Civil Procedure Code (CPC)

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jaker shareif   16 April 2018

Muslim girl can do second marriage with out divorce

a Muslim girl is already married in her age 16 and she gave a birth to baby girl..15 to 16 years completed..but she was not with her husband from one year.and she loved a boy.he want to marry that girl with out divorce..with out divorce the girl can marry a boy or not? if any one knows reply me


 8 Replies

aditya vadali (LAWYER)     16 April 2018

attaining puberty is basic thing required for Muslim marriage... and no is the answer .. she cannot go marry another as ur wedlock is still existing legally... that second marriage is void.
1 Like

jaker shareif   16 April 2018

OK sir but girl is already harassed by his husband..from past 16 years.if she do the second marriage it is void right..in our law we will consider the girls voice only know.if she do second marriage

Vijay Raj Mahajan (Advocate)     16 April 2018

Let the Muslim woman apply for divorce under the Dissolution of Muslim Marriage Act in the Family Court. After the divorce granted, she can remarry. Go by the legal procedures not sentiment considerations.

Narinder (Advocate)     16 April 2018

Muslim married girl could only marry with second man, if she has taken divorce from her IST husband otherwise second marriage would be void.

Yatinder Bainsla   16 April 2018

Not only dissolution of marriage but she should file complaint under protection of women form domestic violence.. as well as she shd claim metainance also. I am sure the Husband will surely want to get separated. She has to be offensive rather being deffensive.

Asgher Mahdi (Advocate & Legal Advisor)     18 April 2018

Muslim married women cannot under go a second wed unless she seperated from her husband. Any how, there is no game plan in muslim marriage as she likes and deslikes on pretty reasons of being love etc.. Her first marriage to be seperated either by KHULA or TALAQ , then she may allowed to go for 2nd wedding. If she seperated on herself she may prefer KHULA wherein she is not entitle to claim the dower amount and maintainace whereis, if she supposed DIVORCE-TALAQ by her husband on valid ground, she may entitle to claim dower amount along with maintainance.Take note that muslim marriages are social contract unlike sacrimental under Hindu marriages. It is wise enought to think her before this steps as she is now aged about just 16 years and not a major.

Asgher Mahdi (Advocate & Legal Advisor)     18 April 2018

Muslim married women cannot under go a second wed unless she seperated from her husband. Any how, there is no game plan in muslim marriage as she likes and deslikes on pretty reasons of being love etc.. Her first marriage to be seperated either by KHULA or TALAQ , then she may allowed to go for 2nd wedding. If she seperated on herself she may prefer KHULA wherein she is not entitle to claim the dower amount and maintainace whereis, if she supposed DIVORCE-TALAQ by her husband on valid ground, she may entitle to claim dower amount along with maintainance.Take note that muslim marriages are social contract unlike sacrimental under Hindu marriages. It is wise enought to think her before this steps as she is now aged about just 16 years and not a major.

Asgher Mahdi (Advocate & Legal Advisor)     18 April 2018

Let me know your stand in this query please? If her husband is burtal she has an legal remedy to file a case under domestic violance and so on. Even, on this ground she may be allowed to proceed for seperation by KHULA. Please, try to read the Mohamedan Law if sure to be a concilator or refer her to an advocate who will guide her, rather discussing with half baked knowledg. This platform is to guide the gulible clients .


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