Muslim husband want to marry again
Niny
(Querist) 02 April 2012
This query is : Resolved
My muslim client, facing 498 & Domestic violence cases. He do not want to keep this wife any more.
Can he marry another Muslim girl, when case of Residence etc going on? How many months he have to pay maintenance to 1st wife? is it 3 months iddat period or more?? There is no children and marriage lasted for one year only.
Shonee Kapoor
(Expert) 02 April 2012
The maintenance would not be restricted to 3 months iddat period now.
However, he can marry, the first wife would get an additional ground for Khula if he marries.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 03 April 2012
He can marry and period for paying maintenance shall be extended til his first wife remarries of her life.
Nadeem Qureshi
(Expert) 03 April 2012
Dear Niny
according to Muslim Law, she has right to maintenance till iddat period but according to Indian law specially section 125 Crpc she can claim maintenance till remarry again.
you client can re-marry again, he has right according to Mohhamadan Law.
feel free to call
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 April 2012
Yes now even for muslim grooms also section 125 is hanging sword, though law provides some safeguard that both should agree for crpc 125 but it is rarely followed.
Deepak Nair
(Expert) 03 April 2012
He can surely marry another woman during the pendency of the ongoing trial.
Adv.R.P.Chugh
(Expert) 03 April 2012
It's the wife's call now she can file it u/s 125 CrpC directly though there is specific 1986 legislation. She is entitled to maintenance until her re-marriage. And marrying another woman is not your client's RIGHT - people who know the fundamentals of ISLAM would tell - it's something that is accepted unwillingly not approved at all, and that too only one one condition that you treat them all equitably which is humanly impossible. Apart from maintenance the wife has right to i)dower ii) Istridhan iii) Child's care expenses under 1986 Act.
Apart from that your second marriage is a ground for her to take divorce under the 1939 Dissolution of Muslim Marriage Act.
V R SHROFF
(Expert) 03 April 2012
HE CAN MARRY AGAIN.
Mtn u/s 125 cr p c apply to all citizen of India,
So she can claim maintenance for herself during her lifetime or till she remarry.
Sankaranarayanan
(Expert) 03 April 2012
Yes he can marry according to muslim marriage act and only thing the first wife can get additional khula
SAINATH DEVALLA
(Expert) 04 April 2012
Dear Niny,
According to Muslim Marriage Act he can marry again,which a woman cannot do so.
But I feel pendency of 498 A and 125 may come in the way.
Iddah is obligatory upon women after divorce. However, observing Iddah does not hinder any kind of work. The only restrictions that apply are: a) Not to marry (or to even commit marriage with) any person before the expiry of the Iddah; and b) Not to conceal pregnancy i during the Iddat Period.
Besides these two points, another restriction, which seems quite unlikely under circumstances, is to continue living with husband till the expiry of Iddah. During the time of Iddah, it is the husband's responsibility to continue providing expenses and day-to-day normal requirements.
It is obligatory upon the husband to pay Mehr to the wife. If the husband fails to do so, and the competent legal authorities do not force him to pay the Mehr, then he shall be held accountable and responsible for doing so in the hereafter.
