Child custody, false complaints and Second marriage in Islam.


I am a Muslim Indian citizen. I got married in 2011 and have 2 kids (Girl - 6 years; boy - 1 year). My wife went to her father's home in September 2017 and doesn't want to come back. I went twice to bring her and my kids back. She admitted my daughter in a local school as well. I am the only son of my parents (No sister as well). My mother is always sick and is unable to move freely on her own. My questions are: 1. Does the Indian Constitution allow me to marry again without divorcing my wife? 2. If she files a false case against me (dowry, harassment etc), what will be the result? 3. When can i ask for the custody of my kids? Based on what conditions will the court decide on the custody? Awaiting your reply. Thanks.

Answers (3)


271 votes

If ur wife left u without ur permission u have right to claim restitution of conjugal rights. Indian constitution don't allow to go for second marriage unless there's is any valid reasons u have fight the case if she files 498A case.


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126 votes

With regard to marriage, you are governed by Muslim Law and not by Indian Constitution. And as per muslim law , muslim man can have more than one wife. Therefore , you can marry. So far as custody of children's, you will have to contest.

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Dear Client,
1. Since you are a muslim, hence you can do the second marriage as the marriage is basically govern by the personal law of various religion. As per Muslim personal law, you are allowed to do second marriage.
2. If she files a false case against you, then you have to deal with it by way of getting bail and face the trial.
3. You can ask for custody of your child any time.

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