Sk Rajjak Hossain 10 August 2019

Query on 2nd Marriage of Wife without Divorce

Dear Sir
Am a Muslim man, my marriage has been done as per Muslim law. my wife has been lodged so many false cases against me and my family. most of the cases has dismissed, I have got order in my favor.
Now I learn that she has doing adultary and ready for 2nd marraige. A video of their activities has been published by Human rights where complaint has been registered by wife of another weeded man whom my wife is ready for marrying.
If she complete her 2nd marriage without divorce from my side, is it legal??
Should I take any legal steps on both of them.
kindly guide me

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6 Replies

Shashi Dhara 10 August 2019

It is illegal.withot marriying u cannot take steps against her but u can file case against her for divorce on adultery or talak her .

SHIRISH PAWAR, 7738990900 (Advocate) 10 August 2019

File divorce as your wife is committing adultery.

Sk Rajjak Hossain 10 August 2019

thank you for your update. need one more thing please guide as
Divorce filling is the safe and secure option for me.
if I can't file divorce she can file divorce as per Muslim personal law??
pls help

Sk Rajjak Hossain 10 August 2019

thank you for your update. need one more thing please guide as
Divorce filling is the safe and secure option for me.
if I can't file divorce she can file divorce as per Muslim personal law??
pls help

Samarpan (M)99958670740 (Free legal advice and legal aid cell) 10 August 2019

You are a Muslim man and you can divorce your marriage through muslim personal law. So, you have to give divorce notice to your wife and approach a Quazi and after failure of mediation by him, you can pronounce first "talaq" before the witnesses and after iddat period you can pronounce second "talaq" before the witnesses and after iddat period, you pronounce third "talaq". You will be divorced as per muslim law and quazi give a certificate of talaqnama to you. You send that copy of talaqnama to your wife by post and if she refuses to accept it, you can approach family court to prove talaqnama. It is different to instant triple talaq, new law passed by the Government.

Isaac Gabriel (Advocate) 25 August 2019

In view of the circumstanes explained, you can get ex-party order on your divorce application. Neverthless, the opinion of Expert Samarpan seems to be more relevant.