Wife of muslim man not giving divorce how to remarry without divorce

521 votes

There is no way for u to get marry with ur boyfriend and what are you doing is illegal and bad in law being in relationship with married man is illegal ,your boy friend can't force her wife to take divorce until and unless she is mutually agreed to give divorce to ur boyfriend .....and question remain if she is defaming u in society than u have a rights to knock door of court for filing the private complaint against her...rather than that no option is available for u

Advocate Ravi Mishra LawRato

590 votes

Dear client. As your friend is by religion Muslim. As per Shariat law he can marry with four ladies,if you both are wishing to marry then by Muslim law you can marry with him, once you marry automatically further resistance and defamation will stop.latter on he will give Tala to her as par Muslim law.

Advocate Vijay Kalu Wani LawRato

704 votes

Before 7 months it was easy for your friend by giving instant triple talaq. Before 6 month Supreme Court Judgement declared it illegal. Though Lok Sabha passed Law on it Rajya Sabha has not passed it. So there is no law on it except Supreme Court's decision.
If your boy friend is giving now instant triple talaq there can not be any punishment as per the today's position, but at the most it will be illegal only. Your boy friend's wife is not ready to take Khula then also as per my knowledge you have way/solution for your problem.
Triple talaq is not illegal/ban by Supreme Court, it is only instant triple talaq is illegal/ban. So appoint an advocate or approach well known/eminent/clever Kazi. Your boy friend will get the Talaq (Divorce) following the Islamic procedure. There is no need of wife's consent.
Now your problem regarding NGO related activities plus Police cases plus socially defamation.
Now 1st NGO activities-These NGO's do activities only through police & Courts, so now you will have to consider about police cases
2nd ly Police Cases-In India 498 A IPC cases and other maintenance cases can be filed by wife. For maintenance cases there is no fear of arrest, you will have to go by trial court order or appeal court order, but regarding police cases you will have to face it. To avoid arrest you can approach for Anticipatory Bail from Sessions Court or Appeal Courts, if it is rejected you can go for regular bail in trial Court and appeal Court. In due time you can approach to High Court for quashing of FIR.
It is better to appoint a good lawyer immediately.
3rdly for Social defamation-If there is a defamation you can file a Defamation Suit/Case. If it is online defamation you can approach to the Cyber Cell or Police.
Hope you understand all these things and in next 6 months' you both will get married.

Advocate Sheetal Pawar LawRato

527 votes

Marriage is your personal issue
But relationship with married person it always risk.
1. Your boyfriend have choice to give talq to his wife and after passing 3 months eddtat period , he can marry with you.
2. He is Muslims so he can marry four wives
3. like his wife he can give talq to you and remarried any one else

Advocate Ashok Patil LawRato

711 votes

You could not legally marry with BF. Because"Section 494 provided accused of bigamy (second marriage) punishable with imprisonment up to 7 years or fine or both."
Therefore you cannot legally marry without obtaining Divorce from wife of BF.

Advocate Sandeep Shamrao Pingale LawRato