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anil Kumar (Hr)     05 September 2020

can a muslim marry second wife

Dear Dignitaries

my self kareem married a sc woman in 2011 by Muslim marriage act.and we have kids..

after several quarrels and reconciliations we are living together still ..but now I want to marry a muslim widow ..can law permits for this..and can my first wife fill case on this issue..

Thanks in advance.


Learning

 8 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     06 September 2020

A Muslim Employee in the employ of the Government cannot practice Bigamy. 

You may refer the June 2015 Supreme Court Judgement as noted below:

 

Supreme Court Judgement

 

https://economictimes.indiatimes.com/news/politics-and-nation/government-rule-barring-2nd-marriage-not-violative-of-article-25-supreme-court/articleshow/46178182.cms?from=mdr

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     06 September 2020

Dear Omprakash jee. He did not say. He did not say anything about himself as to what he does. It is not known whether he is a Government Employee. If we just reply to that extent and the person is a Government Employee, he may think that that there is nothing wrong with his practicing Polygamy. Therefore, to avoid any confusion I added that a Muslim in Government Service cannot practice Polygamy as per his religion and quoted a news item relating to Supreme Court Judgement. I am sure you will agree that there is nothing wrong with my giving an elaborate reply.

anil Kumar (Hr)     06 September 2020

as my first wife belongs to schedule caste so is there any rights that she can file atrocitie case on me when I marry another woman..so I'm in confusion and fear if I have to face such atrocity cases in future and pls give ur valuable opinions..

Real Soul.... (LEGAL)     06 September 2020

Originally posted by : OM PRAKASH
Second marriage by a Muslim, who is entitled to four wives, is not an offence under section 494 of Indian Penal Code, 1860.

You can marry and have another wife under muslim personal law subject to conditions under any other applicable to your case.

 

Real Soul.... (LEGAL)     06 September 2020

Please stop this non sence, you cannot abuse anyone like that,don't use foul language here.

P. Venu (Advocate)     06 September 2020

If the author is Kareem, how is that the profile is that of anil kumar?

P. Venu (Advocate)     08 September 2020

Mr. Mohsin:

Kindly avoid abusive language in platform of the standing of LCI. Yes, I do concede that the observations of Mr. Om Prakash is out of context and inappropriate. 

Kindly realise that the dignity of this platform cannot be compromised by the frustrations of some individuals, however high they may be.

mohsin   08 September 2020

Appologies Mr.  Venu, but some people understand only one langugae...I am sorry if you felt disturbed.


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