Respected Sir, Madam, I'm a Divorced Christian woman aged 27 and I'm in relationship with a Muslim person who is married.

Situation : I'm ready to convert myself to Muslim. But my parents have house arrested me. Please help me. I'm in need of help.
Related Topics : Muslim Law
Lawyers answer this question

Advocate Justice Kishan Dutt Kalaskar

Bangalore 
For More Details Contact On +91 7769012300.
A:

Dear Madam,

Your one message to police is enough. Otherwise your proposed husband/muslim may approach the HC with Habeas Corpus for your release from unlawful custody.

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Dear friend,

 In Islam, monogamy is the general rule while polygamy is only an exception. The Prophet did not favour polygamy except in exceptional circumstances. According to the Muslim Marriage Law, a man can have up to 4 wives, but a woman can only have one husband at a time.

 

Muslims can legally have more than 1 wife provided that each such marriage is done according to Sharia, which is also known as Muslim Personal Law. Which mandates that husband should be Muslim and wife should either be a Muslim or Kitabia (refers to Christians as well) at the time of marriage.

Second marriage by a Muslim, who is entitled to four wives, is not an offence under section 494 of Indian Penal Code, 1860.

You go to the police station and convince them or take sufficient time to be present before them. Nothing wrong you have done. 

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Woman, 20, Free To Live With 'Underage' Husband, Rules Supreme Court

An adult couple can be in a live-in relationship even if the man isn't 21 years, the legal age for marriage, the Supreme Court has ruled, telling 20-year-old Thushara that she was free to decide who she wanted to live with.

The high court of Kerala had last year annulled her marriage and sent her back to her father on grounds that the Nandakumar wasn't 21 when they married in April last year.
 

The Supreme Court also said the high court couldn't have cancelled their marriage on its own under the marriage law, relying on the top court's verdict that allowed a 24-year-old young woman from Kerala, Hadiya, to go with her husband.

In this case, Thushara's father had accused Nandakumar of kidnapping his daughter and got an order from the high court to cancel her marriage with Nandakumar, pointing that he was only 20 years when he married his daughter. The high court had restored the women to her father.

But the Supreme Court ruled that it was sufficient to note that Thushara and Nandakumar were adults.

"Even if they were not competent to enter into wedlock (which position itself is disputed), they have right to live together even outside wedlock," a bench of Justices AK Sikri and Ashok Bhushan said.

The top court noted that the legislature had also recognised "live-in relationship" which has been covered under the Protection of Women from Domestic Violence Act 2005.

"It needs no special emphasis to state that attaining the age of majority in an individual's life has its own significance," the court ruled, elaborating that adults were entitled to make their choices.

 

 

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