2 marriage allowed in Muslim
Shaukat
(Querist) 20 November 2017
This query is : Resolved
Hello
I have a girl freind she is a Muslim Nd we love each other but my family is not ready to accept her and they have selected another girl for me.
But we have done the registered marriage without telling to anyone and now situations has gone worst in my family they want to marry me to the girl to whome they have choosen
So there is any offence or what should I do ???
Vijay Raj Mahajan
(Expert) 20 November 2017
If you got married under the Special Marriage Act,1954 than sorry you cannot marry another Muslim woman unless you get the first marriage dissolved by decree of divorce from the District Family Court, even if you are Muslim and allowed 4 valid marriage according to your Shariat law.
Your marriage certificate issued by Registrar of Marriages has to be checked to confirm the form of your marriage and under which law it was registered.
Vijay Raj Mahajan
(Expert) 20 November 2017
In case your first marriage is under the Special Marriage Act and you remarry another Muslim woman according to Shariat law you can be held liable for offence of bigamy and can be prosecuted for the same under section 494,495 IPC.
Although as a Muslim you can have 4 wives at the same time and not prosecuted for bigamy or polygamy but those marriages should be according to Muslim Shariat law none under the Special Marriage Act, 1954.
Shaukat
(Querist) 20 November 2017
Thanks a lot for your information
So what will be the punishment
And if second wife have not any issue she ready to stay then there is any problem
Vijay Raj Mahajan
(Expert) 20 November 2017
If both women ready to live with you without filing criminal complaint against you for bigamy than its fine go ahead. However the sword will keep on hanging on your head as in future if either of them gets in any matromonial dispute with you, the very first thing her advocate will advice her to file criminal complaint against you u/s 494, 495 along with 498a and 406 IPC.
Sudhir Kumar, Advocate
(Expert) 21 November 2017
what will thepunishemnt you asked?
first wife can file bigamy.
second wife can file cheating case (if your parents know about first marriage they are liable as abettors)
second marriage as stated above will not be valid and you start living with that lady making her to believe that she is lawfully wedded wife then you land yourself in rape chare.
Nadeem Qureshi
(Expert) 21 November 2017
Dear Querist
Being a Muslim you can perform second marriage without any tension but if the first marriage was solemnized as per special marriage Act-1954 then you can not performed second marriage, if you will do then you committed an offence U/s 494 of IPC. but if after Nikah you done your marriage registration Under special marriage then you can perform second marriage because your marriage was registered under the special marriage act and not solemnized.
before going to perform second marriage you should informed to her about your first marriage otherwise you may also committed an offence U/s 495 of IPC.
495. Same offence with concealment of former marriage from person with whom subsequent marriage is contracted.—Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonÂment of either description for a term which may extend to ten years, and shall also be liable to fine.
so if your first marriage is not performed as per Special marriage Act, then go ahead otherwise refused the same to them.
remain you know very well about the consequences of your act.
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Nadeem Qureshi Advocate
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