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Second marriage without divorce in muslim

Page no : 2

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

your second marriage w/o divorce from first wife would make you liable for bigamy.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

nawaz (HR)     01 December 2012

 

I have few Questions please clarify
As per Muslim Personal Law
1.      When 498 A case is pending he/she eligible for second marriage?
2.      He is eligible for second marriage being a Government Servant?
3.      As Per Muslim Law with out First Wife Consent, He may eligible for Second Marriage?
4.      At present what legal action is correct against him?

sweety (doveloper)     27 February 2013

Hi,

     My name is Mehboob, am mulslim(Shaik) and I married a muslim girl last year.If I want to marry another girl, is it necessary to get acceptance from my first wife?I know that muslims can marry upto 4 marriages without divorse but I dont know that do I need her acceptance or not..Please suggest.

Msk-need -nuetral- laws (self)     27 February 2013

Sweety, Yes, you need consent from your first wife even under shariat law. Thats what the posts say.

Advocate Ravinder (Advocate/Attorney)     10 March 2013

Yes, You are correct. what iftikar ahmed told is wrong.  As the marraige was performed under special marraige Act, first he has to get divorce from the court under the above said act.  If he marries either muslim or hindu or any community bigamy  he will be effected by bigamy.

Advocate Ravinder (Advocate/Attorney)     10 March 2013

Yes, You are correct. what iftikar ahmed told is wrong.  As the marraige was performed under special marraige Act, first he has to get divorce from the court under the above said act.  If he marries either muslim or hindu or any community bigamy  he will be effected by bigamy.

Advocate Ravinder (Advocate/Attorney)     10 March 2013

 

No.1—When 498-A is pending he can take divorce from his wife by giving talak without the consent of wife.  But whereas wife is concerned she has to obtain divorce under muslim Act by giving reasons to divorce. 

 

No.2:-- Govt servant is not material.  Whether he may be govt servant or business man or any other profession, law is equal to all persons and all professions.

 

No.3—Yes, as per muslim law, first wife consent is not necessary. No bigamy will be effected.

 

No.4—He has to take divorce by talak and then can peform second marriage.

Advocate Ravinder (Advocate/Attorney)     10 March 2013

Mr. Mehboob, as both of muslim, your marriage is performed under muslim shariat Act. According to the act, when husband wants to divorce, the wife’s consent is not necessary. You have to get talak. The only thing is that the husband has to return the meher to the wife. After getting talak, you can marry second wife.

 

No.1—When 498-A is pending he can take divorce from his wife by giving talak without the consent of wife.  But whereas wife is concerned she has to obtain divorce under muslim Act by giving reasons to divorce. 

 

No.2:-- Govt servant is not material.  Whether he may be govt servant or business man or any other profession, law is equal to all persons and all professions.

 

No.3—Yes, as per muslim law, first wife consent is not necessary. No bigamy will be effected.

 

No.4—He has to take divorce by talak and then can peform second marriage.


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