my husband second marriage intercaste
vanaja
(Querist) 22 April 2015
This query is : Resolved
Respected Experts
im a born christian(st). but married a muslim guy as per muslim religion nikha.
We had a kid 3 yrs.
Now my husband left me in my matrimonial house and he left other state and not respinding to phone.
He is telling he will divorce me by talaq.
Now wat can i do & one more thing he is planning to marry other muslim girl, so do i have any rights to stop that marriage??
Wat can i do , here laws are favor fr him as per muslim law..
I hope experts will advice me properly to take initiatives as my parents are not taking intrest.
kavksatyanarayana
(Expert) 22 April 2015
Consult a local lawyer with all proves you have that your marriage was done, and follow his advise.
Advocate Kappil Cchandna
(Expert) 22 April 2015
Mam,
Your marriage under Muslim law how come if you are a Christian, it is supposed to be under the Special Marriage Act....
In Muslim law man has a right to have four wife's so you cannot stop him from doing that ..... Yes you can have other rights like maintenance and other laws which are given to women .....
Warm Regards
Kapil Chandna Adv 9899011450
P. Venu
(Expert) 23 April 2015
There is no way you can stop him. However, he requires due permission if he is in Government service.
SAINATH DEVALLA
(Expert) 23 April 2015
Have U converted yourself completely to Islam, if so according to Islamic laws of marriage, a man can remarry to another girl without taking any permission from the first wife in need. If you have a nikahnama on paper, it should not have any loose point or condition written on that which can be misused in any court.
UR heading says "My husbands second marriage intercaste" what do U mean by that
Guest
(Expert) 23 April 2015
Your information is quite insufficient about the law and process adopted in conduct of your marriage in order to help form any appropriate opinion.
SAINATH DEVALLA
(Expert) 23 April 2015
If U have converted to Islam as per Islamic rituals, U cannot mention that U R a born Christian,U are as good as a true muslim.
U have not answered this:
UR heading says "My husbands second marriage intercaste" what do U mean by that
vanaja
(Querist) 23 April 2015
iam born christian,bur for the purpose of marriage i revert to Muslim and our marriage was solemnized as per Muslim rituals,
we had a kid and he left me in my mother home 6 months back,and responding to any call and messages
so now please tell me
1.How can i stop him from second marriage,
2.Other quiery is if he gives talaq 3 times will it be valid.
so now can I file case on him regarding second marriage,and triple talaq or any other cases,
is there any chances through law for bringing him back and to protect my marriage.
SAINATH DEVALLA
(Expert) 23 April 2015
I am not contradicting UR present caste, but as U have become a muslim for the sake of marriage and as long as UR marriage exists U shall be deemed to be a muslim, as per Islamic Law.
U cannot stop him from marrying for the second time as Islam permits it.So presently UR living separately along with UR child.That gives him more freedom for a second wedding.
As far as talaq is concerned,if he does it without arbitration procedure U have the right to challenge it.Has the Nikhanama been written on a document duly witnessed.To be valid it has to be witnessed by two people each from both the sides and attested by the Khazi performing the marriage.
Guest
(Expert) 23 April 2015
There seems no chance.
Dr J C Vashista
(Expert) 24 April 2015
I agree with experts advise, no one can stop him from pronouncement of triple talaq or remarry (thrice) during subsistence of this marriage, it is valid under muslim personal laws.
Biswanath Roy
(Expert) 27 April 2015
Islamic Divorce prescribes waiting period. Does your husband allowed 'waiting period'?
Are you Sunni or Shiya ? Because muslim divorce of sunni & shiya have some difference.
For Muslim Divorce- certain steps are to be taken before divorce,- to ensure that all options have been exhausted and both parties are treated with respect and justice. Each partner in the muslim marriage has certain right.
Whether above steps were taken up in your case?
T. Kalaiselvan, Advocate
(Expert) 01 May 2015
While I go by the views and opinions of all experts, specially to that of learned senior counsel respected Roy Sir, you can be aware that despite he has rights to marry another female while the previous marriage subsists, as per Muslim laws, if he is a government servant, he is prohibited from doing so without taking permission of the government, he cannot simply say triple talaq and escape the marital obligations especially in view of the latest supreme court observations on the divorce of muslim men by Triple talaq method, also few women protection laws are in your favor b which you can put pressure on him against proceeding with his proposal. Consult a local lawyer.
