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Ansari (Director)     18 May 2013

Second marriage without first divorce



I am a muslim by birth, got married to a non muslim, however, she got converted before marriage, we got our Nikah done first in 2005, then got the marriage registered in 2006.


However, due to problems in our marriage, we are not staying together, meanwhile I am looking out for marriage to another woman. 

My 1st wife is not ready for divorce, so what are the options for me.


Does the Muslim Shariat law apply in my case, will i be in trouble according to Indian Marriage act if i decide to do Nikah with another woman.  


Please advsie.


 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 May 2013

You said you registered the marriage under the Indian Marriages act. So second marriage is not valid unless you divorce to Ist one. If you go for second marriage without taking divorce order, you will become bigomy, which is the punishable.

heral (working)     18 May 2013


Pls advise. one of my friend ( girl ) married with divorecee ( love marriage). That person told her that she is divorecee but after six months problem arised,and now we came to know that he is not having divorece from court but matual divorece signed in sub registrar office. Now my friend and her husband do not wants to stay together, and wants to seprate. We went to one advocate and he guide us that you make Matual diovreee deed as same previous made by your husband, signed in sub registrar office by paying some fees to sub registrar office. we do not wants any money from them, neither interested to file any complaint against boy, pls advise, what is the position of my friend.


heral (working)     18 May 2013

Sir, Thanks for reply. Pls note as on today his wife also married .

Advocate Ravinder (Advocate/Attorney)     19 May 2013

Mr. Ansari, please explain the querry in detail. You said marraige registered on 2006. Under which act it has been registered.  You said before marraige she has converted.  From which religion she has converted.

Ansari (Director)     19 May 2013

Thanks Mr. Ravinder, She was a catholic before Marriage & got converted to Islam in 2005 before we got married through Nikah, then in 2006 we got it registered. I need to ask, as it was initially an islamic marriage, what law will govern, Islamic Shariyat or Indian Law. Please advise, marriage was just registered in bandra, am not sure if it was special Marriage act.

Paras Awasthi (Businessman)     10 June 2013


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