89+ Lawyers are online 
Remarriage without divorce in Muslim law
30-Dec-2025 (In Muslim Law Law)
My brother has been married for 8 years and the marriage is registered and has one girl child who is 8 years old. His wife left him 10 months back along with the child. Can my brother remarry without divorcing her?
Under Muslim personal law, a Muslim man is permitted to have more than one wife, provided the first marriage is subsisting. Therefore, legally speaking, your brother can remarry without divorcing his first wife. However, this does not absolve him of his legal responsibilities towards the first wife and the child. He remains liable to provide maintenance to his wife (if she is legally entitled) and minor child, and issues of custody, guardianship, and maintenance can still be raised by the wife. Practically, remarriage without divorce often leads to criminal complaints under IPC/BNSS provisions or maintenance proceedings under CrPC/Family Court, so it is advisable to resolve matrimonial disputes legally before taking such a step.
Helpful?
Adv. Hemalatha Narayanan
Chennai | 100+ Answers
Chat
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.
Connect with top Muslim Law lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
