• Love affair issue

I am in relationship with a girl for 5 years. My religion was Hinduism and she was Muslim. After two years of our relationship, I have started to study Islam through her and get converted. There was no force on me as I converted on my own wish. Our plan was to get married and settled as soon as possible. I have purchased a flat by taking a big amount of bank loan in urgency. I have purchased the flat mainly for two of us as I cannot take her to our house because of religious issues. Since last few days (22 days), I am not getting any responses from her. I am not even able to contact with her as her numbers are switched off. I don't know if she's cheating or if there is any family issue. 
I am stuck in the middle of everything and all of these are making me frustrated and devastated. I am emotionally destroyed and cannot think about further progress in life anymore. I want to know if there is any legal step that I can take against it.
Asked 4 years ago in Family Law
Religion: Muslim

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10 Answers

1. What legal step you propose to take.

 

2. You had learnt about Islam through her and got converted with the anticipation that it will ease your marriage with her.

 

3. You two could have married without changing any of your religion under Special Marriage Act.

 

4. Hope you have not bought the flat jointly in both of your names.

 

5. However, you can not do any thing legally if she refuses to stay in touch with you.

 

6. You are required to keep in mind that you have become a Muslim now and suppressing this fact from your next fiancee (f any) will be a crime especially if she is a non Muslim  girl.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

If you suspect her to be confined in her home by her parents,  you may lodge a complaint with local police stating that your girlfriend has been illegally confined in her home by her parents against her willingness and there's a possibility to even kill her because she too loves you and that you both are planning to get married soon.

You may produce the photographs and other documentary evidences to prove your relationship with her and also in support of your complaint. 

If the police is not cooperating or not entertaining the complaint you may even file a habeas corpus petition before high court on this. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You cannot force her to talk to you 

 

2) it is her call whether she wants to meet you or not 

 

3) if you continue to call her she may file police complaint of stalking against you 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

. If you plan to get her out of her house legally then you may have to lodge a complaint with the police and follow it through high court as suggested earlier. 

You have been suggested the legal option,  it is up to you to implement it properly if you are really serious about your love and marriage thereon. 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Complain to local police station that your girl friend is being held against her will by her parents 

 

also complain to national commission of women against her parents 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Dear Sir,

As per muslim personal laws:

A marriage proposal should be made by or on behalf of one of the parties to the marriage, and the proposal should be accepted by or on behalf of the other party.

Both the proposal and the approval must be made at the same time.

The parties must be competent.

 

If you suspect that your girlfriend is being confined home by her parents or relatives, you can either take up the missing person issue with the police or file a habeus corpus petition before the court.

Her parents or family do not have the right to stop her from seeing you as long as she is an adult.

 

Thank You

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

1. Her refusing to stay in touch with you is not considered as cheating as per India law.

 

2. She is an adult and so long there was no pressure on you when she was teaching you about Islam but as soon as you got converted, she refused to stay in touch with you, which you are attributing on pressure of her family on her to mix with you. It is up to her to ward off the pressure or succumb to the pressure (if at all there is a pressure on her from her family members).

 

3. You have taken intelligent decision to register the flat in your name. At least  the flat stays with you.

 

4. How can you marry her if she does not want to? However, wait for some time and when the pressure on her is reduced, ask her whether she wants to marry you or not. If not then forget the chapter. She is within her rights to refuse to marry you even after your conversion.

Krishna Kishore Ganguly
Advocate, Kolkata
27738 Answers
726 Consultations

In your case has two parts

  1. Marriage with a Muslim women
  2. Flat and future living with that girl

Marriage :

A marriage is a legally recognized union of a man and a woman, which thereto raises rights and obligations between them. Under the Special Marriage Act, you and your spouse could have married without changing your religion. Registration of marriage is a mode of proof of marriage. On adducing the registration certificate of marriage, it may be presumed by the law that marriage is deemed to have taken place.

If your girlfriend has been detained by her parents, you can apply to the High Court for her release from the shackles. When a person is of legal age of majority, it is against the law to hold against their will. They can also be prosecuted for illegally restraining her. So file a Writ of Habeas Corpus .

A police complaint can be filed against her parents for illegal detention against her wishes. The fact of love and willingness to marry each other should be emphasised and the apprehensions of danger  to her life to be insisted on in the complaint. In the event that the local police are not cooperative, the higher official may intervene and direct the local police to retrieve the girl from illegal custody.

Flat :

Registering the flat already in your name will help you in the future. 

Please understand that marriage is a sacred union of two individuals. Conversion of religion of a non-Muslim without any real change of belief in Islam and only for the purpose of marriage is void.

Ajay N S
Advocate, Ernakulam
4126 Answers
114 Consultations

1. You can file a cheating complaint but it will not work strongly on the basis of sour love affair except any monetary fraud is done. If you need any further assistance then you can approach me through LinkedIn.

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

- There may be possibility that she is facing trouble from her family due to current conversion dictates of leaders in India.  

- You can ask her via email or other online sources for the real reasons for the same . 

- Further, you can lodge a compliant before the police after narrating that being the adult you have liberty to marry , and none having right to interference, and request for protection to her . 

- If nor response , then approach the higher official for the same. 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

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