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szhsi (SM)     08 July 2011

Second marriage without divorce in islam

Dear Memebers,

 

I was married on 6th April 2011 as per islamic law. And was happy with my marriage. Ther were some disputes in my family (among my wife and my father) due to some ethics and cultural values. I work abroad and left on 2nd June. And the other day my father-in-law took my wife without my permission. After that day no one contacted me over the phone till I did on 21st June 2011 as i had neurological breakdown due to this trauma. And on that day my father in law shouted on me and then told me he wants to call a 'PANCHAYAT' meeting to solve this issue. I was never in favour of this and then convince my father-in-law to stop thinking in this regards and asked him sorroy on behalf of all the people and requested him to give me one chance to settle everything.

 

And after that due to my physical aliment I came back to India on 3rd July. Within this period of time I was in regular touch with my wife and used to talk to her for long (may be more than 2 hours on daily basis). But her response was null.... she never used to say anything.

 

Now that I am back in India, I tried to do my best to bring my wife back home but the doctor has told me that I can't take on any journey and also that too much of tension is injurious to my health. Keeping this situation in mind my parents are deciding to marry me again without divorcing my first wife. Now, I have the following questions:

 

1. Can I marry second time without divorce (as per islamic law and IPC).

 

2. Can my first inlaws file any case against me for dowary (they gave me 300000 INR for clothes and car @ marriage thru bank transfer).

 

3. Can I file any case against my inlaw for taking my wife without my permission.

 

Any one who can reply to these queries..... and have any doubt .,.. can contact me @ wellwishercfb@hotmail.com and please.... if you can reply to me in confidence at the above mail address. I will be thankful to any one who will be any help to me in this regards.

 

GOD BLESS ALL.



Learning

 5 Replies

Adv. Chandrasekhar (Advocate)     08 July 2011

Your marriage is only 3 months old.  The reason for the disputes is neither you nor your wife, but your father and her father.  If positive efforts by capable persons are put, you can live with your wife very happily. You are a very sensitive person.  Please do not go for second marriage, as it will further deteriorate your sensitive health as there will be conflict between the first and second wife.  If you go for second marriage, whatever your religiious personnel law may say, the first wife has got a right to file case under Section 498-A as well as domestic violence case and you face further problems.  Your parents, ignoring the future complications, pushing you from pan to fire.  Take care.

1 Like

Arif Iqbal (Advocate)     08 July 2011

What is the point in marrying without divorce. Whether you give divorce or not you are liable to pay the Mahr amount along with other maintenence to your wife.  Or you can do one thing send a registered notice to your wife by elabiorating all facts and circumstances and asking her to return back to your house within a fixed time period. Thereafter if she files a case u/s 498-A IPC, then this notice will somehow dilute the affect of her case and may help you in getting bail from Court. For further queries you can write to me at arifiqbal99@gmail.com or call me in my mobile: 09401803670

1 Like

szhsi (SM)     08 July 2011

Dear Mr. Arif,

 

thank you for your valuable advise. I had put three important quations (in Red). It would be great if you can answer all my three questions seperately.... specially question # 02 & 03.

 

I await your reply.

Arshad Jamil (Patent Attorney)     08 July 2011

1. Islamic law allows to marry during the lifetime of first wife, but there has to be a consent of first wife for the second marriage, and you have to treat them equally, if not so..the marriage will be void-ab-initio.

2. Your wife has all legal rights to file complaint against you and your parents for harrasment, criminal intimidation, etc.. , apart she is entitled for her maintenanace too from you.

3. You say you are in touch with your wife, and know her whereabouts, otherwise you had a good chance to file a haebus corpus petition.

Settle your matter amicably, as when the matter will go to the court , the courts too will have to make best efforts for reconciliation.

 

 

1 Like

szhsi (SM)     09 July 2011

I am waiting for any more replies to my question.

 

Thanks all who took their time to reply.


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