Reg Divorce and second marraige
farooq
(Querist) 20 August 2010
This query is : Resolved
Hello All,
We are Muslims. My brother married two years ago, Her wife had some Gynecology problem and she cant have children. So our family members decided to remarriage again, first she accepted for that now after talking with their family members she is against it and now she said she will not give divorce and will book a case on all of us for torturing her.
How can we get out of this Please Help.
Can we get divorce due to her inability to become a mother or can my brother can marriage another women?
Regards,
farooq
s.subramanian
(Expert) 20 August 2010
Since you are a muslim,polygamy is recognised in Islamic law. No divorce is required to marry again. The inability to bear a child cannot be a ground for divorce.
farooq
(Querist) 20 August 2010
Thank you for the quick reply but for that we don't need the first wife's approval for the marriage? What about the case she is booking on us? doesn't that count?
Devajyoti Barman
(Expert) 20 August 2010
The making of another marriage is no ground for lodging a case for the Muslims. Moreover if you indeed want to marry again after divorcing her then you could easily do that by giving 'triple talaq' to her.
If she wishes she could anyway file cases against you all under DV Act, u/s498A, 406 etc if IPC.
G. ARAVINTHAN
(Expert) 21 August 2010
first settle her, then go for marriage.
farooq
(Querist) 21 August 2010
Thank you Mr Devajyoti Sir for the quick reply, means he can have another marriage without her approval? the case doesn't count? and what is DV Act, u/s498A, 406 etc if IPC? so how can we get out of this as we didn't do anything just after talking this issue she went to their home and black mailing us if my brother will go for another marriage she will book case on torturing for money which we didn't do.
Mr Aravintham we tried to do that, we said that she will have separate house and provide all the facilities and she will be treated the same way but we don't know may be due to her ego she is not listening to us.
Regards,
Farooq.
c n vittal rao
(Expert) 26 August 2010
Approval of first wife is must for a valid second maraige in muslim personal law
