Legal Question in Family Law in India

if I merry with a person who has not get divorce and not living with his wife from last 5 yrs. and if I merry him according to Muslim religion then. pls tell me the solution if his wife will not ready to give him a divorce and also not ready to live with him then what will we do. is there anyway to get merry with him.


Asked on 3/09/13, 6:12 am

3 Answers from Attorneys
Sunil Goel S.G. SOLICITORS

As per indian law, it is an offence for a person to marry another woman during existence of marriage. Only after divorce, a man or woman can marry seperately.

However, in muslims, more than one marriage is possible even without divorce. divorce is easy in muslims.

Infact, in practice, where one partner is not ready to give divorce, then the person wanting divorce changes his religion to muslim and then marry another person in accordance with muslim law.

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Answered on 3/09/13, 6:21 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

If you both are muslims than you can marry the person even if he is not divorced. However in case of any other religion it amounts to null & void marriage in eyes of law and the person marrying without divorce can be booked for offence of Bigamy and Adultery under Indian Penal Code.

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Answered on 3/10/13, 3:28 am


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