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haroon (engineer)     03 March 2011

Second Marriage in Muslim law

A muslim woman marries a man when her first husband is alive, what  action can the man take against her and what is the punishment to it


 9 Replies

parvez (Advocate)     03 March 2011

wife's act comes under bigamy which is offence under sec.494 of Cr.P.C. wife shall be punished with imprisonment which may extend to 7 years.

Mohammed Sajid Khan (Advocate)     03 March 2011

Sir, if i am correct sec.494 of IPC not Cr.P.C.

parvez (Advocate)     03 March 2011

I m so sorry, ofcourse it is Sec. 494 of I.P.C. Inadvertantly it has been written Cr.P.C. Thanks my legal brother M.S. Khan for telling me my mistake

Mohammed Sajid Khan (Advocate)     05 March 2011

R / Sir / brother, you need not to say sorry, you are most welcome, i am just a student of law, by the way may i know in which court you are practicing?

parvez (Advocate)     05 March 2011

A person must realise his mistake. In the coming year/years, you are also going to join our legal community. I am practicing in supreme court of India

Mohammed Sajid Khan (Advocate)     06 March 2011

Great priciple, looking forward for any future co-operation.

P.K.Haridasan (Advocate)     06 March 2011

Only a Musilim man  allowed to marry four wives, as per Mohammedan Law. 

syed (Branch incharge)     06 June 2011

Dear Haroon,

A muslim women cant marry another man while husband is alive - either she must have take khula or her husband must have talaq her as per mohammaden law

If nothing has happend then that marriage is not valid - she involved in adultry - and its punishable act

Even as muslim having relationship with another man is "haram"

Only a muslim men is allowed to marry 4 wifes base on his financial conditions, if he just marrying a women for "lust"  then too that marriage is leagal but he will be punished by Allah in "akhirat" base on his act

So its all about "neeyath' here, by fear of allah - what you said here is true - against that women - then she involved in adultry & cheating - its punishable act,

Immidiately  husband can divorce her and raise a leagl case against her to punish her otherwise he can forgive her - as allah always like the people who forgives the other who harms them and leave to allah to decide.

G.Nagarajeshwar Rao (Advocate)     09 June 2011

very well said Syed! No law said, against morals. The God will be punished ultimately.  

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