Divorce and property matter
One of my relative is a muslim man who has a wife and three children.now this muslim man married to a hindu woman in January 2015. Till date they don't have any child from second marriage. now this hindu woman who is second wife is torturing the muslim husband to transfer all his properties in name of second wife. she is also threatening that if he does not transfer he will face bad consequences. what is the best legal way to solve this problem and now this man also wants to separate from his second wife because he has life threat.please suggest legal process and if possible give ur contact number so that we can talk on fone.
Asked in Civil Law from Patna, Bihar
1) how was second marriage solemnised ?
2) did second wife convert into Islam ?
3) refuse to transfer property in name of second wife
4) if second wife files false 498A case obtain AB from sessions court
5) husband can divorce his wife as per Muslim personal law if second wife converted into Islam
Clarify whether the second wife converted to Muslim beofre the marriage with your relative.
If not then such marriage is invalid and she does not have any right accruing from this marriage.
In either case the husband is not bound to transfer the properties to his wife if the husband is not willing to do so.
If marriage is valid then the husband can give her triple talaq to get rid of his second wife.
Feel free to contact.
The man can divorce his wife according to Special Marriage Act as I presume that the Hindu woman did not convert to Islam before marriage. He is the one who has to muster courage to reject the demands of his second wife.
1. Under what Act, did your muslim relative married her Hindu wife? Was it under Special Marriage Act?
2. Did his second Hindu wife got converted to Islam before her marriage to your Muslim friend? If not then the second marriage of your friend is void at law.
3. Ask your friend to audio/video record all such threats of his wife and then lodge a police complaint against his wife for blackmailing him with the said threat to grab his properties.
4. If he has married to her as per Sharia by converting her to Islam, he he can pronounce talaq thrice and send her the talaqnama duly endorsed by a Quazi.
The marriage under any act other than Muslim personal law with that Hindu woman by your relative is null and void since this person's previous marriage is subsisting and the spouse is living.
Therefore she has no claim whatsoever against her so called husband since her marriage is not legally valid.
Also even if her marriage is recognised, she is not eligible or entitled claim any share in his property by any means.
So let she pose any type of threat or torture him for property, she cannot legally claim anything from him during his lifetime.
All her claims can be properly challenged when it comes before court of law.