Special marriage act 1954

rajveer (Querist) 26 October 2012 This query is : Resolved
i am a hindu guy.in 2005 i got married to a muslim girl under special marriage act 1954.but in 2007 she got married(nikah) to a muslim guy forcefully by her parents.but now she wants to come back to me.is her nikah legal?what shoul we do?please suggest.

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Devajyoti Barman (Expert) 26 October 2012
Since she performed nikah without divorcing you, the same is void.
A null and void need not be decreed by court. Take her back and live happily.

rajveer (Querist) 26 October 2012
sir that means her nikah is meaningless.that doesnt exist.

rajveer (Querist) 26 October 2012
sir what action should we take as precaution?

Adv.R.P.Chugh (Expert) 26 October 2012
1. She has committed the offence of bigamy - for which you or her second husband can prosecute her.

2. Her second marriage is non est in the eyes of law.

3. You can get her into signing an agreement with you admitting all these things in order to safeguard yourself for the future.

rajveer (Querist) 27 October 2012
sir can her parents give police complain against me?

rajveer (Querist) 27 October 2012
i am a hindu guy.in 2005 i got married to a muslim girl under special marriage act 1954.but in 2007 she got married(nikah) to a muslim guy forcefully by her parents.but now she wants to come back to me.is her nikah legal?what shoul we do?please suggest. is her marriage null and void?can her parents give police complain against me if i will bring her?should i go to police when she will come to me?

Rajeev Kumar (Expert) 27 October 2012
No can't make a police complaint against you as you have married with the free consent of both party registered under special marriage act and your wife is in your favour. Rest our ld. experts have guided you well.

V R SHROFF (Expert) 27 October 2012
FORGET HER NIKAH. IT IS VOID.

You can initiate criminal action against a man who took away ur wife.

You are safe, and you can live life happily with her.

Get her Affidavits ect. as suggested by Experts , to further safeguard ur self, and for further action against the man.

R.K Nanda (Expert) 27 October 2012
no more to add.

Guest (Expert) 27 October 2012
If already married under the provisions of Special Marriage Act, her nikah, itself was illegal. Even if her parents make police complaint against you, case in your favour is quite strong. Police cannot take action in view of your legal marriage. You can show your marriage certificate to the police when that visit you on complaint by her parents.

Devajyoti Barman (Expert) 27 October 2012
Rajveer why have you repeated the same query in this thread?
It is already replied with enough detail.

ajay sethi (Expert) 27 October 2012
repeated query no reply

rajveer (Querist) 27 October 2012
thank you very much for all your advices.to prove her marriage is void what i have to do?plz rp kindly Barman sir.

Raj Kumar Makkad (Expert) 27 October 2012
You have already been advised in the similar language so why are you raising the similar query again and again?

K.K.Ganguly (Expert) 29 October 2012
You do not have to do any thing other than taking your legally married wife to your house & live happily ever after.

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