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isha (student)     24 November 2014

Validity of 2nd marriage of an indian muslim with foreigner

What is the validity of second marriage of an Indian Muslim with a foreigner when his first marriage was under Muslim Marriage Act only ? 



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 8 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 November 2014

Valid and legal as per islamic law as well as Indian Law

isha (student)     24 November 2014

Sir but under section 4 of special marriage act and foreign marriage act, it says the "there should be no spouse living of either party"..

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     24 November 2014

Dear Isha

you asked about Muslim Marriage and Special Marriage, as per Islamic Law the Muslim Men have right to four marry, so the marriage will be valid.

 

if the second marriage will be solemnized as per special marriage act then the declaration should be completed and follow the Special Marriage Act.

isha (student)     25 November 2014

thank you sir

Adv. Chandrasekhar (Advocate)     25 November 2014

Muslim marriage laws are not universal and vary from country to country.  Before answering your question satisfactorily, one would like to know that whether the foreigner is also a Muslim?  If not and she has not been convered to muslim religion, the marriage is invalid even as per Muslim marriage laws applicable in India.  If the marriage happened in any place other than India, that country's laws are applicable.  If the first marriage was solemnized as per Muslim law and the second marriage is registered under Special marriage Act or Foreign Marriages Act, irrespective of the religion of the parties, such marriage is invalid.

isha (student)     25 November 2014

Thank you Adv.Chandrashekhar Sir ! this was indeed helpful.

I wanted to know about both the situations :Muslim or Non Muslim foreigner. 

I have reached to the following conclusion, please correct me if I go wrong:

1. If the foreign national is also Muslim by religion and the marriage is solemnized in India, then the second marriage will not come under the purview of bigamy. 

2. If the foreign national is not Muslim or kitabia, then this second marriage will come under Special Marriage Act which strictly prohibits bigamy.

Adv. Chandrasekhar (Advocate)     25 November 2014

The second point is wrong.  Let me repeat:

1.  If the foreign national is a muslim and marriage is solemnized as per muslim rites in India, then it is valid.

2.  If the foreign national is a non-muslim by birth, and if she is not converted to muslim religion prior to marriage, then even the marriage is solemnized as per muslim rites, then it is invalid for the reason that the marriage happened between a muslim and non-muslim.

3.  If the foreign national is either muslim or non-muslim, if the marriage has been performed under Special Marriage Act or Foreign Marriage Act, it is invalid for the reason that bigamy is prohibited under these Acts and the affidavits filed by the parties-no living spouse is there- are false.

4.  If the marriage happened in a country other than India, that country's laws will be applicable.

1 Like

isha (student)     25 November 2014

thank you sir.. Now things are crystal clear.


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