|Originally posted by : Brisk
||Dear Legal Advisors,
I am seeking an expert answer from you people:
My question is, under Muslims Shariat (Muslim Personnal Law) there is a condition that if the wife doesnt return to her matrimonial within the 40 days, dispite her husband asks her to rejoin the matrimonial home. she denies to rejoin. In this case the husband has a right to get married again without giving any notice/divorce to her first wife.
In the above scenario the wife has denied to rejoin the matrimonial home while she has demanded to fulfill her paternal family's financial requirements through the husband. Also, while the husband has to take care of her family's daily expenses for no reason.
In this situation if the husband can prove the grounds and ask for second marriage permission from the court, then under which section of IPC should be apply, while the restitution of conjugal rights case is pending for the last three years. (the respodent, wife is also not appearing in the court for the last 2 years.)
Kindly provide me with your expert guidance for the section where the muslim husband can ask the court for second marriage without divorcing the first wife and get an approval for second marriage in Conjugal Rights case.
When you are not able to provide bread and butter to her parents. You are planning to bring in wife no. 2?
Does not make sense at all.
you can bring 3 more, provided if you are able to maintain all 4 of them.
with one wife itself you have problem in maintenance.
However there is no rule that during pendency of RCR petition or divorce petition one cannot marry among muslims. Muslims can marry 4 times, during existence of 1st wife. But you cant marry 5th time. You can dispose off one via valid talaq. Talaq rituals to be strictly followed. Or else talaq will become invalid.
In your case as wife has approached court of law with RCR. You can ask for speedy trial of RCR case. Get the orders from court. Then wait for 2 years and then apply for divorce. Court will grant you divorce as you both are not sleeping with each other which is you don’t have s*xual relationships.
But you cannot marry again as cases are pending. You can always go for mutual divorce. Matter will be closed in single day. Then you can remarry. Next time don’t let wife go to court or you approach court with RCR asking wife to come back. Simply marry whoever you want and bring new wife. Let wife go for appeal which will not stand.