Muslim Second Marriage under (SMA) Special Marriage Act

865 votes

Yes if the relationship between the first wife is not good then he can divorce the first wife under sharia law and takaq Ahsan n hasan would do n even mutual divorce under Mubarat n khula too !
Your marriage under SPA is not valid bcoz in SPA u can’t have two living spouse
B in touch

Advocate D. Khan LawRato

663 votes

Would be prudent for you guys to seek a detailed legal consultation on the subject from a qualified Advocate having expertise in matrimonial laws. After Tripple Talaq was declared unconstitutional by the Hon’ble Supreme Court the situation has become a bit technical

Advocate Anubhav Kathuria LawRato

880 votes

In your situation, since your husband's first nikah wasn’t registered, it may complicate matters legally. However, under Muslim personal law, even if the nikah is unregistered, it can still be considered valid if the necessary conditions were fulfilled.

If your husband wants to divorce his first wife, Talaq Hasan is a valid option under Muslim personal law, where he pronounces divorce once in three successive months. This form of divorce provides time for reconciliation between the couple.

However, because your marriage was conducted under the Special Marriage Act (SMA) due to your foreign nationality, it is important that the legal aspects of your husband’s previous marriage do not conflict with your marriage under the SMA. It might be wise to ensure that his first wife’s separation and the divorce are handled formally to avoid complications.

Your husband should consult a lawyer to ensure proper legal steps are followed in divorcing his first wife and to disclose your marriage in compliance with the law. Also, he should be prepared for potential challenges from his first wife, especially if she was not aware of his remarriage. Legal advice will help ensure his actions align with the law and protect both marriages from legal challenges.

Advocate Qausar Khan LawRato