Islamic 2nd marriage

Ali,

As per Muslim personal law, which is governing muslim people of the country, a Mussalman can marry four women and have them as his wives either together or separately.  In your case, you do not have to divorce your wife for marrying another woman and this second marriage will not attract the offences of bigamy as in the case of other religions, provided the second marriage is also  as per Muslim personal law.  Thus if there is no divorce, the question of maintenance amount does not arise, more over you said that your wife is earning around Rs. 20k per month, so she may not be eligible for maintenance amount.  For custody of your child, you may file a petition before the court under guardian and wards act.

1)According to islamic law  can i do 2nd marriage without giving her divorce and what will by my duty and obligation

Ans : You may consult fatwa-e-alamgiri.

2) Can i should be allowed to meet my son and what is the procedure?

Ans : Possible by mutual agreement or by court order

3)wife has change my son surname and give her surname is it allowed?

Ans : Per-se not socially permissible but no law against it.

4)Indian law view on 2nd marriage in islam ? is it legal

Ans : You may consult fatwa-e-alamgiri.

5?What maintenance should i have to give her ?(according to islamic law 3 month maintenance is allowed)

Ans : Mehar + maintenance during Iddat.

6) Can i get my son custody and how?

Ans :by court order.

7)If wife is not agreeing on divorce ,can i go ahead and do 2nd marriage and can i be allowed to meet my son?

Ans : You may consult fatwa-e-alamgiri for second marraige. You can be allowed to meet your son despite second marraige if court orders.

8)what action wife can take on my 2nd marriage ?

Ans : You She can lay (true/false) allegation of domestic violence and dowry demand.

9)How much maintenance  i have to give her ?

Ans : Depends upon your paying capacity.

thanks sudhir Kumar ,

                                       Thanks for the advice and clearing my doubts ,just a small clearance if my wife makes false allegations against me and my family what can i do in that case and how can i defend myself ,we never did anything wrong or never raise hand or torture her ,even   though her brother taken my money and not returning it back.still we have never force her to get the money,so if she makes false allegations how can we defend it

Hi Sudhir Kumar,

                             I Have spoken to one lawyer and he said if wife family is not ready to sit for divorce then in that case i have the right to send  her 1 sided talaqnama to her through court with the iddat amount for 3 month  as a pay order and then legally i will get the divorce from her is it true .and is this is valid .if this is valid it will be a big relief to me and later if she want any maintenance she can appeal in court ,she is working and her salary is around 20k so question of giving her maintenance dosent come. i am ready to give maintenance for my child what ever amount decided by the court of law and it will give me the right to meet my son and even in future i can claim for the custody my salary is 25k so how much amount do i need to give for my child support coz after 2nd marriage i have to take care of my family and even i have loans to pay i hardly save 5k after paying my debts. any info on it will be a big help.i have send her the khulanama they have agreed on all the point but have issue with the point that i should be allowed to meet my son and i will not be having any right on him form now onwards which i am not agreeing on.

thanks

shoeab

Ali,

Muslim law no where says that you have to divorce your first wife to marry another girl.  You may marry another girl while your first marriage subsists and it is not an offence as per Muslim law.  Well, if they have put the condition for Khulanama and it is not agreeable to you, you may reject the offer and go for Talak.  On pronouncing Talak, you may have to give he the mehr amount as well as maintenance amount for three months during the iddat period.  For your information I will give below that how a Talak is effected:  Talak is a kind of divorce in Mahomedan Law.  Talak may be either oral or in writing by a document called 'talaknama'.  The words to be uttered in a talak must be unambiguous and must indicate an intention to dissolve marriage. There are three kinds of Talak namely: a) Talak-ahsan, i.e., single pronouncement, b)Talak-hasan i.e,. consisting of three pronouncements, and c) Talak-ul-biddat, i.e., talak consisting of three pronouncements in one sentence or in three sentences made simultaneously or even a single pronouncement clearly indicating an intention to dissolve the marriage irrevocably.  The pronouncements are made during the 'tuhr' .e., the period between menstruations.  Talaknama or a talak in writing becomes irrevocable and takes effect immediately on its execution, unless a contrary intention is expressed.  according to Sunni law, a talak pronounced by the husband under compulsion or undue influence or in a condition of intoxication or to satisfy his father or even in jest is valid provided the words uttered are express.

Now the guardianship matter: In Mahomedan law, the father alone (and not even the mother) is the natural guardian of the child and in case of his death, his executor.  The mother is entitled to the custody of the male child until he has completed the age of 7 years and of her female child until she has attained puberty. Such right of custody is under the supervision of the father.  such right continues if she (the mother) is divorced by he husband but terminates on her remarriage.  Mother is not however the natural guardian of her children. Father alone is the natural guardian of the child.

Now regarding the dowry harassment, domestic violence, 125 cr.p.c. and 498a are central law in common, the wife can seek the help of law under the provisions of the above referred laws either for relief/remedy/solace or to wreak vengeance against the husband and his family members. It depends on her mentality and th people behind her who brain wash her for indulging into undesirable activities.

Bye, with regards, Advocate Kalaiselvan - Ph:+919443441062

thanks Kalaiselvan,

                                   i wanted to know is there a provision , if wife family or any of my relative dont want to be the part of the divorce procedure so i can pronounce talaq in front of them ,so in this case can i send the talaqnama from court which is 1 sided talaqnama with the mehr and iddat amount for 3 month ? is it possible. before going for 2nd marriage i have to divorce her ,the reason is if i do 2nd marriage without giving divorce to my wife her family members will come to my home and they will hit my family (there r from criminal background illiterate  people so i dont want this,they are shameless they can go to any extent so i am worried about my family ,so can i send the talaqnama from court and get free from this mess.

thanks

ali

Ali,

As adviced you through earlier thread, you can send the Talaknama or even inform her or her relatives that you have divorced her by pronouncing talak, your divorce will be confirmed.