Information indian law & muslim law
tariq
(Querist) 18 February 2014
This query is : Resolved
I and my wife use to work together. She was elder to me. We had an affair later got married on 7th july 2010. We did not disclose about our marriage in our families and use to stay at our homes. Later i came to know that she was already married with a kid. This i came to know after a year in march 2011.
When i asked her clarification she started abusing me and arguing with me.
Later i got her birth certificate and ration card xeroxed which had all details of her daughter.
Immediately i consulted advocate and filled a case of nullify our marriage.
She never turned to court when ever there were dates.
All the dates given by family court she was absent.
Judge required more details as xerox of ration card was not valid and enough document.
As her daughter name was entered after she was 4 years.
When we went to court for registering our marriage. She submitted her birth certificate but the age written was wrong.
Second she was already married but written unmarried at the register application form.
I am muslim and she is parsi by birth.
Since 3 years and 7 months we have never been together.
Last time i met her in 2011 June. Till now i have never met her nor kept any contact.
I want to know does Indian Law will allow me to marry as well as from the Islamic Law?
The case was dismissed and hoping to go further again.
Will there be any problem if I marry someone now?
will there be any kind of criminal charges against me my family or the 1 whom i will marry?
As we never been as a husband wife under one roof. Does the marriage gets nullify naturally?
What caution should i take for my future?
Devajyoti Barman
(Expert) 19 February 2014
You can give her talalq through a registered Kazi and send the Mehr amount.
After that you can remarry.
You being a mUslim , even before giving her Talaq can remarry.
tariq
(Querist) 19 February 2014
We had not gone for nikah we had done registered marriage under the Special Marriage Act 1954 so there is no point of giving mehr.
I wanted to know since our marriage we both are staying separate does the marriage gets nullify by nature and by law. It has been more than 3 years we are not in any kind of contact am i entitled to remarry without any criminal offence.
Devajyoti Barman
(Expert) 19 February 2014
Well under this condition without getting decree of divorce of nullity, your marriage would not be dissolved.
You will have to apply for the suit.
There is no automatic dissolution or nullity.
T. Kalaiselvan, Advocate
(Expert) 20 February 2014
Your earlier case for nullity was dismissed as per your statement (?)Now a petition for dissolution of marriage on the grounds of desertion u/s 27(1)(b) may be filed for relief.
Now without divorce also, since you being Muslim, you can marry another girl as per the Mohamedan Law, it is legally valid.
prabhakar singh
(Expert) 20 February 2014
Earlier this very question was raised by your friend in SMS language and was replied by me in detail.
Once parties submit to an optional legislation,they are bound to follow it word by word.The Special Marriage Act FORBIDS BIGAMY should be every body knowledge.
Your parasi wife with a child and subsisting husband married you under SPECIAL MARRIAGE ACT for which you filed a petition of NULLITY but same was DISMISSED
by court for want evidence.
THIS DISMISSAL CONFIRMS YOU HAVE VALID SUBSISTING MARRIAGE AND THE SAME CAN NEVER
BE TREATED AUTOMATICALLY NULL AND VOID FOR ANY OF THE REASONS STATED BY YOU.
AND I SPEAK CATEGORICALLY AT BAR that EVEN BEING A MUSLIM YOU CAN not LEGALLY MARRY(NIKAH) ANY LADY UNLESS YOU SEEK AND GET A DECREE OF DIVORCE FROM YOUR PREVIOUS PARASI WIFE.
AND IT IS THE SAME ANSWER GIVEN TO YOUR FRIEND'S POST.
prabhakar singh
(Expert) 20 February 2014
Yesterday the APEX COURT pronounced a landmark judgement that anybody can adopt(even a Muslim)submitting him/her to law and procedure laid in JJ Act 2000 as amended by Act of 2006.
Can a Muslim who once submits to Jurisdiction of this Act and adopts a child later on plead adoption invalid on the ground that it is not permitted by his/her personal law.?????????
tariq
(Querist) 20 February 2014
@Mr.Kalaiselvan- The case was dismissed because i had given them xerox copy of her birth certificate and ration card which had her daughter details in it. They said xerox was not enough!!
During the time of marriage she had given her wrong information as" she was already married but filled in form as unmarried and written her age wrong". So no charges would be on her for giving false information about herself??
tariq
(Querist) 20 February 2014
@Mr. Prabhakar- Thank you for your revert back.
But just had a query that i have to go through divorce procedure with my first wife and if i marry some else i would be charged under BIGAMY.
Is there any alternate way of getting out from this marriage?
Nadeem Qureshi
(Expert) 21 February 2014
you have to file an appeal against the dismissal of your suit by ld. Court before appellate court and try to get some other evidence too.
you can file a criminal complaint under section 494 of IPC against her before criminal court too.
remarry is not good option for you yet.
you can file a compalint before marriage registrar against her for wrong declaration too.
feel free to call
tariq
(Querist) 23 February 2014
So can you please guide what measure do i have to take if i want to remarry??
T. Kalaiselvan, Advocate
(Expert) 24 February 2014
@Shri Prabhakar Singh: to your wonderful query which reads thus: Can a Muslim who once submits to Jurisdiction of this Act and adopts a child later on plead adoption invalid on the ground that it is not permitted by his/her personal law.?????????
Your question itself is having an answer n it that the Muslim adopts the child as per the JJ Act 2006 as amended act 2006, it means he is prudent enough to understand the law under which to decided to avail the benefit of adopting the child, but quoting his personal law as a reason in the later stage if he adopts to reject, his stand can be held invalid by branding him to play tricks or abuse of law.
He cannot be deemed to have approached with clean hands and can be dismissed on the grounds that he is trying to take shield citing the advantages of his personal law for his crooked ideas.
tariq
(Querist) 24 February 2014
Hi,
What is this regarding adoption of child?
This is not my query!!
ajay sethi
(Expert) 25 February 2014
you cant remarry unless you are divorced as rightly explained by prabhakarsinghji as your marriage was solemnised under special marriage act . you have to file for divorce on grounds of desertion
