Divorce due to second marriage

S V (Querist) 21 August 2014 This query is : Resolved
We are Muslim by religion. My sister had got married 9 years ago and has 3 children from this marriage. Very recently my brother-in-law went ahead and married again. My sister has returned back and do not wish to continue the relationship. My brother-in-law though insists that he will look after both his wives. My sister is not much educated and is really worried about the future of self and her 3 children. What are the legal options available for her ?? Thanks a lot in advance for the guidance.

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ROHIT SHARMA (Expert) 21 August 2014
1. As per the Muslim Personal Law such second marriage is lawful provided that the consent of the former wife is obtained and even if she does not consent then such two wives cannot share the same accommodation and the husband needs to maintain them separately.

2. Tactfully make him give an sworn and notarized affidavit to such effect that he will give a certain sum of money every month for the maintenance of the former wife and the children and the amount will be enhanced every year in certain agreed percentage.

ABDUL RAZIQUE (Expert) 21 August 2014
WELL ADVISED by Rohit sir. Nothing more to add except that former wife do not left his husband home it is foolish act. She has full right as earlier.

Shonee Kapoor (Expert) 21 August 2014
Rohit has advised correctly, however legal options also include right to divorce.

Regards,

Shonee Kapoor
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