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Is divorce compulsory for second marriage in Islam
18-Apr-2023 (In Family Law)
Hi, I am a Muslim. my wife booked a case 498, 34 and 506. First she complained against me in PS that we are harassing and wanted to separate my family. Counseling was not done properly in WPS. Then she filed an false FIR against me. As she doesn't want to come and to do life with me as I have not given divorce to her till now legally, can I marry another women as per Islamic and Indian law without giving divorce as she filed maintenance already for extortion of money. Will there be any consequences if I marry another women without giving divorce or Do I need to give divorce and marry another women or without divorce can I marry another women as per Indian law. Please Advise .
Hi
It is better to grant divorce under personal (islamic laws).
Yes, the Muslim Personal (Shariat) Law Application Act, 1937 makes it clear that the muslims in India are governed by the Shariat Law and not the codified law.
Therefore, there is no legal bar against having more than one wives rather Indian Muslims are permitted to have as many wives as Quran permits them.
However, second marriage will still constitute bigamy, albeit it would not be punishable and not void, and will give rise to cause of action in favour of first wife to seek divorce as per Dissolution of Muslim Marriages Act, 1939, if the husband does not treat the first wife as per injunctions of Quran
It is better to grant divorce under personal (islamic laws).
Yes, the Muslim Personal (Shariat) Law Application Act, 1937 makes it clear that the muslims in India are governed by the Shariat Law and not the codified law.
Therefore, there is no legal bar against having more than one wives rather Indian Muslims are permitted to have as many wives as Quran permits them.
However, second marriage will still constitute bigamy, albeit it would not be punishable and not void, and will give rise to cause of action in favour of first wife to seek divorce as per Dissolution of Muslim Marriages Act, 1939, if the husband does not treat the first wife as per injunctions of Quran
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Dear Client,
As per muslim law it is not an offence to marry another woman when first marriage subsists. But it is safe for you to give talaq for first wife to marry another woman. Talaq/Divorce will be given in masque by Kazi and Talaque nama will be drafted and duly signed by two witnesses and fix maintenance for three months by Kazi and a Demand draft will be purchased on your wife`s name for maintenance for three months and given to her. Consult Elders in Mosque and pronounce talaq to your wife to come out from giving maintenance and harassment.
As per muslim law it is not an offence to marry another woman when first marriage subsists. But it is safe for you to give talaq for first wife to marry another woman. Talaq/Divorce will be given in masque by Kazi and Talaque nama will be drafted and duly signed by two witnesses and fix maintenance for three months by Kazi and a Demand draft will be purchased on your wife`s name for maintenance for three months and given to her. Consult Elders in Mosque and pronounce talaq to your wife to come out from giving maintenance and harassment.
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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