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salim bahsha (Engineer)     24 May 2012

Second marriage in muslim

i am 36 yrs old muslim, 13 years back i got first marriage with a muslim girl and have 3 childs, living with her, now i like to marry a another women, she was basically a hindu girl but few months back she converted into muslim in before of notary public and changed her name too, Is there any legal problem in marrying(nikkah) her as my second wife, i dont want to divorse my first wife & i want to live with both till my last breath,

in our nation as muslim law whether consent from first wife is compulsory for second marriage?

wtr is it possible to register my second marriage legally?

Any problem in getting govt job in future?

please guide me 



Learning

 10 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     25 May 2012

1. Consent from first wife not required. But she would get a lot of rights for eg. seeking divorce from you or seeking maintenance while living apart. 

2. There should be no problems.

3. Would disable you with respect to most government jobs. 

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     25 May 2012

1. Consent from first wife not required. But she would get a lot of rights for eg. seeking divorce from you or seeking maintenance while living apart. 

2. There should be no problems.

3. Would disable you with respect to most government jobs. 


(Guest)

Dear Bharat,

Its totally wrong that first wife consent did not required. As per Shariya Law / Muhammadan Law first wife consent should be taken although if you marry without her knowledge second marriage remain valid.

But The first wife can take you for breaching of trust as marriage itself a social contract.

There is no problem for the Muslim man even he did second marriage even to a non-muslim as  per Law (Special marriage act 1956).But its not allowed to marry a non-muslim as per Sharira Law.

salim bahsha (Engineer)     25 May 2012

dear bharat and md shamshad

i am in waiting list for govt job, if my first wife and second wife (going to nikkah) given consent that with there permission only i made second marrige like wise then also problem in getting govt job (state govt job). 

salim bahsha (Engineer)     25 May 2012

whats the procedure to register my marriage, what are the requirements needed for it.  plz provide sir

seema (advocate)     31 May 2012

yes 

salim bahsha (Engineer)     31 May 2012

 

but in my states servant conduct rules mentioned as

No Government servant shall, enter into or contract, a marriage with a person having a spouse living; and No Government servant having a spouse living shall enter into or contract a marriage with any person:

Provided that the Government may permit a Government servant to enter into, or contract, any such marriage as is referred,  if they are satisfied that -

(a) such marriage is permissible under the personal law applicable to such Government servant and the other party to the marriage; and (b) there are other grounds for so doing.


(Guest)

Salim Bhai,

Give divorce to first one and keep the second one.

No power of this world can stop you in doing so.

Adv. Chandrasekhar (Advocate)     31 May 2012

ur marriage cannot be registered under Special Marriage Act.  You will be disentitled in several Government jobs.

Sudhir Kumar, Advocate (Advocate)     02 June 2012

I disagree with those experts who say that he will be disentitled for several Government jobs. he will be disnetitled for all Government jobs. He has reproduced the rule position.  He feels Govt may give permission but so far none appear to have got such permission.


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