Can i register my 2nd marriage
john
(Querist) 02 March 2012
This query is : Resolved
i was married to a foreigner who was a muslim ,we are not living together for past 2 years and we both wanted a divorce ,my lawyer told me that i can divorce via kazi and kazi issued me a divorce certificate ,i would like to know is it valid for court use or it does not hold any validity ,now i have a girlfriend who was working with me and she is a foreigner too i want to marry her she is a muslim too can i marry her and register my marriage by using my talaqnama.please let me know.as my first wife has signed the separation agreement and she does not want anything from me ,and she supports me in this .my lawyer said talaqnaama is a vald document in india as courts accepts it .
Nadeem Qureshi
(Expert) 03 March 2012
Dear John
as per you user name you are Christian if yes then you have no right to go for Qazi, this rule applicable only upon Muslims. if you are a Muslim then you can go, there is no need to accept by her or not.
the question is that if you are Muslim, you are sunni or Shia, because the rules are diffrence.
feel free to call
Kirti Kar Tripathi
(Expert) 03 March 2012
whether earlier marriage was solemnization according to muslim law and whether at the time of marriage both parties were muslim, if not, document issued by Kazi is not legal. unless you are not legally divorced, second marriage is illegal.
john
(Querist) 03 March 2012
dear sir both parties were muslim.and i am a muslim too.what i wanted to know was that is the qazi issued divorce certificate legal in india does it hold any validity .as per my lawyer he told me that it does have a validity.and i would like to know that can i register my second marriage with that divorce certificate.
john
(Querist) 03 March 2012
i am sunni muslim and both parties are muslim and my 2nd wife is a muslim too .
Raj Kumar Makkad
(Expert) 03 March 2012
The opinion of your lawyer is accurate and legal. You can get registered your second marriage as sought.
Deepak Nair
(Expert) 03 March 2012
As per muslim law, a man can remarry even without getting a divorce from his first wife. But, the condition is that he shall inform the same to his first wife and he shall treat both the wives equally and he shall be in a position to maintain both the wives.
Thus, in your case, you are free to marry again even without divorcing.
john
(Querist) 03 March 2012
dear sir in this case divorce have been taken place already ,its just the talaaqnama i was concerned about if i can use it to register my second marriage ,as my ex wife and my current wife are foreigners,and co operative with me .so what my lawyr did is right thing.and i can register my second marriage now as according to muslim law i am a divorced person.but will the marriage registrar accepts talaqnaama for registering a marriage?
Deepak Nair
(Expert) 03 March 2012
Yes. Definitely the registrar will accept the talaqnama as it is duly esecuted through a Kazi.
prabhakar singh
(Expert) 03 March 2012
Your lawyer holds correct opinion.
All that you have stated is legally possible.
john
(Querist) 03 March 2012
thank you to all of you gentlemens.
Shonee Kapoor
(Expert) 04 March 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Deepak Nair
(Expert) 07 March 2012
You are always welcome Mr.John.
