Fraud marriage of marriedman
riza khan
(Querist) 06 July 2012
This query is : Resolved
i m a muslim girl. i met a muslimmen on marriage website, and after same inquiry, I got married with him. Afterwards. I came to know his first wife and his children. I was really shock, that he cheated on me. Before marriage he told that he was single. i want to give that men punishment of my Fraud hasband what i can do??? pls help me......give suggestion to me.what benifit i will get , what will be the result of this case. And how long it will take be complete?
.....our local lawyer had adviced of doing case with u/s 417 for fraud marriage case or rape case. i had my 1st marriage with him, he did second with me." we need your help
Shonee Kapoor
(Expert) 06 July 2012
Rape charges are not applicable in your instant case, as the marriage was performed as per Islamic Laws and the husband would get away by saying that you were aware of his first marriage.
The consent of first wife is needed for second marriage in Islam. It is always presumed that the second wife by due diligence would have known about first marriage.
However you have the right to get divorce on this ground.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 06 July 2012
Islamic law ensures that consent for Nikah should not be obtained on false and wrong grounds. If either of the spouse give their consent on misunderstanding or fraud thenn such Nikah is not tenable and such marriage is liable to be set aside on the initiation of the affected party. You can go to Shria Adalat or to Family Court seeking a decree of divorce on that ground. You may also file a criminal case under section 420 IPC at the same time.
riza khan
(Querist) 09 July 2012
thank u raj sir or shoonee sir for reply me
sir apse ek sawal he.
kya koi bhi muslim ladka esi fraud sadi kar sakta he us dusri ladki ke liye koi rights nahi he????
Sudhir Kumar, Advocate
(Expert) 15 September 2012
Islam allows four marriages. But it does not allow the 2nd 3rd and 4th wife to be kept in dark about earlier marriages.
If the consent of marriage is obtained without disclosing full facts then it meets the parameters of section 415.
riza khan
(Querist) 20 September 2012
thank u sir for your reply
kya me mere Fraud case me(mere husband per)court Narco Test, Polygraphic Test, Brain Mapping Test,ki permission de sakti he???
Sudhir Kumar, Advocate
(Expert) 11 December 2012
de bhee sakti hai
Polygraph ki shayad de sakti ho shayad zaroorat nahi hopgee
