Could winning divorce case in family court allow 2nd marriage.
Atish
(Querist) 13 March 2014
This query is : Resolved
Hello and Thank you all for always guiding as per my queries.
The Petitioner Wife had filed a Petition under the Muslim Marriage Dissolution Act, 1939 in the Family Court. The Petitioner wife lost the case in the Family Court on many grounds the main being Adultery and vexatious pleadings.
The Petitioner wife within 90 days went for appeal to the High Court where the matter is just in the beginning stages since just 4 to 5 months.
The Petitioner wife had not been residing with the Respondent Husband since the filing of the divorce and had left the matrimonial house without knowledge of the husband. Now it is up to the Respondent Husband to grant divorce which at present he is denying as there are other vexatious and false cases filed for properties and monies pending in the District Courts. This has been going on for the last nearly 5 years since the filing of the divorce petition.
Being a Muslim is it a possibility that the Respondent Husband could at this stage remarry without giving divorce to the Petitioner wife or informing her or the Courts and would it be legal.
Regards from a lonely Husband.
ajay sethi
(Expert) 13 March 2014
Muslim law permits husband to have 4 wives . he can remarry although wife has filed appeal against order passed by Family court
Rajendra K Goyal
(Expert) 13 March 2014
Agree with the expert, Muslim can have 4 wives.
T. Kalaiselvan, Advocate
(Expert) 14 March 2014
There is no bar in a Muslim man marrying another woman (upto four at a time)during the pendency of the divorce case/appeal on it or even without any case pending in this regard as per Muslim Personal law. The central law for bigamy will not attract to this.
Atish
(Querist) 15 March 2014
I thank and respect all my well wishers for answering my query. Obliged.
Regards
Atish
ajay sethi
(Expert) 15 March 2014
thanks for your appreciation
prabhakar singh
(Expert) 15 March 2014
Well no body can dispute right of a Muslim to marry 04 at a time,and in case he marries 5th,it is treated just an irregularity and not an illegality and can be cured and regularized by just giving TALAQ to any of 05.
BUT WHY ARE YOU NOT INTENDING TO GIVE HER TALAQ?
REVENGEFUL?
Atish
(Querist) 16 March 2014
Respected Advocate Prabhakar Singh,
Firstly I thank you for your reply to my query.
Sir, I am not doing it revengefully. I would keenly give the lady a divorce at the earliest which I am really eager about. The only issue is that parallely they had filed many other false and vexatious cases in regards with grabbing our properties and monies. I would first like to finish with those and then the first thing would be a Divorce.
Thanks and Regards
Atish
