Regarding the validity of 2nd marriage during the pendency of 1st marriage in mohamadan law?
Bapugouda
(Querist) 29 August 2014
This query is : Resolved
Respected sir/madam
Please find solutions to the following questions.
“A” and “B” are muslims by birth , both them married ,lived as a husband and wife for one year , mean while husband “A” went to America , after promising that he will get his wife “B” too America after settling over their . After some months the father of “A” has sent registered post and paper publication to wife ”B” that his son has given TALAK to her by internet.
This wife “B” challenged this issuance of TALAK by filing Original suit in Family court as TALAK was not communicated her by her husband “A” any time.
During the pendency of the original suit “A” husband came to India and not appeared before family court but married another woman “C” and went back to America.
Then wife ”B” filed original suit before same family court praying to declare the second marriage of “A” husband with “C” is void or irregular till pending disposal of first original suit and “B” wife obtained stay for travelling of second wife “C” as a wife of “A” to consume the marriage till disposal of first suit.
Please note and reply
* Whether suit in such nature is maintainable?
* What are the ingredients of second marriage?
*Whether TI is to be continued?
*What will be the fate of first of wife if suit is not maintainable? And second wife “C” joined “A” in America?
Please answer with authority if possible.
ajay sethi
(Expert) 30 August 2014
since both husband and wife are muslims husband can have second marriage even during subsitence of earlier marriage .
Rajendra K Goyal
(Expert) 30 August 2014
Muslim Husband can do second marriage during the subsistence of first marriage.
Biswanath Roy
(Expert) 01 September 2014
According to Muslim Personal Law second marriage during the subsistence of first marriage is valid but 'TALAQ' through internet is invalid.
T. Kalaiselvan, Advocate
(Expert) 03 September 2014
Talak pronounced in any manner by a Muslim male to his wife is held to be valid and considered to be a proper divorce and even when the first marriage subsists, a muslim male can marry another muslim female, there is illegality in it and cannot be held as null and void. This query appears to be an academic query.
