Lawyer Requested for a Reverted Brother - India

[mahussain3]

My friend wrote:-

Asalaam Aalaikumu Brother....

As you know, being Hindu, since I am accepting Islam after practicing the same for ~ 6 months, I am planning to give divorce and might run into other legal issues that only Allah knows. I am clueless,
like what can go worng? Please help me and provide any input . My wife herself is a educated in Bachelor of law. She is in India and we were married > 1 yrs back.
Luckily we live seperately and she doesnt have a child too...
She and her father are giving serious warnings to me . May be I would end up paying lot of money in this. Besides I m wondering apart from that any other issue that her family may put me in.

I have applied for affidavit recently, and also Ration Card for myself with new name

I am actually not aware of the kind of cases that can be built against me by my wife if i divorce her..
If I get to know these things i will get prepared for the same inshaAllah.
I live in Maharashtra

I want to know what happenes if among Hindu couple, either husband or wife reverts to Islam, If that marriage still remains legal or void, as per Indian Law, not Islamic law.

Will that create much chaos ? How revert to Islam helps me to get rid of this female ? What they can go upto ? We dont have child till now. These are some queries I want to ask to any good lawyer.


Allah Hafiz.
Amjad

 

[a_brother]

:salam2:

best to talk to a lawyer first...

I googled "divorce in india" these are the results... he may want to read some online and check with a lawyer to be in a safe side...
http://www.google.com/search?q=divo...s=org.mozilla:en-US:official&client=firefox-a

Divorce in India

The Law

All major religions have their own laws which govern divorces within their own community, and separate regulations exist regarding divorce in interfaith marriages.

Hindus, including Buddhists, Sikhs and Jains, are governed by the Hindu Marriage Act, 1955; Christians by the Indian Divorce Act, 1869; Parsis by the Parsi Marriage and Divorce Act, 1936; and Muslims by the Dissolution of Muslim Marriages Act, 1939, which provides the grounds on which women can obtain a divorce, and the uncodified civil law. Civil marriages and inter-community marriages and divorces are governed by the Special Marriage Act, 1956 (Kapur and Cossman 101).

Other community specific legislation includes the Native Converts' Marriage Dissolution Act, 1866 that allows a Hindu to appeal for a divorce if a spouse converts to Christianity (Virdi 36-37).

http://www.english.emory.edu/Bahri/Divorce.html

:salam2:

 

[ShyHijabi]

Salaam,

So they are married but do not live in the same house nor have any children? Then what is the problem? I do not know how law works in India but in the US she wouldn't be able to really cause the make any damage, there is nothing to sue over. If you performed taliq then you are legally divorced in Islam but you will still have to divorce through the courts to be recognized as single by the state. (once again this is in US I ahve no idea about India)

Other than emotional shaming and getting yelled at by a bunch of people I don't see how any damage can be done here. I do feel bad for the female, I am sure she feels like this came out of no-where. I do know in Hinduism the male gets money from the bride's family, they may sue for that but if you are a good Muslim you would return it anyway.

Wasalaam

~Sarah

 

[concernedm]

AA Brother,
Dont be afraid of the 'lawyer/attorney' father-in-law or herself. First try to convince her (wife) to become muslimah to your best, cuz marriage is a sacred institution. If all such efforts fail, you must get a legal divorce immediately via a court. Goto a court, and apply for such (divorce), get the paperwork started immediately. You are rather in a better situation as compared to if you had kids, cuz then their well being would have been jeopardized and would have made the divorce more complicated.

In your case, it should be pretty straight forward. Your in-laws might be threatening you to come back to Hinduism, and stay with your wife, but reject all such notions and inneundos. Stay put, and appear in a FAMILY COURT immediately. You DONT need a lawyer with you, you can represent yourself to atleast get the processing going, so there is documented proof on your part that you wanted the divorce from day one (after you converted to Islam). Bottom, line, goto court, and dont be afraid at all.

May HE be with you at all times.

-Concernedm

 

[abu'muhammad]

My friend wrote:-

Asalaam Aalaikumu Brother....

As you know, being Hindu, since I am accepting Islam after practicing the same for ~ 6 months, I am planning to give divorce and might run into other legal issues that only Allah knows. I am clueless,
like what can go worng? Please help me and provide any input . My wife herself is a educated in Bachelor of law. She is in India and we were married > 1 yrs back.
Luckily we live seperately and she doesnt have a child too...
She and her father are giving serious warnings to me . May be I would end up paying lot of money in this. Besides I m wondering apart from that any other issue that her family may put me in.

I have applied for affidavit recently, and also Ration Card for myself with new name

I am actually not aware of the kind of cases that can be built against me by my wife if i divorce her..
If I get to know these things i will get prepared for the same inshaAllah.
I live in Maharashtra

I want to know what happenes if among Hindu couple, either husband or wife reverts to Islam, If that marriage still remains legal or void, as per Indian Law, not Islamic law.

Will that create much chaos ? How revert to Islam helps me to get rid of this female ? What they can go upto ? We dont have child till now. These are some queries I want to ask to any good lawyer.


Allah Hafiz.
Amjad

:salam2:

He wants divorce because he is practicing islam and now accepting Islam, so could it be possible that his wife might also accept islam, There will be khayr of akhirah for her and marraige too could be saved - if sole reason of divorce is brother's reversion to islam . ( my personal view)

another thing is according to law, the husband has to suffice his wife with onetime required money for her life or on monthly basis- as decided mutually or decided by court, if processions are in court for hindu family, and if they are married by HINDU MARRAIGE ACT.

No another issue could be put against the man by wife , and if placed it could be defended - inshaAllah. The court knows that the divorce itself is due to issues !

To remember, Islam does not permit divorce under solvable situations. So take the side in account.

Under revert situation, he could assit to Mufti saheb, Inshaallah they can tell the Islamic rulings more better - InshaAllah.


Oh Allah forgive me if anything wrong.