Neha will have to first divorce her husband then remarry 

mere conversion to Islam would not legalise her marriage to Muslim friend 

She can file for divorce on grounds of mental cruelty 

seek interim maintenance and alimony from husband 

contact a local lawyer 

Your friend has to file for divorce on the grounds of mental cruelty and prove her case. Unless she gets a final divorce, she cannot legally marry again. 

She can convert to Islam but can't marry if she is already married. She needs a divorce is is already married. If you need any further assistance, you can approach me through kaanoon or LinkedIn. Consultation charges applicable. Thanks. 

- As per law , Neha cannot marry to another person without getting divorce from Arun Kumar , even after converting to Islam.

- She can take consent for mutual divorce from her husband which can be granted within a short period of time.

- Further, if he denied , then she can file a divorce petition against him on the ground of cruelty and fade relation 

- Further , for pressure on him she can also claim maintenance and residential right from her husband. 

1. She shall have to obtain the decree of divorce first.

2. Thereafter she can get converted and marry her Muslim Fiancee.

1. Husband is no body to give divorce or refuse it.

2. The Court will issue decree of divorce after conducting the trial.

3. She shall have to file a divorce suit on the ground acceptable by Indian law for which her husband will get the chance to put forth his version of the matter.

4. The Court will hear both the parties before deciding on the matter.

5. She might not stay with her husband and even might go for staying with her Muslim Fiancee without marrying him till she gets the decree of divorce. The act of Adultery  has now been decriminalised by the Supreme Court of India.

Dear client, 

As per your follow up question, you can claim divorce on the ground of mental cruelty.. 

Thank you. 

Whether she is getting converted to Islam or not,  in order to get remarried to another person she has to first get her subsisting marriage dissolved by a decree of divorce through court of law. 

Hence let she insist on mutual consent divorce from her husband or file a contested divorce on the grounds of cruelty and after getting divorce from court she can think about moving on as per her desire. 

If her husband is not agreeing for mutual consent divorce then she may file a contested divorce case on the grounds of cruelty. 

she will have to file a divorce petition. the divorce will be governed by the Hindu Marriage Act since both the parties are Hindus. Even if she converts to Islam, the divorce will continue to be governed by the HMA only. 

only after divorce is granted can she remarry after being converted to Islam

s.13 of HMA enlists the grounds on which a divorce can be granted:

HINDU MARRIAGE ACT, 1955 Section 13 - Divorce

(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-

1[(i) has, after the solemnization of the marriage, had voluntary sexual inter-course with any person other than his or her spouse; or

(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or

(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or]

(ii) has ceased to be a Hindu by conversion to another religion; or

2[(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

Explanation.-In this clause,-

(a) the expression "mental disorder" means mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and includes schizophrenia;

(b) the expression "psychopathic disorder" means a persistent disorder or disability of mind (whether or not including sub-normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment; or]

12[***]

Dear Querist

She should file a divorce case against him before the Family Court of the area where she resides or before the Family Court where both of them reside together or where the marriage was solemnized, based on cruelty under section 13(1)(ia) of The Hindu Marriage Act-1955.

without divorce, if she marries some other person then she will commit an offence of bigamy which is punishable under section 494 of IPC

Converting the religion is not a ground to invalidate the marriage. It is a ground of divorce but does not invalidate the marriage, in your friend's case even she has no right to file the divorce case against her husband based on conversion as your friend is going to convert and not him.

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