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498 A Fighter (Manager)     20 September 2011

Can a muslim man get married while facing 498a?

A muslim man,43 ,(Diabetic,Hyper tensive) has

1)given talaaq in writing and paid her 'meher' amount also.

2)The exwife filed 498 A (trial not yet started .still in FIR stage)etc and also applied for divorce in civil court.The case is on for 6 months only.

Is he allowed to go for a second marriage at this time,citing medical reasons (need diet food and care) ?


 9 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     20 September 2011

Marrying just for the care of medical health is not a good ground for re-marrying. It is better to wait for the result of ongoing divorce petition.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     20 September 2011

You can go for second marriage.




Shonee Kapoor

1 Like


Sorry. You cannot opt for the second marriage during the pendency of divorce proceedings filed against you by your wife. 

If you can send more details to my e.mail ID , I shall be in a position to advice you properly in your case.


Suggest you to not go for second marriage, If divorce case is pending against you.

Till the time, You hire a nurse or care-taker. Hope you understand.



Abhinatre Gupt.

Avnish Kaur (Consultant)     21 September 2011

498a is a divorce case? please explain how?


YES u can remarry if divorce is complete.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     22 September 2011

You can marry even if your divorce is not complete, it would only give one additional ground to your wife for apend to her divorce petition 




Shonee Kapoor

1 Like

Shahidkhan (self)     12 December 2014

Res sir,

i have given my wife divorse mutually on 1.1.2014 than she left metrimoniel home from that time and also i have given divorse by noterised evidence on august 2014, i have sent it by registered AD,,,but She cant received it and return by post department reson mantioning that unawailibility of her,,,

she has filed false 498a against me on 31.10.2014, first hearing After chargesheet is on 16.12.2014, and DV Filed on 27.11.2014 first hearing on 17.12.2014,

i am going to remarry within one month, is there any problem to remarry by me?

Shahidkhan (self)     17 February 2015

i married in january 2015 and today i have received a notice by police station regarding my remarrage,


now i am going to prove that i have given her 3 time talaq at my home 1.1.14 one year ago mutualy and then in aug2014 also noterised one sided talaq send her 3 time by registered post AD but she not accecpted it and she has filled case 498a,406,323 against me on oct2014,

now i have receievd a Sariya (as per muslim law)certificate from Darul ulum also confirming my divorce from my first wife,

please guide  me is going everything is right or any sugession,,,,please your welcome.....

LAXMINARAYAN - Sr Advocate. ( solve problems in criminal cases.     17 February 2015

Your talaq can be questioned in court . Your spouse can claim it was not legal even under MUSLIM laws.


Contest the other cases on merit and you can come out of them.

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