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shahid   07 June 2018

Query regarding registering 2nd marriage

I have 498 and dv case pending in court. and i am muslim.
Its being 2.5 years since the case has been running, and wife is continously missing the court dates.
we tried for out of court settlement, but process failed as the wife party was demanding huge amount which was not acceptable to us.
I dont want to waste my time further and wanted to remarry without waiting for dv/498 and divorce cases to finish. i will have to do it via nikahnama via local moulvi.
I wanted to know what problem can i face if i marry without divorcing the first wife.
I got to know that my second marriage cannot be registered in absense of divorce decree or NOC from first wife.
Since both divorce decree or NOC seems to impossible to get in my case, what would be the alternative way to registerd the same.
My first marriage has not been court registered yet, and if i don't declare about the existing marrage to registrar, will there be a problem. will it amount to committing cheating/420 or perjury for not disclosing the fact or hiding information.
Some one suggested me to do court marriage directly as they will not be asking about previous marriage. is it true.



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 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 June 2018

it is an offence and punishable under section 494 IPC. It is legally also wrong. ... In no way one can remarry without divorce of his first wife.

Adv. Aditya (Litigator GROSON ADVISORS)     07 June 2018

if you are registered under Special Marriage Act, then some complications may arise. Apart from that, under mohamadden law, it is permissible to marry upto four wives, correct me if i am wrong. 

Assuming you are not registered under Special Marriage Act, Section 494 does not apply to your case, because of religion (defence). 

also, a Qazi can issue you the ceritifcate of marriage, called nikahnama.

and you do not need permission or consent from your first wife.


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