2nd marriage under special marriage act with a divorced muslim guy
Querist :
Anonymous
(Querist) 20 January 2011
This query is : Resolved
Hello,I am a hindu girl engaged to a muslim guy. The complication is he was married before with 2 kids(both daughters). His muslim marriage was held in india and only nikahnama was issued (marriage never registered anywhere in any country). His previous wife is a UK citizen and both his daughters are also UK citizen (both born in UK). He is indian citizen. They have been separate since 2008; his ex-wife has been in UK ever since with kids. His ex-wife refused to come back or send Khulanama and is ok to receive the talaqnama. She is aware that we want to marry & is ok with it. He divorced her on phone(more than 1yr back) as she never returned to india. Can you tell me what is the valid and legal divorce procedure for him? Is the talaqnama format legally sufficient? I will be marrying him under Special Marriage Act, so what all possible complications can be there that I can possibly resolve before getting married? What are the legal rights/duties wrt his kids as she wants to keep the kids with her, hope that is ok or is it that the kids will be needed legally to be back with him? Please help asap. Thanks in advance.
Khaleel Ahmed Mohammed
(Expert) 20 January 2011
The Muslim male can pronounce Talaq to his wife at any time and without any reason.Whenever he pronounced talaq either on phone or in person oral, the talaq effected verymuch, and the marriage tie between them breaked immediately.The custody of children born to them with mother as per islamic shariath,for male child she can keep till he attains the age of 7 years and female child , till she attains the puberty.The liablity of maintenace strictly laid on the shoulders of father only.
In reply to your query, regarding the muslim guy wanted to marry with you under special marriage act.No problem you can marry with him under the special marriage act,but if he married under special marriage act, he can not pronounce you talaq as per islamic shariath in his whole life,as he is no more Mohammadan. He have to bound the civil laws only.Further if a muslim man marries to idol worshiper, then he will not be muslim for ever.If a muslim man marries Kitabia,ie., jew ,chritian lady, then he remains with in Islam.The children born to such Kitabia woman to be treated as Muslims, but he marries idol worshiper , then the children will not be Muslims.
Querist :
Anonymous
(Querist) 20 January 2011
Isnt some legal proof of divorce from first marriage needed? Will the court recognise an oral "talaq" so that the second marriage under SMA can take place legally?
Khaleel Ahmed Mohammed
(Expert) 20 January 2011
The muslim guy should go to Qazi and state before him that he has pronounced the talaq to his wife.The Qazi will issue the Talaq Nama ie., Divorce Certificate, the same may be presented to the state waqf board, the waqf board will issue the certificate which is valid for GAD
Devajyoti Barman
(Expert) 20 January 2011
Yes oral talaq is very much valid and the triple talaq is given generally in oral form. Nowadays the law makes it mandatory to give such talaq in presence of 2 witnesses preferacly before a quazi and then get a Talaqnama from him. So if he has got such Talaqnama then that is sufficient proof for such divorce and more or less safe for marrying him. In any case second marriage in existence of the first marriage is valid for a Muslm man.
Querist :
Anonymous
(Querist) 21 January 2011
thanks a lot
Guest
(Expert) 21 January 2011
YOU MAY KINDLY NOTE THE LEGAL POSITION AS EXPLAINED BY EXPERTS.FURTHER I WILL CAUTION YOU THAT THE FIRST WIFE MAY CLAIM MAINTAINENCE FOR HER AND FOR HER CHILDREN UNDER CRIMINAL PROCEDURE CODE.
HENCE KINDLY TAKE IN TO ACCOUNT THE INCOME OF THE SAID PERSON AND WHETHER SUFFICIENT FOR MAINTAINENCE OF YOU AND YOUR FAMILY.
YOU MAY FURTHE NOTE THAT ALL YOUR LEGAL RIGHTS INCLUDING RIHT TO MAINTAINENCE ARE PROTECTED BY THE SPECIAL MARRIAGE ACT.
BUT BE CAREFUL A PERSON WHO IS DIVORCING FIRST WIFE WHO HAS TWO CHILDREN ,HE MAY LEAVE YOU AFTER SOME YEARS WHEN YOU ARE OLD AND WILL REMARRY ANOTHER LADY.YOU MAY THINK OF THIS BEFORE MARRYING SUCH PERSON.GOOD LUCK.
