Marriage law...!
Naveen Kanth Dasari
(Querist) 16 September 2014
This query is : Resolved
Hello,
I have a query regarding Muslim Marriages.
A man married a christian girl four years back and they are blessed with 2 children's and now after four years the same man got married to other girl (Don't exactly know whether she is Muslim or other religion). Now my question is:
1. Whether it is legal to get married without taking divorce or consent from his first wife, as the Muslim law permits for 4 marriages in the life time?
2. Can the first wife file for maintenance?
3. What precautionary measures can she take?
4. Any other relief plz suggest?
Thank You,
Naveen Kanth
Devajyoti Barman
(Expert) 16 September 2014
1. 2nd marriage perfectly legal.
2.Yes, always.
3. be specific.
4. She can adjust if she so wishes.
Naveen Kanth Dasari
(Querist) 16 September 2014
Precautionary measures means how can she protect herself, like if her husband is not ready to pay her maintenance? or can she file for divorce and ask for maintenance.
ajay sethi
(Expert) 16 September 2014
was first marriage registered under special marriage act ? if so husband cant remarry without divorcing first wife .
first wife would be entitled to maintenance
Devajyoti Barman
(Expert) 17 September 2014
Wife has no protective measure..only offensive measures like the one you are already advised.
Rajendra K Goyal
(Expert) 17 September 2014
She can claim / file case for maintenance. Whether first marriage was under Muslim customs or special marriage act.
If no adjustment possible she should ask for divorce.
R.K Nanda
(Expert) 17 September 2014
agree with experts.
P. Venu
(Expert) 17 September 2014
Under Muslim law the first marriage is only irregular, not void. Other questions arise only if there is incompatibility among the wives!
T. Kalaiselvan, Advocate
(Expert) 25 September 2014
The man whom you have referred here is a Muslim or other religion?, you are not sure if the second female married by the man is also a Muslim or not?, with total uncertainties, what type of reply do you expect the experts to render?, the experts here are not astrologers to know the fact until you come out with it. If a Muslim man married a Christian woman under Special Marriages Act and then he marries a Muslim woman under Muslim Law, both are valid. The first wife, if abandoned by her husband can claim maintenance u/s 125 Cr.p.c.
