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Tarannum Khan (Techie)     21 August 2012

2nd marriage by husband : dv

Hi ALL,

I have filled 498a and DV on my husband and he send Talaqnama.

I had rejected his talaqnama, cases are running. My husband has done second marriage secretly.

Husband will be crossed in DV shortly.

My lawyer says he will focus on 2nd marriage so that he accept that he has done second marriage.

Will this strategy work...any advantage...what if he deny his 2nd marriage...how to proove then.

Expert opinion please



Learning

 6 Replies

Adv Archana Deshmukh (Practicing Advocate)     21 August 2012

Second marriage done by a muslim man during the subsistance of his first marriage i.e. without divorcing his first wife is not illegal, it is perfectly valid.

1 Like

(Guest)

Endorse the view of Archana ji.

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     21 August 2012

1. Marrying the second time is not an offence for a Muslim in India.

2. However having said that, it does amount to incalculable cruelty and torment to the first wife, which would be helpful in the DV Act  case. Hence your advocate's strategy is correct. 

2 Like

stanley (Freedom)     21 August 2012

Mrs Khan What exactly do you want ?? .You filed DV and what are the reliefs you have asked for .Has the court granted you these reliefs ?? Okay so your lawyer has suggested that it would be try to make out a case of biagmy .Please tell your lawyer that a muslim man can marry without divorcing his first wife ..

Tarannum Khan (Techie)     21 August 2012

Thanks all

@Bharat Sir,

But what if he deny regarding 2nd marriage in cross examination.

How we will be able to proove.

I was also told that when my husband has send a talaqnama i am no more his wife and it does not comes under perview of cruelty also....

Please clarefy how i can claim his 2nd marriage as cruelty under DV act.

Is it possible to any thing else.

keen to see ur response.

Sudhir Kumar, Advocate (Advocate)     26 August 2012

I will advise you to see fatwa-e-alamgiri.  I am sorry I have not read it but it may help you as I heard it deals with second marriage.


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