Nullify registration of islamic marriage

Dear Zaiba

If the husband pronounce talaq three times before witnesses then file a declaration suit before the court u/s 34 of Specific Relief act, 1963

34. Discretion of court as to declaration of status or right.- Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief:

Provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so. Explanation.- A trustee of property is a" person interested to deny" a title adverse to the title of some one who is not in existence, and for whom, if in existence, he would be a trustee.

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Nadeem Qureshi (Advocate)

Chember No. D-720, Karkardooma Court, Delhi

email : nadeemqureshi1@gmail.com

web:    nadeemqureshi498a.webs.com

Mob: +91  9953809956

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Dear Respected Pannel Member Nadeem,

My Self Irfaan, Got married in 1997 as per Shariya in Bangalore. I got a son in 2002. Due various reason &

incompatability issues with her, I am staying away from her since 18 months. I moved away from her physically and mentally, reached to a state to take divorce.

    In Between, in 2008, to arrange a visa for her & my son (marriage certificate is must for family visa sponsoring), I registered my marriage in India under Special Marriages Act 1954. in which it states that the marriage conducted in 1997

    What I would like to Ask, is that, To go for a second marriage, DO I need to take divorce from 1st wife ? OR I can go ahead for Second Marriage Without divorce from first wife under Shariya Law?

Kindly advise, ASAP.

With regards,

Irfaan