Typical query !!

Querist : Anonymous (Querist) 08 September 2011 This query is : Resolved
sir,
a small query iam a muslim who divorsed my wife 2years back and she approached the High Court and the Hon'ble court granted temorary injunction and restrained me for going for 2nd marriage..after vacating the interim orders i performed the 2nd marriage now she has filed a contempt of court agaist me stating that she has a time to appeal till 30days till completion of the 30days if i perform it will a contempt... i performed marriage when there was no interim orders existing...pls give any judgements regarding to get out from the trap.
" can the Hon'ble magistrate can restrict me for marriage as iam a muslim" and i divorsed her 2years back and she is no longer my wife.....can the magistrates involved in the personal laws ?

thanks

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Devajyoti Barman (Expert) 08 September 2011
Magistrate of high court?
First make it clear.
Whatever be the court since the muslim male in India is governed by Sharia Law as far as his personal law is concerned entitling him to keep four wives at a time, the case filed by the wife would not meet success.
So do not worry.

Raj Kumar Makkad (Expert) 08 September 2011
Your similar query has been well replied many days ago and you are raising similar query again and again. Experts are almost same so reply shall also be on the same lines so no useful purpose will be serrved even now.

M/s. Y-not legal services (Expert) 09 September 2011
I am also thinking that you are in safe hands.. But if your second marriage should be under muslim law.. If its under special marriage act mean its not valid marriage. Just clarify it with your advocate

prabhakar singh (Expert) 09 September 2011
Let it be MAGISTRATE or HIGH COURT, anomaly of absence of an uniform civil court is an other issue,the point here is that law in this country allows a MUSLIM to practice BIGAMY as per his personal law,then he can have 4 at a time,then question is whether the court had jurisdiction at all to entertain such a petition.In my view NO.The court inherently lacked the jurisdiction to entertain a petition like that hence order would be treated without jurisdiction hence no contempt can proceed is my view.

pawan sharma (Expert) 09 September 2011
in this query it is well point out by Mr. Tom, if the ist marriage was performed under special marrige Act then will be a case of bigamy. if no so, the position is defer as stated by dear Prabhakar Ji.

Querist : Anonymous (Querist) 09 September 2011
Dear Sirs,

Thanks for ur valuable advise.

the 1st marriage and divorse has performed accordingly muslim law.

the 2nd marriage also performed according to shariat law.

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