Second marriage authentication
Querist :
Anonymous
(Querist) 25 April 2018
This query is : Resolved
Hi, One of my friend has recently married a Muslim guy under a special marriage act, who is already earlier married as per muslim shariah. However first wife left him 9 months ago, without giving divorce and was not ready to come even after being called. So he did second marriage. But now, when his first wife got to know about this she has filed 498a and a DV against him. My friend's only concern is will her marriage be considered legal or the first marriage will override the second and a criminal proceedings would be set on her and her husband. Please reply.
Vijay Raj Mahajan
(Expert) 25 April 2018
Your friend as committed bigamy by marrying under the Special Marriage Act during the lifetime of first wife. Even if he was Muslim man he couldn't marry under the Special Marriage Act with existing first marriage. Marriage Officer made big mistake by marrying him. This man is liable for the offence of bigamy under section 494, 495 IPC and can face prosecution and get punished upto 7 years imprisionment and fine.
Kumar Doab
(Expert) 25 April 2018
GO thru the forms submitted to O/o Registering Authority.
What was the marital status mentioned in the forms!
Check in the copies available with the said husband.
Is he a govt servant?
What is narrated in his service rules?
Kumar Doab
(Expert) 25 April 2018
The details are otherwise available at website of concerned office e.g;
http://delhi.gov.in/wps/wcm/connect/DoIT/delhi+govt/community/marriage+certificate+and+registration
http://delhi.gov.in/wps/wcm/connect/doit/Delhi+Govt/Community/Marriage+Certificate+and+Registration#2
http://delhi.gov.in/wps/wcm/connect/DoIT/delhi+govt/marriage+certificate+and+registration/relevant+form
Kumar Doab
(Expert) 25 April 2018
Pls post with your ID and you can get many replies.
Your ID does not mean your email id or phone number and don’t post these also.
Querist :
Anonymous
(Querist) 25 April 2018
He is not a govt servant. He has also performed nikah for his second marriage and holds a nikahnama
Querist :
Anonymous
(Querist) 25 April 2018
He is not a govt servant. He has also performed nikah for his second marriage and holds a nikahnama. Also his first marriage was nt registered under special marriage act. He has mentioned the status unmarried in his form.
Querist :
Anonymous
(Querist) 25 April 2018
Thnks adv kamakshi
Querist :
Anonymous
(Querist) 25 April 2018
Mr. Vijay raj mahajan i guess.. I need to re articulate my query to u.. As i sense thrz certain communication gap.
1. My friend is hindu, its her first marriage under special marriage act.
2. Her husband is muslim, its his second marriage, first marriage nt regd under special marriage act, but second is solemnized & regd under special marriage act. His first marriage was as per shariah n was never registered under special marriage act.
3. Can police call my friend, whoz married to this muslim guy for inspection n drag her family in this as his first wife has filed 498a, dv.. Against the guy.
4. The guy is on anticipatory bail and police ha been directed to file a chargesheet by court.
Guest
(Expert) 25 April 2018
No Anticipatory Bail would be issued by Courts unless and until the concerned Police confirms to the Court that a complaint or case is Pending with them..Whether the Marriage is registered or Not they were husband and wife and with out a legal divorce both of them can not get remarried which is illegal.
Kumar Doab
(Expert) 25 April 2018
For the second Lady (Hindu woman); The man has mentioned his status as unmarried..
Hope she was not aware of 1st marriage.
Querist :
Anonymous
(Querist) 25 April 2018
Second lady was fully aware abt the entire scenerio
Querist :
Anonymous
(Querist) 25 April 2018
Second lady was fully aware abt the entire scenerio
Ms.Usha Kapoor
(Expert) 26 April 2018
I agree with Vijay Raj Mahajan. Both 2nd wife as she is in the know of things according to Muslim bridegroom and his second wife and both are guilty under ss/494 and 495 IPC for bigamy.and can get prosecuted and punished up to 7 years imprisonment and fine or both.
Vijay Raj Mahajan
(Expert) 26 April 2018
Your friend married a Muslim man who had a living wife. The first marriage of the Muslim man was valid Muslim marriage according to Shariat.
His second marriage is unlawful and null and void under the Special Marriage Act and at the same time he is liable for criminal prosecution for bigamy under section 494, 495 IPC.
His first wife filed complaint against him only under section 498a IPC she can add section 494 IPC for bigamy. The name of second wife can be added as co-accused for offence of bigamy.
The second wife can always file complaint against the Muslim man for cheating and bigamy under section 420, 495 IPC as he went through second marriage during his existing first marriage under the Special Marriage Act.
Dr J C Vashista
(Expert) 27 April 2018
If you are seeking obligation from experts FREE OF COST you will have to disclose your identity as per rules of this platform.
No reply for an anonymous author.
Kumar Doab
(Expert) 27 April 2018
The forms submitted and record of marriage under Special Marriage Act is in public domain...and cannot be erased...
The 2nd Lady was aware of subsisting 1st marriage..as posted by you..
The 1st lady may as well be aware..
The 1st lady is estranged...
Undoubtedly you have a situation and may have another situation to handle..
Kumar Doab
(Expert) 27 April 2018
Pls don't post as AQ and you can get many replies..
Ms.Usha Kapoor
(Expert) 22 June 2018
I stick to my viewaswell as Mr.vijay Raj Mahajan.
