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ketu kikitab (am)     20 April 2013

Documentary proof for existing marriage

Dear Members,

I want to know if a person who is a muslim an having an existing marriage & done 2nd  marriage married under Special marriage act which i came to know is nullified ...but i how we can prove that his marriage is existing,  we came to know from our own refrences that the same is still contnuing his earlier marriage ,can any one inform me how can collect such documents.

- can we take police to his wife or any relative & take a statement, whether ploice statement  is  valid in court it will be a possibility wen we  file a divorce case of null or void maariage.but the person who had given statement who has given statament changed his statement that he has done under presuure what we will do.

-what is processs of divorce in muslim is there any certificte is given after divorce, 

-how the muslim person can defend that he has given a divorce to his existing marriage & date of divorce.

-what are the alternate options available for the same.



Learning

 2 Replies

ketu kikitab (am)     21 April 2013

Can any body please reply.. will be great help..

Adv.Vandana Vaidya (Advocate & Regd. Patent Attorney)     09 August 2013

The law in India says, “NO Muslim marrying under or getting his marriage registered under The Special Marriage Act, 1954, can marry a second wife during the lifetime of his spouse.” However, in your case, this Muslim man already has a wife prior to his marriage under the Special Marriage Act. Under this religion, polygamy is allowed and Muslim man can marry up to 4 wife’s.

So your attempt to prove, he has wronged you, cannot be valid. Marriages in Mulims are called NIKAH and it is contract between the man and his wife. This is done in presence of a Kazi and a a NIKAHNAMA is issued by him, which is a marriage certificate.


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