2nd marriage in mulism

John (Querist) 25 February 2013 This query is : Resolved
Behalf of my friend
He is muslim by caste/religon he performed marriage with muslim girl under special marriage act 1954 in 2001 and also performed nikah in year 2002 through Qazi, after that girl launched 498A case against him in year 2002 matter got settled before JMFC in year 2003 after that again fight happen between them and he lauched complain in family court for to meet dougther in year 2004 matter got resloved during consuling session.
After that fighting is continues in between them one or another way, after that he performed second marriage with another muslim girl (nikah)
My question here is 2 nd marriage valid ?

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ajay sethi (Expert) 25 February 2013
your first marriage must be governed as per law laid down in special marriage act.
According to this act you can not remarry untill you have been divovced by your first wife.
So far as your second marriage is concerned, it is a void marriage at all and you r under criminal liability of offence bigamy , if your first wife takes action against you.

John (Querist) 25 February 2013
But sir by birth he is muslim and as per his religion he can marry 4 time,
why special act is applied on that ?
he can marry in any way ... just doubt

prabhakar singh (Expert) 25 February 2013
May be he is Muslim by birth but he opted on his own to marry under Special Marriage Act,then his marriage would be governed by the Act and not by Muslim personal Law and as under the Act he married Bigamy is prohibited,he can not marry any second third or fourth without divorce.

prabhakar singh (Expert) 25 February 2013
But Mr.John!

right since yesterday you are posing different kind of problems.yesterday Between spouses a Hindu wife converted to Muslim,then status of marriage was asked today you have an other problem?

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