Muslim second marriage registration in special marriage - passport purpose

Guest (Querist) 16 March 2016 This query is : Resolved
Dear Sir,
My self private employee. Performed Muslims marriage in 2008 and
NOT REGISTERED in the special marriage, first wife DVC is pending not given Talak to the first wife and not applied for divorce and her name also not included in the passport.

Two years ego, I got married to another Muslim girl with Islamic way. I wish to register the second marriage in special marriage act for the purpose of passport and to include directly second wife name in the passport. Passport office is stating registration of the marriage is compulsory.

my question is

1. in the special marriage registration form there is one question which is to be signed by both husband and wife "HUSBAND IS UNMARRIED/MRRIED/DIVROCED ---?"

As I do not have first wife death certificate (since first wife alive) or divorce decree or talak, can I state that I am unmarried and register the second marriage as if it is first marriage?
2. After signing of the form only, a Muslim will come under the civil law.or his entire life is under civil law?

Many thanks to this forum members.

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Kumar Doab (Expert) 16 March 2016
NO and Must not.

The false information given for getting passport can indeed haunt you anytime.

Devajyoti Barman (Expert) 17 March 2016
You have to say married. Since you are Muslim there is no hindrance to marry second time without divirce. But since you are registering second marriage under Special Marriage Act, you have to first obtain Talaq beofre you could register second marriage.
If you perform second marriage under Sharia law then there is no issue.

Adv. Yogen Kakade (Expert) 17 March 2016
Rightly answered by mr. barman

Rajendra K Goyal (Expert) 17 March 2016
Agree with the expert Devajyoti Barman.

Guest (Querist) 18 March 2016
I implies that

I have to loose my Muslim rights settle all legal issues either legally or religiously then register under civil code and officially convert to non-muslim to get the benefits of citizenship of India.

Also face consequences of giving Muslim talaq with crpc 125 and DVC fearing one time alimony as registering second marriage make first wife a reason for not joining husband even though she is proved fraud from the judgment of 498a.

Is this the Law that I need to respect(?), then get passport and perform Muslim Haj (pilgrimage).

I am happy with the replies from the respected members.

any other suggestions please.

Many thanks.

kavksatyanarayana (Expert) 18 March 2016
follow the best advice given by Mr.Barman sir. You should obtain divorce decree from court of law and then only get the 2nd marriage registered under Spl.Marriage Act.

Guest (Querist) 21 March 2016
Talak is sufficient (or) divorce decree is must for Muslims to register the second Muslim marriage in special marriage.

thanks.

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