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Divorce from a Muslim woman in extra marital affair
09-Jan-2025 (In Divorce Law)
We are married from past 17 years and have 2 kids.
May husband married a Muslim woman 2 years back without my knowledge.He wants divorce from that muslim lady but she is not agreeing.what can be done?
He has no child with her .He didn't convert to islam just merely changed his name to get married.though all his id cards are still on his hindu name .
What steps can be done to get the divorce from the Muslim woman
If your husband and you were married when we did second marriage his second marriage would be void and the proceedings if any would be under the Special marriage act. It would be better to discuss on call regarding the correct set of facts and events.
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Adv. Divyank Dutt Dwivedi
Delhi | 25+ Answers
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Mam without giving divorce to the first wife second marriage cannot be done if the marriage has been solemnised the marriage is not a valid marriage. The marriage has to be declared void in the court or even if that second marriage was not a proper marriage according to the SPA or if the marriage was not properly performed it would also be an irregular marriage. You have plenty of grounds to get the marriage declared void.
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Adv. Karishma
Delhi | 50+ Answers
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if your husband was hindu at the time of second marriage then his second marriage is void in the eyes of law and there is no need of divorce but that muslim woman can prosecute your husband of rape on the pretext of marriage
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Adv. Vinay Redhu
Delhi | 200+ Answers
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Under Indian law, a second marriage during the subsistence of the first marriage is considered void under Section 494 of the Indian Penal Code (IPC), unless the person has legally converted to a religion permitting polygamy. Since your husband did not convert to Islam and merely changed his name to marry the second woman, this marriage is not valid under the Hindu Marriage Act, 1955.
Petition for Annulment of the Second Marriage: Your husband can approach the court to seek a declaration that the second marriage is null and void as per the Hindu Marriage Act.
Mutual Agreement with the Second Wife: If your husband wants to dissolve his relationship with the Muslim woman, he can try to settle the matter amicably by mutual consent or file for a separation, though the marriage itself is void.
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Adv. Rupal Dwivedi
Delhi | 50+ Answers
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