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can a hindu man convert to islam for second marriage ?


03-Jun-2024 (In Family Law)
If a Hindu husband converts to Islam and married a Muslim woman without seeking prior permission from his first wife in front of a kazi and witnesses without any signatures on any document.What is validity of this marraige? what happens to a marriage if one spouse converts to islam ?
Answers (3)

Answer #1
332 votes

Yup, a Hindu can convert to Islam in India for marriage, but here's the catch it has to be a real, voluntary conversion, not just a quick legal hack. Usually, the process involves reciting the Shahada (which is the Islamic declaration of faith), getting a formal conversion certificate, and sometimes publishing a notice in the government Gazette to make it official. Once converted, the couple can either marry under Muslim personal law or go for a civil marriage under the Special Marriage Act. It's not just a formality genuine belief and consent are key.

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Advocate Chikirsha Mohanty

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Answer #2
881 votes
The second marriage will be invalid. The Supreme Court, in the landmark case of Sarla Mudgal v Union of India, has expressly held that conversion to Islam only for the sake of solemnizing a second marriage without dissolution of the first valid Hindu marriage will not invalidate the first marriage. In fact, the second marriage will be invalid. The Court further observed that the second marriage of an apostate-husband married under the Hindu Marriage Act would be in violation of the rules of equity, justice and good conscience, as also those of natural justice. “Assuming that a Hindu husband has a right to embrace Islam as his religion, he has no right under the Act to marry again without getting his marriage under the Act dissolved. The second marriage after conversion to Islam would, thus, be in violation of the rules of natural justice and as such would be void.”
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Advocate Mishika Singh

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Answer #3
832 votes
If a person converts to other religion for seconfd marriage, then this marriage is not valid, the the spouse of that person can file complaint against him for the offence of bigamy and she/he can also file divorce on the ground of conversion of religion.
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Advocate Prachi Goel

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