Second marriage through court(muslim category)
Ahamed Ali
(Querist) 29 October 2012
This query is : Resolved
Dear Members! I filed restitution but the respondent did not take any interest to join at its near two years.Though Islam permits polygamy since we live in India and we have a muslim personal law.But without intimation to court second marriage may be punishable as it is mentioned in The muslim family laws ordinance,1961 which is applicable in India and PAK.I request the experts what would be the correct procedure to go for second marriage through court.What are the prerequisites to go for the second marriage as per the Indian law and muslim personal law.May be the first wife claims for maintenance if i go for second marriage without intimation." I would also request the experts to mail the applicationformat for second marriage.Here it mentions the ARBITRATION COUNCIL The muslim family laws ordinance,1961 CAN ANYBODY CLARIFY THIS
iS THER A CHANCE to get the maintenance if i go for second marriage through a proper channel?"
ajay sethi
(Expert) 29 October 2012
you cna marry again without divorcing first wife . however your first wife casn file for divorce if marriage has taken place without her consent and she can claim maintenance from you
ajay sethi
(Expert) 29 October 2012
The Holy Qur'an in Chapter 4
Verse 3 (Al Nisa'a - meaning "woman") teaches as follows:
"If ye fear that ye shall not be able to deal
justly with the orphans marry women of your
choice, two, or three or four; but if ye fear that ye
shall not be able to deal justly with them, then
Mat. Appeal No.94/2007 9
only one or that your right hands possess. That
will be more suitable to prevent you from doing
injustice."
The permission to take more than one wife is made conditional, that is , he
should be able to deal justly with all the wives. The prophet has permitted
polygamy and has limited it to four. But it has been further ordained to
deal with them justly in matters of food, dress, residence and cohabitation
without discrimination, irrespective of whether one is rich or poor, high or
low. It is not permissible for a man to marry more than one woman if he
apprehends that he will be dealing with them unjustly or that he will be
failing in respecting their rights. If he is able to fulfill his duties to three
but not able to fulfill his duty towards the fourth, then the fourth marriage
is prohibited for him. If he is able to fulfill his duties to two but not able
to fulfill his duty towards the third, then the third marriage is prohibited
for him. Likewise, if he is able to fulfill his duties to one but not able to
fulfill his duty towards the second, then the second marriage is prohibited
for him. This is what the Quranic verse establishes: "Marry two or
three or four women of your choice. If you fear that you will not be
able to do justice to them, then marry only one. Otherwise you accept
those who are brought under your control as captives of war." What
has been commanded by God is external and possible equality in dealings
