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Abizul Islam   26 February 2018

Fraud & Harrasment

Sir/Madam,
If a muslim person is a govt. servant and marries second time then what are the rights of his first wife against her Husband. And who will get pension after death of person who marries 2nd time...?


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 2 Replies

Abizul Islam   27 February 2018

Actually my father in law is a muslim govt. employee working as Radiographer in Health dept. of Assam.He has 3 daughters, twice already married. But he has done second marry without permission his first wife. Now my mother in law, means first wife want to take action against her husband. So plz advice what is the best Section under law is acceptable. Thnk u.

Vijay Raj Mahajan (Advocate)     27 February 2018

A muslim man in India can have 4 wives at one time, its valid for him and no punishment under the Indian Penal Code. In the present case Muslim man had two wives, the second marriage done without the permission of first wife, according to the Shariat Muslim law there is nothing unlawful so no punishment for marrying the second time without disclossing or taking her permission from his first wife. Yes he is supposed to give equal treatment to both wives and cannot ignore one against the other.

As far the Government Rules are concerned for its Muslim employee having more than one wife, the compensatory pension if sought by the goverment employee he has to mention the name of the wife he would like to be joint for joint family pension, he cannot add the name of both wives. 


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