Bigamy

under muslim law consent of wife is not necessary for husband to get marry,husband can marry upto 4 wives at once.

yes yopu are entitled to get maintenance and your child too,you

 can file 498 aif any such problem is a=therefeel free to

call on 9459321520

But can I file a bigamy case? because my lawyer he too a muslim says we will a bigamy case. He is a different city and I m in a different city, i can atleast make him travel for the cheating he did to me?

What do you meen by can file 498a ?

She is asking about bigamy which you are replying correctly by stating nature of Muslim Husband's rights to have maximum 4 wives and then you are also suggesting about can file 498a !

Where is hint of 498a in this enquiry ?

That is why today 498a is become so cheap when left - right every advocates suggest on all cases of personal religious followed by either gender to can file 498a without application of mind.

She being muslim has problem of not accepting another muslim wife being herself Muslim married to a Muslim Husband and for that 498a kamal hai bhai !!

PS.: Two years old Apex Case ruling upholding “bigamy" case of a Muslim being a State Govt. employee in ref. Mr. Liyaqat Ali based on Service Rules of Government of Rajasthan 1971, 25 (1) is on totally different footing. It is still highly criticized by Muslim Personal Law Board on the grounds of encroachment by Hon'ble Apex Court on Indian Muslims Personal laws. Unless the queriest spells here that her Husband is employed with Rajasthan State Government then only we can talk further on "bigamy" otherwise no case of bigamy is made out here.


Also it is difficult for non Muslims to understand concept of 4 wives allowed as per religious freedom of an Indian Muslim Husband here in India.

A muslim man is permitted to have 4 wives at a time, permission or consent of existing spouse is not required. Hence bigamy does not come into question until the 5th wife. As regards maintenance if a husband has married twice - the first wife can seek to live seperately and ask for maintenance. The Child is always entitled to maintenance. 

Under Miuslim law bigamy is not crime.

Under Miuslim law bigamy is not crime.

If you file a case first let us say for divorce,maintenance , pendente lite in a civil court of your district and subsequently if he files a case in his State then the later (in this case your ex husbnand's case shall have to be transfgerred to the Court where you have filed a case

Dr Anand Gupta

Amateur  Legal Research

@Ashish

you are advertise here and showing the way of filling false 498a to a women.

its unethitical as you are lawyer.

Let us not forget Mutha marriage  which is over and above the four permitted at a time

Dr Anand Gupta

Amateur  Legal  Research

@alexander, wat is the meaning of Mutha Marriage?

Is it not unfair to lady when her husband perform second marriage without a valid reason (in my cousin's case it was love affair). The husband can easily make the affair/adultary by just perfroming marriage. The basic issue is he could perfrom second marriage secrelty somewhere so the first wife can't  even prove it.

We have to live wid hanicaps of Indian Laws. If husband starts live-in without getting divorce, he is saved as far as 2nd partner is non-complaining!

And u know, nobody can force the non-intersted spouse to cohabit with the other

It has been explained by several members above about the validity of second marriage by a muslim male and rightly said that it does not attract the penal provision of bigamy in India.  About the right to maintenance for the first wife and children borne out of that relation also explained in the above responses.  One advocate said that the first wife has got right to file Section 498-A case and some members pounced upon him and some attributed malafide intentions to that particular advocate.    Whether the first wife can bring the charge under Section 498-A against the muslim husband is the most important question that has to be understood in broader sense keeping in view of our secular penal laws prevailing in India.  Before answering that question, we have  to remember that even in muslim religion, the husband has to treat all his wifes equally and fairly.  That obligation has been already put on muslim husbands, who go for bigamy, trigamy and quadragamy.  But this principle is quite often violated with impunity.  Let it be so, we cannot divert from the topic that whether a muslim wife can file a case of Section 498-A against the husband who has gone for second....third and fourth marriage.  My answer is categorically YES.  The reason is very simple.  Section 498-A offence is not just related to harassment connected with the dowry.  The mental harassment or physical harassment unconnected with dowry demand also attracts the provisions of Section 498-A.  A muslim woman is as normal as any other woman belonging to other religion.  If husband brings second woman in the house, the action is itself a "mental cruelty" to the first wife.   The secular courts cannot say to a muslim woman that as you belong to muslim community, if your husband brings second wife, it is not mental cruelty against you and on the same breath the same courts say to a hindu wife that if your husband brings a second wife it is mental cruelty against you.  If bringing second wife is mental cruelty, It is mental cruelty to Hindu wife as well as muslim wife.   Courts cannot say that victim of bigamy can bring charges under section 494 only and she is barred to bring Section 498-A against the husband on the ground of mental cruelty.   Religious sanction for bigamy cannot erase the mental cruelty faced by the muslim wife.  If she proves that the second marriage of husband (may be his is a muslim) is itself mental cruelty against the first wife, the first wife can certainly invoke the provisions of Section 498-A.   After marrying the second time, if the husband perpetrates any physical violence against the first wife for her disapproval of his second marriage, it will become additional ground in Section 498-A case.  At the end I say that Section 498-A does not discriminate the women on the basis of their religion and hence a muslim woman can invoke the provisions of Section 498-A on the sole ground that husband's second marriage is itself perpetration of cruelty against her.  It requires sensitivity towards women's problems to take up such issues before the courts effectively.