can i marry again
anil Kumar
(Querist) 26 April 2013
This query is : Resolved
Gud afternoon
Iam ameer.iam muslim married a Christian girl.by nikha muslim marriage .but daily we quarrel each other.last month she went to her parents and she didnt come to my home.it was very horrible living wd her.she is telling she cannot live wd me and she expressed that she will torture me.
but she is not ready to give divorce.
so as a muslim can i marry a muslim girl wd out her consent.can it be legally valid.
ameer India
ajay sethi
(Expert) 26 April 2013
since your marriage has not been registered under special marriage act you need not divorce your first wife to marry again . however you should be in a position to maintain both wives .
Nadeem Qureshi
(Expert) 26 April 2013
Consent of first wife is not mandatory as per Islamic Law, if you think that you are able to maintain then go ahead
anil Kumar
(Querist) 26 April 2013
is she having right to proceed legally for further things like my property and assets to give her partly or fully ?
anil Kumar
(Querist) 26 April 2013
is she having right to proceed legally for further things like my property and assets to give her partly or fully ?
anil Kumar
(Querist) 26 April 2013
is she having right to proceed legally for further things like my property and assets to give her partly or fully ?
ajay sethi
(Expert) 26 April 2013
yes since she is your lawfully wedded wife you are bound to maintain her . she can claim maintenance , right to stay in shared household or alternative accommodation from you
anil Kumar
(Querist) 26 April 2013
Dear ajay
Thanku for ur Valuable response
no the thing did she have the right to surrender my property to her or by cash demand.
anil Kumar
(Querist) 26 April 2013
one more question if i give divorce to her how much amount should be given as maintainenc and she has a 6months baby .
for example my salary is 10k how much mc should i pay her.
ajay sethi
(Expert) 26 April 2013
you have a young child of 6 months . try for reconciliation . since you are hardly earning rs 10,000 a month if you divorce your first wife you may have to pay around Rs 5,000 as maintenance for your wife and child , how will you afford second marriage ?
ajay sethi
(Expert) 26 April 2013
I forgot to ask is your wife working? what are her qualifications
Adv k . mahesh
(Expert) 26 April 2013
she expressed that she will torture me
your query also states that she will means now women has a powerful weapon to harass husband so be prepared what every step you take to face that weapon
anil Kumar
(Querist) 26 April 2013
she is educated and she is working in a hospital.
ajay sethi
(Expert) 26 April 2013
if she is working in hospital she wont get maintenance . however you have to pay for maintenance of your 6 month old baby
anil Kumar
(Querist) 26 April 2013
Thanku ajay for prompt reply .
Dr V. Nageswara Rao
(Expert) 27 April 2013
1. You say you were married by Nikha. Was she converted to Islam?
2. If she was not converted,your marrige will not be recognised under Muslim Law.You can marry again.
3. If she was converted, it is better you pronounce talaq thrice and divorce her and pay the agreed mehr to her.
3. Of course, you have to maintain your kid.
4.Under Muslim law and under S. 127 Cr PC, if you pay the agreed mehr to your wife, you need not maintain her.
prabhakar singh
(Expert) 27 April 2013
You are a muslim.
She is a christian.
Marriage was solemnized by NIKAH
You both are KITABIYAH.
A muslim male can contact a valid marriage not only with a muslim lady but also with any kitabiyah such as JEWESS OR A CHRISTIAN.But question of marriage with Budhist ,though were in abdool razack vs.
aga mohomed but privy council left it undecided.
He can even marry idolatress or fire worshipper and this marriage would be not void(batil)but only irregular(fasid).Fasid is what can be cured.
For talaq you can follow your own personal law3.
Dr V. Nageswara Rao
(Expert) 27 April 2013
1. Mr Singh is right. The earlier opinion was that a Muslim man can marry ahle kitab or follower of a book i.e., a Cristian or Jew. But over a period of time doubts have been expressed whether the kitabi has to be converted to Islam before marriage.This sounds like contradiction in terms but that is how it is.A Shia man can marry ahle kitab in muta form and not in regular form.
2. Most of the modern clerics seem to discourage such a marriage.May be beacuse of the recent animosity between the faiths.
3. In any case, a Muslim woman is not permitted to marry a kitabi.
4. In the present case, assuming that the marriage is valid, he can pronounce talaq three times and divorce the Christian wife.
Dr V. Nageswara Rao
(Expert) 27 April 2013
1. A Hindu cannot marry a non-Hindu under Hindu Marriage Act. But such a marriage can be gone through under Spl Marriage Act.
2. If a Muslim man can validly marry a non-Muslim Kitabiah in regular form, where is the need to get it done under Spl Marriage Act?
3. It seems the kids born out of marriage between a Muslim and a non-Muslim ahle kitab women, are not treated as Muslims but only as ahele kitab.
anil Kumar
(Querist) 28 April 2013
Thank u all for ur valuable suggestions....
R.K Nanda
(Expert) 28 April 2013
no more to add.
R.K Nanda
(Expert) 28 April 2013
moreover, ur welcome.
