Divorce
Ali
(Querist) 28 June 2012
This query is : Resolved
Hi,
I am muslim boy from gujarat,I got married 1 year back , in May 2011 and have one baby boy, my problem is that My wife is at her mothers house, I contacted her several times, but she is not ready to come and also she is not ready to give me divorce, now its 4 months she left me, now I am looking to marry another Muslim girl , Kindly advise me the best way to get out of this,
And my marriage was done according to Muslim shia traditions, and not registered at court.
Will it create any problem if I marry another girl without giving Divorce to first?
SAINATH DEVALLA
(Expert) 28 June 2012
Ali,
You want to break your marriage of just one year old,whatever the reasons may be.Though your wife may be wrong by staying in her parents house for the past 4 months,try to convince her of marriage values than immediately opting for another marriage which will lead you into even more severe troubles.Hence have patience and arrange for a councelling of both yourself and your wife,which could show positive results.
Adv.R.P.Chugh
(Expert) 28 June 2012
Yes, being a Muslim limited polygamy is allowed i.e you can have 4 wives simultaneously. On your marrying for a second time, your wife can :-
a) Seek divorce on the ground of cruelty - cruelty being sharing husband with another woman;
b) Seek maintenance/mehr etc even staying apart; you won't be in a position to ask her to come back and live in defence of her maintenance case - she would be entitled to live apart and seek maintenance;
c) there is a general tendency of women implicating their husbands and families falsely in 498a/406 as well ; be on the watch for that.
Hence it is better before marrying file an RCR - Restitution of Conjugal Rights - which is in effect a litmus paper test of your marriage, this would somewhat protect you later.
Feel free to talk !
Kiran Kumar
(Expert) 28 June 2012
you have an advantage to pronounce TALAQ as per the Muslim Personal Laws which can be well explained by some Religious Head.
Ali
(Querist) 29 June 2012
Thanks you all for your advise,
Mr. Bharat, can you pls explain RCR in detail?
Ali
(Querist) 02 April 2013
hello. i am a muslim boy. married in 2011. my wife lived with me for hardy an year. i had one kid now. after shr left i tried to bring her back many a time but she refused.
then I remarried. Now my first wife file a case against me 125 for maintenance. my lawyer put a reply that i am not married and still ready to bring her back. Now they brought a proof of my second marriage in writing and sign of kazi who did my second marriage.
My Question is what should me my next step
pls guide. thanks
Raj Kumar Makkad
(Expert) 02 April 2013
How have you awoke all of a sudden after a long gap of abt 9 months?
Raj Kumar Makkad
(Expert) 02 April 2013
You have made a wrong statement before the court deliberately which constitutes prejury. It shall be better to admit her claim for maintenance instead of opposing it otherwise she has solid proof against you making cheating with the court.
Ali
(Querist) 02 April 2013
thank you Mr.Makkad
thanks if you can explain bit more in detail about what should be my next statement.
Sudhir Kumar, Advocate
(Expert) 03 April 2013
other query is http://www.lawyersclubindia.com/experts/muslim-second-marriage-382786.asp#.UVv_JTchHfM
