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MOHAMMAD ANISH   28 February 2018

Can a Muslim man do 2nd marriage without divorcing 1st wife.

I am a central Govt.Employee and a muslim and married in islamic way. I want to do 2nd marriage without divorcing my 1st wife .since my 1st wife due to some medical issues can't conceive. We don't have any child and we completed 5 years of marriage. I want to do 2nd marriage for child only.Pls suggest what laws will be applicable to me or whether it is illegal.


 17 Replies

Vijay Raj Mahajan (Advocate)     28 February 2018

As a Muslim you can marry second Muslim woman during first existing marriage provided you had married first Muslim wife according to Muslim form of marriage. The information about the second marriage should be shared with both your first wife as well with your department to avoid any trouble at both front, home as well office.

MOHAMMAD ANISH   28 February 2018

is there any provision that since I am a govt.employee than I will be terminated if I do a 2nd marriage with a Muslim girl without divorcing 1st wife.

Vijay Raj Mahajan (Advocate)     28 February 2018

No you will not be terminated from job for second marriage.

R.Ramachandran (Advocate)     28 February 2018

Muslims cannot marry twice if service rules prohibit it.

In Khursheed Ahmad Khan v. State of UP (2015) 8 SCC 439, Khursheed Ahmad Khan was employed in the Government of Uttar Pradesh. During the existence of first marriage with Sabina Begum, he married Anjum Begum. He was dismissed from service for violating Conduct Rules.

When he appealed against his dismissal, the Supreme Court held that  what was protected under Article 25 of the Constitution was the religious faith and not a practice which may run counter to public order, health or morality. Polygamy was not integral part of religion and monogamy was a reform within the power of the State under Article 25 of the Constitution.  The Appeal of Khursheed Ahmad Khan against his dismissal from service was rejected, and dismissal from service was upheld.

 

1 Like

TGK REDDI   28 February 2018

This thread has enlightened me.

R.K Nanda (Advocate)     28 February 2018

you can't marry twice if ur service rules prohibit it.

MOHAMMAD ANISH   01 March 2018

what are the options left for me to do second marriage without divorcing 1st wife. That can save my job also.

Sudhir Kumar, Advocate (Advocate)     03 March 2018

Sorry. 

 

I hold different views.

 

As a govt servant you are liable for disciplinary action which can result in dismissal from service if you commti second marriage (even without complaint from first wife) even if the second marraig eis permisstted inIslam.

Sudhir Kumar, Advocate (Advocate)     03 March 2018

Originally posted by : MOHAMMAD ANISH
what are the options left for me to do second marriage without divorcing 1st wife. That can save my job also.

No you may  have to find another job.

Sudhir Kumar, Advocate (Advocate)     03 March 2018

Further.

 

biagamy is violation of one of the provisins of CCS(Conduct) Rules, like many opather misconducts but  biagamy is also :-

 

  1. Voilation of the condition of elgibility in the recruitment rulesfor the post you hold.
  2. Violation of the conditions stated in offer of apppointment.
  3. Violation of the undetaking you gave while joining service when youreported first time for duty.

TGK REDDI   03 March 2018

autohide4u

My hearty namaste to you.

How outstanding your Reply is!       Such a Reply is rarely expected from men and women.     A woman only has the courage to post such a Reply.

Yours faithfully

TGK REDDI

Sudhir Kumar, Advocate (Advocate)     04 March 2018

You are advised live in relation.

 

You have also told that you are govt servant and govt servant is required to maitain good condcuct even in private life.  SO such action can land you in disciplinary case.

TGK REDDI   04 March 2018

autohide4u

Wonderful.      Wonderful.      Wonderful.

Sudhir Kumar, Advocate (Advocate)     04 March 2018

one should read conduct rules applicable to govt servant and then advise a govt servant to have a live in relation.


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