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Legal » Matrimonial-laws » Hindu-marry-muslim-080522
 
Can Married Muslim Marry Hindu?

Siddhartha Shah Siddhartha Shah
A practicing advocate of Mumbai High Court. He specialises in Civil, Criminal, International and Matrimonial Laws. He opines on Indian Laws and the Legal System.

Muslim Marrying Hindu

Question Parvathy asks,
Without getting divorced from the first wife, can a Muslim man get married to a Hindu girl?
Answer Dear Parvathy,

No, a Muslim will have to take consent from his first wife before getting married or else one would require a formal court decree or an order of divorce only then one may have any further associations. As per the personal law, the first requirement is that both of them should belong to the same religion, and if they belong to different religions, then one of them will have to convert to the religion of the other to which the personal law applies and under which they desire to get married. Hope this should suffice your query in brief.

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Divorce Compliances

Question Raj asks,
I reside and work in California, USA. I married a girl in India in 2005 and she lived with me in US. She is also a working professional in US. Due to irreconcilable differences, we are living separately for the past 9 months in US. We met a counselor in US before separation but still things did not work. There is no communication from her or her family and they advised that she is not willing to talk or come back to compromise.
What is the waiting period before I can seek any professional / legal help for any further action? What would you possibly advise as a next step to do? I am from Mumbai, India and may visit in mid-May. I would like to seek some professional advice instead of talking to friends / family.
Answer Dear Raj,

You immediately need to consult an expert lawyer. He would be in a position to advise you on international laws and / or on Indian & U.S laws with legal implications. You ought to keep in mind that one has to systematically emphasize the ingredients for seeking appropriate legal compliances on its valid grounds as per appropriate personal law. You may consult an expert divorce lawyer for further appropriate compliances.

Rights Of Second Wife

Question Asha asks,
If a Hindu divorcee with an only son marries a Christian man who has three sons, what is her legal position with regards to his assets, after his death? Can the husband now claim the wife's assets too?
Answer Dear Asha,

Your husband will have certain rights to his wife assets if she has died intestate, but one will have to check and look into couple of things before concluding as how the demised woman has made arrangements and its appropriate allocation of her moveable and immoveable properties. Also one needs to check that is there any existing will or else any other family members claiming her properties. You need to consult a family lawyer who could advise further only after learning the right facts.

Legalities For Divorce

Question Jaineeta asks,
My brother (Indian but British Nationality) got married in India and brought his wife (Indian Nationality) back to the UK. So the marriage was registered in India but not in UK. His wife didn't want to settle in the UK, as she wanted my brother to divide and move from the family home. After 3 months of their marriage she left. Now she is back in India and wants a divorce and half his assets. According to Indian law where does my brother stand with a divorce in the UK?
Answer Dear Jaineeta,

You immediately need to consult an expert lawyer who would be in a position to advise you on international laws and / or on Indian and U.K laws with legal implications. You ought to keep in mind that one has to systematically emphasize the ingredients for seeking appropriate legal compliances at whichever forum by giving valid reasons. You may litigate regards unreasonable demands if necessary. You may consult an expert divorce lawyer for further appropriate compliances as regards your query.

Indian Law v/s Foreign Law

Question Pamela asks,
My son (US citizen) got married to an Indian citizen in India according to Hindu religion. But registered marriage was done in USA. If he files divorce in USA will it be valid for her to get married. We performed religious function in India. She is claiming money in India and asking to file for a divorce.
Answer Dear Pamela,

You immediately need to consult an expert lawyer who would be in a position to advise you on international laws and / or on Indian & U.S. laws with its legal implications. You ought to keep in mind that one has to systematically emphasize the ingredients for seeking appropriate legal compliances at whichever forum by giving valid reasons. You may litigate regards unreasonable demands if necessary. You may consult an expert divorce lawyer for further appropriate compliances.

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