law from Delhi, Delhi
Religion: Hindu
1)Asim wife cannot file adultery against her husband and you under section 497 of IPC

2) only husband can file case of adultery against his wife lover 

3) no case of adultery can be filed against you 

4) since Asim is a Muslim he can divorce his wife as per Muslim personal law 

5) any divorce should be preceded by attempts at reconciliation and pronounced in presence of 2 witnesses 

6) Asim can contact a local quazi for guidance in this regard . Talaqnama should be prepared and Meher amount returned to wife 

7) ASim can seek visitation rights for daughter . Custody of daughter is given to mother till puberty as per Muslim personal law 

8) Asim can seek court directions to direct his wife to send daughter to school . In alternative custody of daughter be given to him 

9) Asim should contest case of dowry harassment on merits . Obtain bail from court 
Ajay Sethi
Advocate, Mumbai
46775 Answers
2767 Consultations

5.0 on 5.0

Basically you being a Hindu, you cannot marry Asim as per Hindu Marriages Act or Special marriages Act because he is already a married person having a spouse living in the subsisting marriage.  You can marry him as per Muslim religious rites but for that you have to get converted to m\Muslim religion. 
There can be no problem once you get converted to Islam and marrying him but the aftermath namely, the dowry harassment cases, domestic violence cases and the emotional black mails by the existing wife will continue to torture and torment you both.  You have to be prepared physically and mentally for all such legal and illegal assaults the wife may plan to subject you both. 
If she has already filed the cases under cruelty and dowry prohibition act, he has to obtain AB immediately and for his family members too.  In UP there is no AB hence he may have to obtain 'Not to Arrest' order.  
She can go to any extent to tarnish the images of everyone including  yourself, you have to be prepared for such an event too. 
T Kalaiselvan
Advocate, Vellore
36925 Answers
403 Consultations

5.0 on 5.0

1. This is quite expected when an other woman comes in the life of a person.
2. Try to defuse the tension and settle the dispute amicably.
3. Before blaming his wife just imagine how you would react when the same thing is repeated with you.
 I have nothing to suggest any more.
Devajyoti Barman
Advocate, Kolkata
13143 Answers
175 Consultations

5.0 on 5.0

1. You cannot get married to your lover unless and until he divorces his wife.

2. Since you are having a relationship with a married man he can be prosecuted for adultery and bigamy which may culminate in him being sentenced to a jail term of up t0 7 years. 

3. If a case for dowry violence has been filed against him he should seek bail asap lest he finds himself behind bars.

4. He can file a case for child custody to safeguard the financial and academic interests of his daughter.

5. Your father cannot be prosecuted as he is not legally liable for your illegal acts.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

1. Asim is married to his wife and has a daughter through her,

2. Indian law does not permit any married person to have extra marital relationship out of the wed lock which you shall have to understand,

3. If it can be established that Asim have had extra marital relationship with you for last 8 years when he was already married to someone else, then he will be charged with crime of Adultery punishable by jail term by our law,

4. It appears that you have not understood that Asim's said relationship with you is illegal as per the law of our country,

5. You can not marry Asim when he is already married,

6. You can only marry him only if he gets a decree of divorce either MCD of contested divorce.  
Krishna Kishore Ganguly
Advocate, Kolkata
18772 Answers
453 Consultations

5.0 on 5.0

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