Conversion of religion for second marriage
15-Jul-2023 (In Divorce Law)
Hi I was married from past 5 year and has one daughter as well. My wife mentally torch me due to which i want a divorce from her and want to start new life many time politely i told her to sign a paper mutually in return she filed a case on me and send a notice that i am pressurize her for divorce. Now i want to know below point please clarify on the ground of law. 1. Whether it is illegal to ask a wife for mutual divorce as she send a notice to me and said that i will go to women cell if i continues to ask divorce. 2. Whether it is possible i can convert into muslim currently hindu and do other marriage in future without getting divorced from my first wife.
1. Asking for divorce by mutual consent however the manner in which it is being asked is important. You can send legal notice through a lawyer proposing for it and offering whatever permanent alimony and maintenance as financial compensation for this agreement and settlement of other issues in dispute like custody of children if any etc.
2. Going for conversion to Muslim religion for remarriage to another woman during the existing Hindu marriage will not be safe for you. Based on the principle laid down by the Supreme Court you can be charged for bigamy under section 494 IPC and if found guilty may face imprisonment that may extend to 7 years and fine. Your Hindu marriage rains intact and Muslim marriage will be declared null and void for all purposes.
2. Going for conversion to Muslim religion for remarriage to another woman during the existing Hindu marriage will not be safe for you. Based on the principle laid down by the Supreme Court you can be charged for bigamy under section 494 IPC and if found guilty may face imprisonment that may extend to 7 years and fine. Your Hindu marriage rains intact and Muslim marriage will be declared null and void for all purposes.
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