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Religion conversion to avoid divorce to do second marriage


28-Jan-2023 (In Divorce Law)

My sister is married for 11 years now. She wants divorce as her husband has many extra marital affairs and done many times domestic voilence against her and have even attempted to murder her. Last week FIR is registered for the same under sections 498a and 307. But still there is no proper action from police and he is roaming outside india and went to Nepal where his present girlfriend stays. He says he will convert to Muslim and remarry without giving divorce to my sister so that he doesn't have to share property to her. Please let me know can he do this..will the law allow this?

Answers (3)

Answer #1
886 votes
No he can not do the same
In case of Sarla Mudgal versus Union of India Supreme court held that no one can take advantage of conversion to protect bigamy.
lodge criminal case and do step in the same. if police failed to arrest him.
try to obtain attachement order against him
Advocate Ankit Jain

Adv. Ankit Jain

LawRato Agra | 25+ Answers
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Answer #2
844 votes
hi, there are so many supreme court rulings, a man cannot change his religion only for another marriage and if he do so than he will be guilty of bigamy which is punishable under IPC. Your sister has also an option to get maintenance from her husband and so many reliefs are provided in various laws.
Advocate Anis Ahmad

Adv. Anis Ahmad

LawRatoAgra | 25+ Answers
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Answer #3
524 votes
First of all, I would like to deal with your first query that is regarding conversion, the settled position of law is that no one can be allowed to bypass the law and if it is apparent that the conversion has been done with oblique motive, it has no value and any marital relationship having the first not nullified by a court having competent jurisdiction would be non existent in the eyes of law and further it will make the person liable for bigamy which is an offence in India. Second thing is that it is advisable to pursue the criminal case so as to bring him to book.
Advocate Piyush Shrivastava

Adv. Piyush Shrivastava

LawRatoLucknow | 100+ Answers
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