Dominoe (Seceterry) 02 March 2012

Muslim nikaah and indian law

Hi All

Please forgive me if this has been answered already, however am asking as need links to legal opinion/precedence etc.

A foreign natiional (British) who was legally married in the UK however going through a divorce, does a nikaah in India in Nov 2010.

In Oct 2011 his divorce completes and in Nov 2011 he registers marriage (nikaah) with india authorities.

Question : when is his indian wife regarded as legally married to him - is it from Nikaah or from registration in accordance with Indian Law.

thanks

Reply Follow

3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 02 March 2012

As Islamic Law permits polygamy - the date of marriage would be the date of reckoning not the date of registration.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 03 March 2012

I agree with Mr. Chugh

Dominoe (Seceterry) 28 March 2012

Thanks Gents for your responses,

The marriage is being polygomous marriage in the eyes of european law, However the british gentlemen is now only legally married to the indian lady but at the time of nikaah was married to the indian lady and a british lady (was actually going through the divorce process)

Can anyone advice how he can annull the nikaah and registration in order to redo the nikaah and re-register it.? This will then satisfy immigration that the marriage is legal for them as at the moment the marriage to them is illegal.

Note: the nikaah was done in Mumbai