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)

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.


Googling your legal issue online?

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

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.

Popular Family Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
32 years Experience
Advocate Jai Shiv Darshan Giri
Santoshi Nagar, Ring Road Chowk, Raipur
14 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
18 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
34 years Experience

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.

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 Family 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.


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

Similar questions

I am married from 10 years.I have 2 childrens having genetic disorder DMD it means boys alive up to 15 years .so I am in depression .can I do another …

Read More

I am a Hindu my husband has married another women and has 2 children with her even I have a daughter.Now he doesn't pays my daughter's school …

Read More

My friends 2nd wife filed sec 125 crpc against my friend. At the time of marriage this 2nd wife was well aware of his 1st marraige. She thought my fri…

Read More

I am Muslim man / married for a period of 02 yrs. in which we hardly met. After marriage she was with me for 15 days. second time we met she was with …

Read More

Talk to a lawyer for your legal issue