Legal Question in Family Law in India

divorce and remarriage

i am a hindu and married. i want to divorce my first wife but she is not ok with it. i want to get converted to muslim religion and marry a muslim girl. is it possible to get divorce from my first wife after my second marriage ? how legal is it to go for second marriage in this case? if i go for second marriage will my second wife face any problems? please advice.


Asked on 8/10/07, 1:45 pm

7 Answers from Attorneys

G. M. Gupta gmguptaandassociates

Re: divorce and remarriage

the only problem is that ur wife will not get the status of legally wedded wife. however all problems can be sorted out.

For further and detailed advice please consult personally with documents. Consultation charges will apply.

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Answered on 8/12/07, 3:23 am
Nandita Haldipur Haldipur Associates

Re: divorce and remarriage

your second marriage will be invalid your wife can proceed against you for that.

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Answered on 8/11/07, 12:21 am
Prabhat Shroff Shroff & Company

Re: divorce and remarriage

Even if the wife is not okay with it, you cvan still file the divorce application and get through within a period of between 18-24 months.

Conversion to muslim and then marrying, is looked down by the court nowadays, and may not be effective, since court knows the purpose of conversion and will nullify the marriage.

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Answered on 8/11/07, 1:15 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: divorce and remarriage

No. Second marriage will be illegal without getting divorce from first wife. the conversion in such a case is no help. your second wife will be in trouble with you. she will not get status of a "wife" without divorce from first wife; she can at best be a "mistress" or a "concubine" IRFRESPECTIVE of your changing religion.

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Answered on 8/11/07, 2:36 pm

Re: divorce and remarriage

It depends upon your first wife as to whether she ask for divorce or not.Your conversion does not effect her marital status though she will have a valid ground for getting divorce.second marriage shall be an invitation to trouble.

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Answered on 8/10/07, 2:03 pm
Homi Maratha N.N. Maratha & Co.-Advocates

Re: divorce and remarriage

well all i can say is that second marriage can be a big trouble for you

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Answered on 8/10/07, 2:34 pm
rajeshwar sharma rajeshwarnathsharma

Re: divorce and remarriage

After conversion from Hindu religion to muslim religion, you need not to take any divorce from you hindu wife. You hindu wife can not create any legal obstrucion except to file divorce case

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Answered on 8/12/07, 12:00 am


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