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Muslim Marriage and Divorce related
07-Oct-2023 (In Divorce Law)
A muslim women after NIKAH gets her marriage regItered under special marriage ACT, after few months marriage doesnt work out and hudband sends legal notice as per shariah LAW...will she be held liable of bigamy if she remarries someone without divorce decree ? What will be the fate of her second marriage if challenged in court.
her second marriage is void as she hasn't yet got divorce. Both legally as well as under sharia she cannot marry unless divorced from her first husband. You should try to amicably solve the matter first.
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Adv. Mohd Atik Iqbal
Akola | 500+ Answers
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Yes if marriage is registered under special marriage act, then has get divorce first and unless and until he gets decree of divorce as per the provisions of Special marriage Act. He can't marry. If he do so he can be get booked as per the provisions of Indian Penal code for bigamy.
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Adv. Manoj Mulchandani
Nashik | 500+ Answers
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hi
in this case the second marriage is illegal as the first marriage is in subsistence.
it is advisable that the couple should proceed to divorce each other by approaching kazi for Khula talaq (mutual consent divorce proposed by wife)
wife Mary be apprehended under 494 ipc if she proceeds to marry without divorcing first husband
in this case the second marriage is illegal as the first marriage is in subsistence.
it is advisable that the couple should proceed to divorce each other by approaching kazi for Khula talaq (mutual consent divorce proposed by wife)
wife Mary be apprehended under 494 ipc if she proceeds to marry without divorcing first husband
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Adv. Rohit Shaligram
Pune | 500+ Answers
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being a muslim he cannot be charged for bigamy. but it can be a cruelty to you. So in court proceedings finally at the end of the day you'll not get a fruitful result. because being a muslim he will governed by that law and In that second marriage is not igamy
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Adv. Muzammil Husain
Nagpur | 25+ Answers
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