marrying a widow - muslim marriage
S.AROKIADOSS
(Querist) 30 May 2010
This query is : Resolved
Sirs,
My son got married in mid Jan 2009 (Christian Marriage). After two and half months, requested by them my daughter in law was taken to her mother’s place for medical attention and rest. She was conceived at that time. As assured by them, they refused to send her back after two months, saying that her health was not good (which was not true).
She is a bank employee and she was attending her office. Now it is more than thirteen months since our daughterinlaw left our place. A male child was born in November 2009. Many efforts on our side to bring her back were in vain. There were letter correspondences, allegations, counter allegations etc. They wanted my son to leave us and to live with his wife separately, which has been placed by them in writing. From day one of married life my son is not accessed to his wife’s income or any information about that. Now my son has reached a point that he should go for divorce and re-marry. At this juncture a Muslim friend approached and pleaded to marry his widow sister (having one year old son). He also said that he need not divorce his wife which may enable her to rejoin if she realizes/wishes. My son is having slight inclination towards that idea. My son is a central govt. employee.
If my son convert to Islam and marry that widow will any legal problems arise in future?
Also please answer any query which you feel that I have omitted.
Thanks
Arokiadoss
A V Vishal
(Expert) 30 May 2010
Ans. Your first daughter in law can file a bigamy case against your son for getting remarried without divorcing her. mere conversion to islam to marry is unacceptable in law, in case you go ahead with the idea you may face lot of legal tangles and criminal cases against your son not to speak about his dismissal from service since he is a CG employee.
krantiveer
(Expert) 30 May 2010
If you claim justice you should approach with clean hands.
S.AROKIADOSS
(Querist) 30 May 2010
Thanks for the experts' comments/advices
Arokiadoss
Kamlesh soni
(Expert) 30 May 2010
I totally agree with Mr. A.V. Vishal's opinion. In the case of filing cases for bigamy, only the first wife or her near relative only can file it but as far as initiating departmental enquiry by the Government, any one can lodge a complaint before the Govt. or the Govt. itself suo-moto can launch it after knowing his second marriage without prior divorce.
adv. rajeev ( rajoo )
(Expert) 30 May 2010
Your son will be in harrashment and he will have to pay for it.
Uma parameswaran
(Expert) 30 May 2010
If your son is willing to take his wife back file Restitution of conjugal Right petition before family Court or if wife is willing for Divorce file consent divorce petition.
