About re-marriage
Asghar
(Querist) 15 October 2011
This query is : Resolved
Hello,
I’m Asghar Ali and from Bangalore (India). My age is 30 and I got married 2 years before. I’ve a daughter who is 1 year old. 3 months before I had an issue with my in-laws. My wife was ready to come along with me on the day of quarrel; however, at the same time her uncle spoke to her something and said she’s not ready to come with me, so I left her over there. After one week when I had been to my in-laws house to bring back my wife and kid the house was locked. Immediately I called to her uncle but her uncle denied telling me where are they?
I spoke to her uncle once again and told me that my wife is angry with me and she’s not ready to live with me, hence, she has submitted the petition with local Jamat seeking Qula (Divorce).
I tried reaching my wife but her mobile is switched off from that day and her family is not allowing me to meet her. I tried reconciling with her uncle but they are not ready to talk anything except in front of Jamat. Jamat hasn’t called us yet and I’m not sure when are they going to have this discussion.
Now it more than 3 months, I desperately need of my wife (by emotionally and physically as well), in this case can I go for second marriage instead of waiting for her. As per Islamic law there is no approval required from first wife for second marriage. If I can get second marriage, what and all the procedure I need follow (like getting fatwa or other documents for second marriage).
Please suggest me the best at the earliest!
Raj Kumar Makkad
(Expert) 15 October 2011
Though you require no specific document or order to perform your second marriage being guided by Muslim Personal law yet is better for you to given Talak to your first wife and return her mehar as agreed. A fatwa for talak is better to move ahead.
Asghar
(Querist) 15 October 2011
Dear Sir,
Thank you very much for your valuable advice. I agree that I need devorce my first wife before I get remarrie; however, the issue here is neither my inlaws are not ready to reconcile not the Jamat calling us for discussion. Its really time takind and I do not have patiance to wait any more.
Can you please provide me with any other alternative which will be safe for me to bring back my first wife or get the second marriage.
Thanks in advance for your time.
Shonee Kapoor
(Expert) 15 October 2011
If you don't get approval from your first wife for second marriage, it becomes a ground for obtaining divorce for the first wife.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Asghar
(Querist) 16 October 2011
Dear Sir,
As per islamic law, there is not approval required from first wife for second marriage. I would like to know legally what steps that my wife and inlaws can take and how can I take preventive action in advance for those. Please advice me the best!
prabhakar singh
(Expert) 16 October 2011
I do not agree with any of the opinion expressed as they may be true for Hindus etc.;but the same is not true since you profess ISLAM which permits you to marry 04 at a time without offending any law.
It appears Experts have overlooked your name and failed to guess you are professing ISLAM.
Dr V. Nageswara Rao
(Expert) 16 October 2011
I agree with Mr Prabhakar Singh that as a Muslim you do not need any permission from your first wife to get married for the second time.
You can pronounce "talaq" three times in the presence of witnesses. Though Quran permitted talaq where it is pronounced in three successive lunar months and Prophet Mohammad discourged talaq, the customary divorce as practised in India permits the "triple talaq".
On the other hand, under Hindu law and Christian law, even written permission from the first wife does not in any way cure the defect of bigamy. Under no cirsumstances can a Hindu or Christian enter into secind marriage while his first wife is alive or is not divorced by a Court order.
Raj Kumar Makkad
(Expert) 16 October 2011
I refute the charge of prabhakar singh ji supported by Nageswara Rao that my opinion was based as if querist is Hindu. Please again read my advice which specifically mention the querist as a Muslim and guided by Muslim Personal law having no necessity of any certificate to remarry. What more is required?
prabhakar singh
(Expert) 16 October 2011
unfortunately i am not politician.IF what lies there was there then i beg your pardon to have misread the same.
Asghar
(Querist) 16 October 2011
Hello Everyone,
As per your advice I can go for second marriage and I dont need any document to do so. Also, can you please answer my other question on "I would like to know legally what steps that my wife and inlaws can take and how can I take preventive action in advance for those"
Thanks in advance!
Asghar
(Querist) 20 October 2011
Hello Everyone,
Can any one of the expert answer my question.
Thanks in advance!
Devajyoti Barman
(Expert) 20 October 2011
Yes you can very well solemnise second marriage.
It is difficult to predict what actions your wife and in laws may take but in probability case u/s 498A IPC, 125 CRPC is on the offing.
