What action can my wife take if i go for 2nd marriage under muslim law

Hi... I would like to know is it possible for me as a Muslim to go for a 2nd marriage as my wife is living separately with her parents for more than 1 and a half years.We don't have any kind of sexual relationship for the last 3 years.She is not interested in having any kind of relationship with me.She is asking for a huge amount of money(or 60% of my ancestral property ) to sign the mutual divorce agreement ,otherwise she said like she will not ready to sign it.I don't have any property in my name.I am unemployed now and she is working as a manager and earns70000 INR per month. We had a 7 year daughter and she is staying with me.I am ready to take care of my daughter my whole life.First her demand was she need the money and property on her name and when she finds out its not going to happen as i don't have job now and no property in my name. Now she is using my daughter as a commodity for the negotiation now.She threatens to spoil my life.She is from a upper middle class family.

Answers (3)

205 votes

Divorce is not a charity of anybody. If there are ground one can claim divorce. Even now there is no ban of pronouncing thalak by a muslim husband if there are sufficient grounds and if proper procedure are followed. In your case your wife's permission is both required and her claim of 60%of your property will not stand in the eye of law.
You can even claim maintenance for your child from your wife since she is employed. For Muslims there is no provisions for mutual divorce. You may contact a lawyer and take steps without delay

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

197 votes

Second marriage, during the subsistence of the first marriage, is illegal in India and the relationship arising from the same does not have any validity. A woman's right to maintenance is a personal obligation so far as the husband is concerned, and it is his duty to maintain her even if he has no property. It is well settled that the husband has got a personal obligation to maintain his wife and if he is possessed of properties then his wife is entitled to a right to be maintained out of such properties.

Under the "Women (Protection Of- Rights On Divorce) Act, 1986" spells out objective of the Act as "the protection of the rights of Muslim women who have been divorced by, or have obtained divorce from, their husbands." The Act makes provision for matters connected therewith or incidental thereto. It is apparent that the Act nowhere stipulates that any of the rights available to the Muslim women at the time of the enactment of the Act, has been abrogated, taken away or abridged. The Act lays down under various sections that distinctively lay out the criterion for women to be granted maintenance. Section (a) of the said Act says that divorced woman is entitled to have a reasonable and fair provision and maintenance from her former husband, and the husband must do so within the period of idda and his obligation is not confined to the period of idda.

it further provides that a woman , if not granted maintenance can approach the Wakf board for grant as under section (b)which states that If she fails to get maintenance from her husband, she can claim it from relatives failing which, from the Waqf Board

A wife who is well qualified and is capable to earn cannot sit idle and claim maintenance from her husband. A well-qualified wife is not entitled to remain as an idle and claim maintenance from her husband.

Popular Divorce Lawyers

Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
20 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
104 votes

Since you belong to Muslim Community divorce is not a problem for you. You can pronounce the Talak if you are not able to go forward with your wife. But the matter is that she can file a petition either before the Criminal Court or the Family court against you.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Divorce Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles