Legal Question in Family Law in India

Message ID: 397417272- wanting divorce and remarriage - Submitted: 9/22/2003

The issues you have referred to in your queries will be governed by the Hindu Marriage Act, 1955. The fact that you have converted to Muslim after your marriage or after moving the petition for divorce won�t make any difference. In a decided case AIR 1983 Delhi 351 (354): Rajdhani LR 372, it was held, the Hindu Marriage Act, 1955 applies also to a person who was a Hindu at the time of marriage though he subsequently ceased to be a Hindu at the time when a petition under the Act is filed by or against him.

Answers to your queries are as follows

Query No.1

No, you cannot.

In Sarla Mudgal (Smt), President, Kalyani And Others, Petitioners V. Union Of India And Others, Respondents. It was held, The second marriage of a Hindu husband after conversion to Islam, without having his first marriage dissolved under law, would be invalid. The second marriage would be void in terms of the provisions of s. 494 IPC and the apostate-husband would be guilty of the offence u/s. 494 IPC. The said marriage is void by reasons of its taking place during the life of the first wife. The modern Hindu law strictly enforces monogamy. A marriage performed under the Act cannot be dissolved except on the grounds available u/s. 13 of the Act.

Query No.2

Since your wife does not want to convert to Muslim, you are left with the option of getting the divorce only on the grounds available u/s. 13 of the Act.

Query No.3

No, The decision of a Dubai Court will not operate in India in this case.

The proper Court for moving a petition under the Act is the district court where the marriage was solemnized or where respondent last resided at the time of presentation of petition or where the parties to the marriage last resided together. Thus if Bangalore Court satisfies these criteria then that will be proper court. So far as jurisdiction of Dubai Court in this case is concerned, in Y. Narasimha Rao And Others, V. Y. Venkata Lakshmi And Another, it was held, The decree dissolving the marriage passed by the Foreign Court is without jurisdiction according to the Act as neither the marriage was celebrated nor the parties last resided together nor the respondent resided within the jurisdiction of that Court. Therefore decree granted by Dubai Court wont have any effect in India in violation of Indian family laws.

Note : We understand your case is still pending with the Bangalore Court. If you let us know the present status of your case then we will be able to give you further advice.

Disclaimer

Actual resolution of legal issues depends upon many factors, including variations of fact and applicable laws. This information is not intended to provide legal advice on specific subjects, but rather to provide general insight of legalities involved upon the query raised. The reader should always consult with legal counsel before taking action on matters covered by herein.