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PALVINDER SINGH MAAN (AP)     26 September 2017

Advise on marrige

Well, I want to take advise on following matter.

We are looking for a match for our nephew (who is a legal divorcee), as we come across a suitble match for him but some legal opnion is required as the possible match had married to a Muslim boy earlier and later the Girl refused to settle with the boy and came to his parents home. The Man filed suit against her (documents attached), which are dismissed by courts.

Kindly  suggest wether it is legaly right to proceed with this match or there will be legal bindings on us if we proceed to marrige. 

Thank You.




 9 Replies

Vijay Raj Mahajan (Advocate)     26 September 2017

This lady according to you got married to a Muslim man and the various documents you have attached here are of the Injunction petition for remarrying filed by the man that was dismissed as withdrawn, an appeal filled against the dismissal of Injunction petition, that too was dismissed and Writ of Hebeas Corpus petition filed by the man in Punjab & Haryana High Court that was dismissed as withdrawn.

There is no document to show the actual marriage which took place between both of them. He being a Muslim and the lady not being a Muslim can only marry either according to Muslim form of marriage if she converted to Muslim religion before their Muslim Marriage or Nikah, even in that case the record of Nikah is available to check and confirm, this can be checked with the Quazi who registered their Nikah if that happened. The other valid form of marriage is by the civil form under the Special Marriage Act,1954 by the Marriage Officer/Registerar of Marriages of the District where either of them or both of them resides. The fact of this form of marriage can be checked from the officer of the Marriage Officer/Registrar of Marriages. Unless you check both these places to confirm that the lady never got married to the Muslim man don't venture out marrying her with incomplete documents she has given you.

1 Like

PALVINDER SINGH MAAN (AP)     26 September 2017

Thanks you very much for your reply Sir.

The family of lady admit that the boy get the lady married him in presence of Quazi which the parents of girl never accecpted , later the girl too came to parents home.

Will in this case, the lady should get divorce first and the can be allowed to remarry again or we can proceed it.  


Vijay Raj Mahajan (Advocate)     26 September 2017

Yes, if the Muslim marriage/Nikah is valid than it has to be dissolved. The validity of this has to be checked first. If the Muslim marriage/Nikah is valid between both parties the lady has to get it dissolved first.

The Lady can file the divorce petition under the Dissolution of Muslim Marriages Act, 1939 and get decree of divorce before she can legally remarry again.

Kumar Doab (FIN)     26 September 2017

CC No; 49/2015; the order in decree sheet is not attached by you.

Has the marriage been dissolved by decree of divorce?


PALVINDER SINGH MAAN (AP)     27 September 2017

Well, there is no evidence that girls previous marrige has been dissolved by any court or even we donot have any proof of the validity of the marrige.

@Vijay Raj Mahajan Sir, Can you please tell what does it refer by the Injunction petition for remarrying filed by the man actually mean, weather it suggest that courst does not validated their marrige or someting else.

We are in delima weather to proceed with this case or not !    


Vijay Raj Mahajan (Advocate)     27 September 2017

Injunction petition was dismissed by the civil court with the order dismissed as withdrawn, it means the petitioner/husband had withdrawn the petition without getting it prosecuted on merits. If the civil court decided the injunction petition on merits it would have come to some conclusion about validity of the marriage in question, but in this case this did not take place. In such case one cannot confirm about validity of the Muslim marriage between both parties just on the basis of these few documents given by the lady's side. Look , this legal issue where if you get the marriage done with the lady of someone's else wife, the man doing so can face charges of adultery under section 497 IPC, for which he can get jail sentence up to 5 years. You are asking too many question here from me, I'm a senior lawyer with 34 years legal practise and not providing free consultancy like this. You can get my paid services if you so desire. My email

PALVINDER SINGH MAAN (AP)     27 September 2017

I am very much thankful to you Sir for your valuable time and advise. Sorry to bother you a lot. 

Kumar Doab (FIN)     27 September 2017

CC No; 49/2015; the order in decree sheet is not attached by you.

Go thru the page attached by you carefully.

There should be more pages.


Kumar Doab (FIN)     27 September 2017

Did they marry under Special Marriage Act?

Check the decree of divorce from court.

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