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Remarriage done though registered under Special Marriage act
10-Jan-2023 (In Muslim Law Law)
I am a Muslim who got married on May 2008 and registered in Special Marriage Act on Oct 2008 as part having legal records. Unfortunately my first wife deserted me on Oct 2011 with my 2 children. Till April 2015, all my efforts for reunion thru Jamaath and District Family Court failed after which I issued 2 talaaq with prescribed time frame of time to reconcile which further failed and I issued 3rd talaaq. Now I married another Muslim woman under Islamic Sharia. In this case, if my ex-wife comes to know, will I be convicted legally? What I are IPC's where I can defend myself?Please advice?
Whether she did not belong to Muslim religion at the time of marriage?
If she belongs to some other religion then the marriage under special marriages act is valid thereby the pronouncement of talaq is not a legally valid divorce and the marriage cannot be dissolved without a decree of divorce through a court of law.
If she will become aware of your second marriage there are chances that she may lodge a criminal complaint under bigamy offences, for which the punishment may extend up to 7 years of imprisonment.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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