Second marriage without divorce or contest from first wife

920 votes

Your situation is bit complicated.
Though you are an Indian and got married to an Indian as per Muslim religious rites and customs in India, you can very well marry another Indian girl of the same Muslim community here in India as per Shariat rules during the subsistence of an earlier marriage and the spouse living. It is not an offence or can it be called as bigamy.
But your proposal to marry another girl during the subsistence of yor marriage even though she is a Muslim girl, since she is a foreigner, your marriage cannot be registered in India as per Shariat rules as per Indian laws.
Your marriage can be registered under foreign marriages act or special marriages act.
The min condition for solemnisation and registration of a marriage under the provisions of the said laws is that there should exist any marriage with any of spouse and there should not be a spouse living to any party to the marriage, hence I am afraid that your second marriage cannot be recognised as per Indian laws neither you can get a valid marriage certificate under this circumstances.
You may discuss wit yor elder and also have a second opinion with some experienced advocates in this regard and decide about proceeding provided it is legally valid and may not create any problem in the future in this regard.

Advocate T Kalaiselvan LawRato