Legal Question in Family Law in India
Change of Religion for sake of validity of marriage from Hindu to Islam
A proposal from a matrimonial site brought me in contact with a person who was about to get his divorce which eventually was withdrawn by his wife (Hindu Marriage act). The person was not ready to accept her back as they were already living separate for about 6 yrs then. They don�t have any issue. We kept in touch and gradually the relationship strengthened though ours has been a long distance relationship. He has been abroad for last 9 yrs or so. Me in India.
There r many complications in his marriage & it won�t be easy for him to seek divorce & may tk v.long time. Under such circumstance, either V go in for a live-in-relationship or find some other alternative.
My query is that is there a possibility that if V both change religion from Hindu to Islam, will our marriage be considered valid? What will b the procedure & how long it would take? Also what would be my status, my legal and financial rights incase any problem arises later in life. Will there be need to change our credentials in our passports & other official documents like bank records etc? I am single and unmarried & will have to go abroad & settle incase we r able to get married. V both r middle aged
If this way is legally possible we would be happy to get in touch
4 Answers from Attorneys
Re: Change of Religion for sake of validity of marriage from Hindu to Islam
(1) Change of religion is no solution;
(2) your marriage with this gentleman, having a spouse living, shall not be legal;
(3) you may enter into a living relationship; your status shall be that of a mistress;
(4) depending upon the laws governing the place of residence, you may enter into a 'pre-naputal' agreement stipulating your rights in his property and also his financial responhsibilities/liabilities towards you (a) if you are turned out of house/relationship discontinued for any reason; and (b) on his death,.
You are welcome for any further advice/ opinion in this regard and may show me the draft agreement.
No charges.
Re: Change of Religion for sake of validity of marriage from Hindu to Islam
For your kind knowledge that even second marriage is not permissible in muslim law,however,it is a chapter of general misconception of the public that in muslim law four marriages are permissible.There are specific grounds and conditions which are stipulated in muslim law for second marriage.so conversion is not the solution.If you opted for marriage then your status will be of mistress or cocubine and your marriage shall not be legal in any manner rather you will invite further trouble.
Re: Change of Religion for sake of validity of marriage from Hindu to Islam
For your kind knowledge that even second marriage is not permissible in muslim law,however,it is a chapter of general misconception of the public that in muslim law four marriages are permissible.There are specific grounds and conditions which are stipulated in muslim law for second marriage.so conversion is not the solution.If you opted for marriage then your status will be of mistress or cocubine and your marriage shall not be legal in any manner rather you will invite further trouble.
Re: Change of Religion for sake of validity of marriage from Hindu to Islam
For your kind knowledge that even second marriage is not permissible in muslim law,however,it is a chapter of general misconception of the public that in muslim law four marriages are permissible.There are specific grounds and conditions which are stipulated in muslim law for second marriage.so conversion is not the solution.If you opted for marriage then your status will be of mistress or cocubine and your marriage shall not be legal in any manner rather you will invite further trouble.