Upgrad LLM

second muslim marriage without divorce to first wife


Honorable members

 

Please advise

A muslim person did a second marriage without the consent of his first wife beacause her untolerable behaviour. First wife has file a report in Crime Against womens Cell (CAW) Delhi. She has falsely alleged in that report that the husband is indulge in domestic voilence and usually had beaten the wife. Also had put allegation that husband has asked for dowry. First wife also have a baby of 4 mnths.She has claimed for maintainence also

Husband wants to keep both wifes and is ready to treat them equally

Please advise whether ther's any case which can be filled against the husband and what all can be done to prevent going jail for the husband 

 

Also requested to breif what indian law says about second marriage in Islam

 

waiting for an earnest revert

 

Regards

Aatif Khan

 
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UNEMPLOYED

IF THE FIRST MARRIAGE HELD UNDER THE SHARIAT, THE MOHAMEDAN HUSBAND HAS THE LEGAL RIGHT TO DO SECOND MARRIAGE

 
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UNEMPLOYED

First wife has file a report in Crime Against womens Cell (CAW) Delhi. She has falsely alleged in that report that the husband is indulge in domestic voilence and usually had beaten the wife. Also had put allegation that husband has asked for dowry.

 

 

---   THE FIRST WIFE HAS THE RIGHT TO FILE THE DV.

AFTER FILLING DV, SHE HAS THE LIABILITY TO PROVE THE COMPLAINS.

OTHERWISE SHE MAY BE PUNISHED FOR GIVING THE FALSE INFORMATION TO A POLICE OFFICER.

THE POLICE OFFICER HAS THE LIABILITIES TO PROVE THE ALLEGATIONS, OTHERWISE HE HAS TO FACE THE COMPLAIN OF NEGLIGENCE OF DUTIES.

 

First wife also have a baby of 4 mnths. She has claimed for maintainence also

IF SHE LEFT YOU WITHOUT REASONABLE CAUSE, SHE WOULD NOT GET ANY MAINTENANCE.

BUT THE BABY WILL GET.

 
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Dear Sir

Thanks for the reply. I would like to add that the marriage was a love marriage and the husband has purched all the goods of the house either by cash or credit and debit card. The husband have all the receipts in his name and the bank statements of cards wherein all purchase showing in his name. Also she has alleged that her parents have given 70 thousand from which the husband has purchased a car wherein actually the same car has been purchased on loan and the husband is regularly paying the EMI's for the same for which he can show the loan repayment track also. His wife is threatning him to send jail. Please advise ''is there any allegation wherein wife can send the husband to jail on these allegation'' The husband have a copy of the complaint which she has submitted in CAW cell. if require i can attach that also. Please revert if husband can go jail in these allegations.

 
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I am not a Lawer but I think Police can arrest him on these charges and put in custody. Please consult a Lawer immediately and take his advice whether an anterim bail is neccessary.


Total likes : 1 times

 
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HR assistant

Dear Atif Khan, problem with me is strange that when I try to spek the blunt or harsh truth, people castigate me either to be rude or ignorant of the situation in Indian context but the truth is always bitter than the fiction and irony in India is that we follow many rules for marriage, divorce, child custody or other social issues, I mean we have personnel law for each and every individual and many loop holes to evade the legal action or the consequences.

Sir since you are an muslim and at any stage you can challenge the National Law but as per Shariat, you have the liberty to marry four wives but strictly as per Shariat but here is a locha, by the way if you are employed with certain govt.sector then you may not be permitted to do so and if found with another wife, you are liable to be terminated (Kindly do not read YOU as Mr. Atif Khan, I have used it as a common gender/factor).No matter whether it was a civil marriage but being a muslim you would require it to be registered with the Nikah authorities as per Shariat as I have been made to understand thogh I have no knowledge about it but since I have been staying at a muslim country thereby know a bit of it.

But irony is that being in India your estrange better half could drag you in the court for domestic/criminal violence behavior and many enthusiastic lawyers community would be glad to participate in the duel to earn premium and that includes both sides.But at any cost you would be needing their services because you may not be aware of the complexity of the system.

Since Indians are basically pseudo soft towards faminine you would be treated a proved demon even if legally a humane.

Kindly consult some good lawyers as no body would be willing to share their expertise free of cost and I am neither a criminal nor a family affairs lawyer but simply a ordinery citizen and a human being.

Regards.


Total likes : 1 times

 
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Thanks to Mr Sahu for his advise of interim Bail

 
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Dear Mr Dhusia

I really liked the way you expressed your opinion and agrees with you that there's no free cup of cofee in this world. Still I was waiting for Arup sir to present his valuable comments on the current situation

 
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UNEMPLOYED

if husband can go jail in these allegations.

 

---   BEFORE SENDING A  PERSON JAIL, THE COMPLAINS / ALLEGATIONS HAVE TO PROVE.

 
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UNEMPLOYED

"I mean we have personnel law for each and every individual and many loop holes to evade the legal action or the consequences."

 

---   (personnel law for each and every individual )

NOT THAT, AGAINST EACH RELIGION THERE IS SEPERATE PERSONAL LAWS AND THESE ARE NOT EQUAL OR IDENTICAL. EVERY PERSONAL LAW HAS IT'S OWN PROVISIONS.

SOME LOOPHOLES ALSO THERE BUT NOT AS A FORMULA.

 
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