Legal Question in Family Law in India

converting into islamic and getting mrried again

I am seperated from my wife for lst 1 yr i have 5yr kid which is with me she does not want to give me divorce? I want to know can i convert into islam and get married would that be legal and will i be able to have my kid with me and my second wife?


Asked on 1/02/09, 2:27 pm

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: converting into islamic and getting mrried again

You may not be eligible to re-marry without first getting divorced from your first wife; the conversion is no solution and may amount to fraud upon statute in terms of a Supreme Court judgement;

If you remarry without divorce and by converting into Islam, you may be guilty of bigamy and fraud and may suffer criminal prosecution.

You may seek custody of your child by filing appropriate application in the court.

You may better consider an amicable out of court settlement with your wife to avoid unnecessary litigation, costs and delays.

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Answered on 1/02/09, 5:47 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: converting into islamic and getting mrried again

This wont be the solution as you would be in trouble and may face the charges of fraud as your second marriage decision would be too risky.

I would advise you to consult a local lawyer and file appropriate case in the family court as divorce is inevitable for you.

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Answered on 1/03/09, 12:51 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

Re: converting into islamic and getting mrried again

in case u were married as per hindu law, u need to obtain divorce as per hindu law only then u can marry someone under some other law or religion. even ur conversion cannot save u from the offence of bigamy.

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Answered on 1/03/09, 3:39 am


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