second marriage without informing me
Mehak khan
(Querist) 12 January 2017
This query is : Resolved
M a Hindu girl married to a muslim boy being converted as muslim.My marriage is nt registered.we r together frm last 6 yrs having a daughter of 4 years.nw he got married to a muslim girl without my concern frm last 1 year.I was nt aware of it.As a proof he is mentioned my name in his passport as his wife name.but at the same time she is holding the passport with my husband's name.At the same time.me and my daughter also holding the passport with his name.is her (muslim girl) passport valid?And he has divorced me nw which is jst notary,not a legal court divorce.what is the legal action i can take on him?kindly suggest .m in a big mess.
adv.bharat @ PUNE
(Expert) 12 January 2017
During subsistence of the first Marriage if husband do another marriage he who shall be punished, which may extent to 7 years and with fine. Since he is adult cannot say that he has married mistakenly. Your friend has right to file Divorce Petition having ground of Bigamy. The second wife can file complaint of cheating and rape.
he second marriage is null and void as according to Hindu law one can't not marry until first wife is alive , divorced or hve entered in judicial separation .
3) As second marriage is null and void so until second wife is not in a position to prove in court she got into marriage by providing wrong information by the man she doesn't hve claim . If she was mislead and manipulated to enter into marriage then she can claim remedies under law
adv.bharat @ PUNE
(Expert) 12 January 2017
Will u appreciate this answer by giving like on my LCI profile?
Rajendra K Goyal
(Expert) 12 January 2017
After converting to Muslim and marrying through Muslim customs with a Muslim, the marriage would be valid / legal even though it is not registered.
As per personal Law, a Muslim husband can marry four times.
Talaque if under personal law (three Talaque) is legal. No court degree is mandatory.
Discuss in detail with local lawyer expert in Muslim Personal law.
Kumar Doab
(Expert) 12 January 2017
You have clarified that you have converted and marriage is not registered.
You are pointing that you had not consented to 2nd marriage.
If he is govt employment it can be problematic for him.
The counsel specializing in muslim personal laws ( your sect/subsect) can advise you the best.
You can ask for maintenance.
rajeev sharma
(Expert) 12 January 2017
Had you consulted a lawyer before marriage things would have been different. People of different religion should marry under special marriage act. Now you are a muslim and governed by muslim personal law where second marr is customary and talak may be given orally and no document is required. You have to face the consequences. All the documents you mentioned in quarry just show that you were his wife but that relation has been put to end by talaq. You may ask for maintenance for yourself and your daughter
