Can i go for second marriage ???
anil Kumar
(Querist) 24 April 2013
This query is : Resolved
HiÂ
iam mohammed ameer khan .iam MuslimÂ
i married a christian girl in 2011after she accepted islam .the marriage was according to islam called Nikhah.
But soon after the marriage i came to know about her .as she was very agressive and not obedient and used to be angry every time.she is not giving respect to my people and more over she is not behaving properly.many counssellings are over by several people.but no change in her .and surprisingly her parents are supporting her..
my question is can i go for second marriag?if i marry another girl will the first wife will have any chance to go legally?according to indian law .about me .as she is not accepting for divorce.and she is not ready to leave me .but one thing iam not able to live with her as her behaviour was not good and i was totally becoming mad by thinking about her.
so please consider my request and do me need full.
ameer khanÂ
India
* Asked by MohammedÂ
* 1 week agoBest Answer
Raj Kumar Makkad
(Expert) 24 April 2013
A Muslim woman cannot marry more than one husband. If a woman marries a second husband, she is liable for bigamy under Sec.494, Indian Penal Code and the issues of such a marriage are illegitimate.
In India no Muslim marrying under or getting his marriage registered under The Special Marriage Act, 1954,can marry a second wife during the lifetime of his spouse.
Absence of proper witnesses: It is essential amongst the Sunnis that at least two male witnesses or one male or two female witnesses must be present to testify that the contract was properly entered into between the parties. The witnesses must be of sound mind, adult and Muslim.
In Shia Law, a marriage contracted by the spouses themselves or their guardians in private are held valid. Presence of witnesses is not necessary.
Differences of religion: A Sunni male can marry a Muslim female (Of any sect) or a Kitabia. Marriage with the Kitabia, i.e. a woman who believes in a revealed religion possessing a Divine Book viz Islam, Christianity and Judaism is valid under the Sunni Law. But he cannot marry an idolatress or a fire-worshiper. A marriage, however with a idolatress or a fire worshiper is merely irregular in Sunni Law, but void in Shia Law. A Muslim woman cannot marry any man who is not a Muslim, whether he is Kitabia (i.e. man believing in a revealed religion possessing a divine book) or not . According to Mulla, a marriage between a Muslim woman and Non-Muslim male is irregular. But according to Fyzee, such a marriage is totally void
prabhakar singh
(Expert) 24 April 2013
Q."i married a christian girl in 2011 after she accepted islam .the marriage was according to islam called Nikaah."
A.Then you can marry(Nikaah)a second one.But if you choose to do so without her(former's) consent she may claim maintenance.
Rajeev Kumar
(Expert) 24 April 2013
As your wife converted into muslim from christan before marriage and marriage was solemnised according to muslim rites called nikah. According to muslim law you can perform second marriage but if you do so without her consent then she may claim for maintenance.
anil Kumar
(Querist) 24 April 2013
can she have right to arrest me or proceed legally???
prabhakar singh
(Expert) 24 April 2013
She does not have right to arrest you as the right to arrest does not vest in any individual.
But you can not escape her fires of 498a or dv or 123 she triggers against you.Defending them would be only option left with you.
Raj Kumar Makkad
(Expert) 24 April 2013
I want to just correct section 123 with section 125 in the reply of Mr. Singh.
