Second marriage - under islamic personal law india
Annonymous
(Querist) 22 August 2012
This query is : Resolved
Hi,
I am from Muslim community and working professional. Mine was love marriage and it's been 3 years over now, but we have always been in difference with each other due to my wife doesn't like my parents. She creates small issues out of no issue matters and make big fight and goes to her parents house. She has been staying in my in-laws house due to difference in our shift timing and staying in her parents house after 1 year of marriage and i.
My parents stay in my home town and visits twice or thrice a year for few days. I have 1 year son from my wife and have bought apartment on loan (both are borrowers as she is also working) and i have been paying the EMI's from my account. She created fight and her parents have taken from my house. I want to know whether i can get second marriage without her consent. I have attached file with complete situation.
Sudhir Kumar, Advocate
(Expert) 22 August 2012
Please consult Fatwa-e-alamgiri.
I hope you ar enot Govt employee.
ajay sethi
(Expert) 22 August 2012
The permission to take more than one wife is made conditional, that is , he
should be able to deal justly with all the wives. The prophet has permitted
polygamy and has limited it to four. But it has been further ordained to
deal with them justly in matters of food, dress, residence and cohabitation
without discrimination, irrespective of whether one is rich or poor, high or
low. It is not permissible for a man to marry more than one woman if he
apprehends that he will be dealing with them unjustly or that he will be
failing in respecting their rights. If he is able to fulfill his duties to three
but not able to fulfill his duty towards the fourth, then the fourth marriage
is prohibited for him. If he is able to fulfill his duties to two but not able
to fulfill his duty towards the third, then the third marriage is prohibited
for him. Likewise, if he is able to fulfill his duties to one but not able to
fulfill his duty towards the second, then the second marriage is prohibited
for him. This is what the Quranic verse establishes: "Marry two or
three or four women of your choice. If you fear that you will not be
able to do justice to them, then marry only one.
ajay sethi
(Expert) 22 August 2012
The Supreme Court had occasion to consider a question which is relevant
in this context in the decision reported in Subanu alias Saira Banu v.
A.M. Abdul Gafoor, A.I.R. 1987 S.C. 1103. The Apex Court held that
right has been conferred on the wife under the Explanation to Section 125
(3) Cr.P.C. to live separately and claim maintenance from the husband if
he breaks his vow of fidelity and marries another woman or takes a
mistress. The Explanation is of uniform application to all wives including
Muslim wives whose husbands have either married another woman
otherwise than in accordance with the teachings of Quran or taken a
mistress. The Apex Court further held that in this connection, any offer to
take the first wife back cannot be considered to be a bona fide offer unless
the husband offers to set up a separate residence for her, for a husband
who marries again cannot compel the first wife to share the conjugalhome with co wife
so if you are bale to keep 2 separate household then marry again
Santosh Goswami,Advocate
(Expert) 22 August 2012
According to personal Muslim Law a muslim man can keep 4 wives at a go.So, you can contract second marriage for sure. But its equally true that you have to be ready to pay her maintenance.
