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salim shaikh (designer)     30 June 2011

Muslim boy stopped from 2nd marriage in DV act

HI FRINEDS,

I AM MULSIM BOY .

GOT MARRIED TO ON MAY 10. OUR MARRIAGE LASTED ONLY FOR 2 MONTHS. SHE HAD A PHYSICAL PROBLEM. THEY CHEATED WITH ME.

AFTER THAT SHE GONE TO HER PARENTAL HOUSE.  NOW SHE HAS FILED DV ACT 2005 AND FALSE 498-A. AGAINST ME. I AM OUT ON BAIL NOW.  

I AM WELL EARNING, BUT MY LAWYER SUGGESTED ME TO SHOW EARNING LESS TO GET MINIMUM MAINTENANCE.

NOW SHE HAS TOLD  I AM PLANNING FOR SECOND MARRIAGE AND TOLD COURT TO STOP ME FROM SECOND MARRIAGE.  BCOZ MY EARNINGS ARE LESS.

 IS IT POSSIBLE ?

CAN A COURT STOP ME FROM SECOND MARRIAGE ?

AS PER MUSLIM LAW I AM ENTITLED FOR FOUR WIVES ?

SO WHAT SHOULD BE MY STAND IN COURT ?

HER LAWYER HAS GIVEN SOME HADIS & QURAN SHARIF REFERENCES IF ANYONE REQUIRED DETAILS I CAN GIVE DETAILS ?

PLZ. HELP ME OUT. ??????



Learning

 15 Replies

Amit Parmar (Junior Lawyer)     01 July 2011

Hello,

           No one can stop you from doing second marriage, as u are a muslim, you have an personal law and under such law a muslim can do four marriages, so its your right to have more than one wife....

          so i dont think that any one can be stoped from doing second marriage in muslim laws. And i dont think that their is any such specific provision under which your wife can get any relif from the trial court and stop your marriage.

          So i would like to advise u to  defend your case through the DV act as your wife has filed an application under DV act.

Saurabh..V (Law Consultant)     01 July 2011

@Salim

 

You are allowed more than one marriage and this is your right as per Muslim Personal Law. However, if you marry second time when your first marriage is existing, your wife can file a case of cruelity on this ground and also she can seek divorce from you.

 

Second marriage might be permitted as per any personal law but as per many High Court's decisions and other statutary provisions being made by the Govt., restricts this permission. Any muslim man who want to marry more than once, woudl have to be prepared to convince his first wife to allow him another marriage. If she doesnt consent then she has a right to live seperate from you, file a case of cruelity and also to seek divorce.

 

But if in your case as you mentioned, that your wife had physical problem, then you have a case based on which you can tell the court that as the illness of your bride was hidden from you so your marriage with her is VIOD. Such a marriage in which, major and important deceases or disability of spouse is hidden from the other, then the other spouse can demand the court to pass an order of nullity. Such marriage is void ab initio.

 

Also it is not only a woman who can claim cruelity against a man but man can also file similar application before the competent court. The court after seeing your evidences and pleas, might give an order in your favor.

 

//peace

/Saurabh..V

danish (Manager)     24 July 2011

Salim do u have any evidence against her or her family member that they have purposely hide those physical problem. If u can gather those evidences it would be of great help for u. And on basis of those evidences u can file for annulment of marriage. Annulement must be filed within one year once yhe fraud is coming into light.

danish (Manager)     24 July 2011

@ saurabh

Hi, Wat if wife has deserted the husband for more then a year and not willing to join the matrimonial house, inspite of husband request and in this  case husband ( muslim) go for 2nd marriage.

Sudhir Kumar, Advocate (Advocate)     28 January 2012

what does fatwa-i-alamgir says on this issue.


(Guest)

@Author

Anything is possible my friend, If DV Act can gift Hard earn property of husband to Nightly married wife, restrain him from his own house, why can’t DV  restrict her husband from remarrying?, But you should be strong enough with your argument that Shariah Law permits you to get marry without showing consent of your present wife.
Moreover DV law itself Contradicts Shariah Law, As per Muslim Law Wife cannot seek maintenance if she herself walks out from marriage. It is DUTY of wife to obey the Husband.  You will find many fatwas on this please check which one is accepted in Court of Law. Shariah has given fewer rights to Muslim women, No wonder why? Because now we see consequences of women empowered law. It is wisdom my friend so
This is all pressure building tactics. Prove to court that she is physically unfit for marriage and you were cheated by their parents.

She cant stop you from performing second nikah, but this time you have suppress place & date of Nikah, Corrupt officials of System can interrupt you from doing this so..

BEST REMEDY to you is, convince your future inlaws and wife, and explain the legality of matter, once you performed nikah from this lady you can give divorce to this wife. BUT she can still go for maintenance.


 

salim shaikh (designer)     31 January 2012

actually... In india its law muslim can prform four marriages... there is not possible to pass make a such type order against any muslim.

The opposite lawyer, wife and in laws. pressed on me to give undertaking to not perform second marriage. So. Judge use my own undertaking agaist me. The order was interim only not final. They also published this news in local papers.

But I was very fresher to handle this matter. So only in fear i posted this topic . Now I have learnt all tactics.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     31 January 2012

If you do second marriage w.o the permission of first wife, then the first wife gets a ground for taking Khula.

 

However the court order is illegal and needs to be challanged.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

danish (Manager)     02 February 2012

@ Shonee Bhai,

 

 What if husband is not willing to give khulla. He wantrs to stay with both the wife, and ready to maintain both of them with same love and affection .

Can the court will force the husband to give khulla........ 

1 Like

(Guest)

@Danish,

Our Indian Cultured women are not that par of Arab women. :)

However you can ask her to Join with you along with your Second wife. BUT She can seek Khula under Disolution of Marraige Act 1939. If she doesnt want to come and you can't force her to live with you.
 

danish (Manager)     03 February 2012

Zameer Bhai,

Do you think court can compell husband for khulla, Husband is not ready to sign divorce paper nor he is orally saying talak.

498 A Fighter (Manager)     03 February 2012

Danish,

your questions look like they are never ending.

still, the answer for your question is No court can compel for Talaaq or Khula. Khula is wife is asking for divorce. In Muslim law, proper Khula is obtained only if Husband agrees / husband is absconding .


(Guest)

Brother Danish,


As per Muslim Dissolution Act 1939, Wife can seek Khula (Divorce Obtain By Wife). Wife do not Husband's permission. Please read the Law Carefully and Go by Citations of HC/SC.
However you can challenge her Decree Later, That is Different Story, BUT she can Bug you with FALSE CASES.
.

.

 

@ Fight to Win.

.
Please STOP spreading hatred / pinching 498a Wives. Without Knowing anyone story you cant PRESUME for Bail Cancellation.
For My personal Case:
My WIFE lied about her Education, She ran-away from Home before Marriage. Constant unusual Demands for MONEY n MONEY (Extortion).
FALSE DOMINATION of FIL. which was unbearble. FINALLY SHE RAN-AWAY.
NO CRULTY was ever adpated, She said in P.S. doen't want to live with me, and WANT TO LIVE with her parents ONLY.

498 A Fighter (Manager)     04 February 2012

We respect good,honest and decent women.They are our sisters.

Here , we are fighting against liars, extortionists ,cheaters,dis honest women who file false cases against their husband and his family. Along with few bad lawyers and cops, they do this and imagine that they OWN the Indian Judiciary system and threaten the victims to siphon out money in several lakhs. This bad practice has to be stopped. If we are good citizens, we need to clean up the system.

Our elders have taught us to fight against EVIL .We are doing exactly the same.

 Keep your documentation intact. Fight this evil . File counter cases against this money extortion rackets, Expose their lies and criminal intentions to the world.

 


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