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Aftab4u (PVT EMPLOYEE)     12 January 2010

Injuction for helding second marriage

Dear Experts,

First of all wishing u a advance " Happy sankrantri "

My question what is meant by injuction ?

My friend is a muslim and he divorsed his wife 3 years back as per shariat law and next month he is planning to get married.

But the problem is " week back his ex-wife sent one letter stating that my friend cant remarry as she taken the injuction orders from honble court that he should not conduct second marriage.

When muslim marriages held as per the shariat law how come the court can direct him not to get married and how the court has issued the orders against the shariat law.as all the experts are aware muslims can have 4 wifes at a time and there is no need to give divorse to first wife also.

Please suggest how can we go about that as every thing is arranged and his marriage is in next month and he will leave to UK once he is married.

Will he need to face the music if he marry as per the shariat law or do we need to file any petition in the honble court so that his marriage should be not delayed or post phoned.

If he marry agaist the decesion of the law what consequences he need to face.

Pls give us the valuable suggestion so that in future also he should not be worried and next time again his ex-wife should not approach any court to make his life miserable.

Pls advice.

Aftab

 

 

 

 



Learning

 11 Replies

Hardik Mehta (Family Counsellor)     13 January 2010

Aftab,

On what grounds did she take the injuction? In the divorce was it mentioned that either parties can marry again. If this is mentioned, then this needs to be vacated. Also, since 3 years has passed, the chances of setting aside will not arise. You have to file the matter to vacate the stay as the urgent petition. If the petition is filed on the basis of the infrigmen on the religious laws, then this would be vacated at once.

Raghav Sood (Lawyer)     13 January 2010

well since the parties are governed by Mohmmadean law and Muslim male can do 4 marriages

no injunction can be granted if any granted you can get the order vacated and marry

sharmilla ram (general manager)     13 January 2010

dear aftab,

i dont think indian court has pass any order.but still i belive in world only indian court or police can pass any order coz only in india 2 month old baby has been booked in 498a case.till now muslim can keep four wifes at a time or without asking permission from first wife they can marry but still i belive very soon court will interpret some saryat law n pass the order no muslim can perform second marraige. now sc is interfering for divorce now sc will guide how to give divorce very soon sc will guide how to perform pray(namaz) n very soon sc will tell only follow one religion in this country.coz no check n balance in judicery. i will give u best example in bihar dist lakheesarya judgement from lower court hang till death punishment for drinking win.one old man he drunk .after drunk he was shooting on the street then police come n arrest him put case,next day judge send jail. he did not apply for bail.when the charge frame time judge asked did u create problem he said yes coz of drunk win.then judge asked what will be punishment in ur religion he replied death sentence n judge passed order death sentence n next day judge has retired but the problem this men is not ready to appeal n he he is ready to hang.judge has shown how judicery is helpless.if judge passed any order sc can not punish.this is big debate in lakhesarya.how save the life of that men coz without his sign no body can appeal.this is best exam which happened.so here court can pass any order.wait few years court can pass order not to prey in masjid very soon.

Aftab4u (PVT EMPLOYEE)     14 January 2010

Dear Sharmilla Ji and experts ,

Thanks for ur info , as rightly said this is india every thing can happen when 2year child can be booked in 498 then every thing is possible.......regret to say some of the lawyers has become  " LIARS" and doing unlawful activities loads of examples we can get....like ruchika etc.

When muslim board has having a shariat law then on what basis the magistrate has given the injuction orders ? is he not aware of the mohammedan law or clearly shows he has taken the bribe or he want to rewrite the muslim law. If it is not stopped now then there will be no law called "Shariat".

Straight forward question to the experts those who are mohammedians why we cant able to give reply or why we are not raising the question regarding the interference of the law in our custom. SC now interfereing in divorse now they will give some instructions marry only in the court or in arya samaj so that uniformity will be there do we need to follow ?

I respect all the religions when the law cant change a bit in HMA then why interference in shariat law ? from past thousands of  years we are following the shariat law and holy quran then suddenly why the interference of SC or so in our law ?

Pls guide me if iam wrong.

Aftab

Raghav Sood (Lawyer)     14 January 2010

law cant change a bit in HMA then why interference in shariat law ?

dear aftab HMA is also at its worst peak as it has made H  m a ragdoll at the hands of some sculprous women who knows how to use it as a weapon and inflict it on HM you are not only the victim everbody here is a victim of law in one way or other discremination and misery is at both ends

 

sharmilla ram (general manager)     14 January 2010

dear aftab,

i ve full sympathy but v r helpless with poltician n judges.most of them born bast----rd.if u r in india then why u r not asking to sc under rti.is muslim protection law 1986 exist in india,if yes then how many judgement has been pass under this law.answer will come zero.pls aftab if u can just go with rti then know the situation of act.whenever u told to court i ve given divorce so i m free from crpc then court will reply this law for all i mean secular but in 24 hma husband has to right maint from wife but in muslim law can not ask maint from wife.that time stuped court will interpeat muslim law n sayriyat.yeateday one judgement came from sc regarding gurdian of child sc gave pass order according to muslim law if mother expire then nana khala ve right for custody of child.the main problem is media n poltician n muslim coumnity.in muslim not a single leader who works for muslim.all of them goverment broker.aftab one example i would like to give u.few days back i was watching ndtv n host by barka dutt.the topic for bandee mathram.when deobandh issue fatwa being a muslim u can not worship anyone except god this is defination of islam submit of ur will to god.not land not country.so big news why deobandh said not sing.whats wrong if u remove those part no body ve problem.but some of the muslim said i dont ve problem to sing.even wine drink is haram but muslim drint it does not mean devbandh is wrong.fro sharuk khan he is paying namaz n also paying pooja infront of statu what u called he is muslim.if u keep name ahmad mohd it does not mean u r muslim.muslim by deed not by name.this is preplan to finish this religion.just pray god for good things.

Nali Seshu Kumar (SOCIAL WORKER)     15 January 2010

first lodged a caveat to the local court t for a prayer not to pass any ex-parte orders   ,the same valid 90 days .i think it is the problem not belongs to  your friend.

Aftab4u (PVT EMPLOYEE)     16 January 2010

Dear Experts and sharmilaa ji thanks for ur info,

Sharmilla Ji as per ur advise just want to clarify the below things

if u r in india then why u r not asking to sc under rti - Iam very much in india and iam ready to ask SC for RTI but i need ur help and experts suggestions how can we go ahead for the same.

but in 24 hma husband has to right maint from wife but in muslim law can not ask maint from wife - Why this partiality for only muslims ?? if it is governed by muslim law then why interference in the same.

Hope atleast now our mohammedan experts will come forward and raise the voice as the step taking agaist our Shariat law.

Aftab

 

 

 

sharmilla ram (general manager)     17 January 2010

dear aftab,

sorry my friend i m not living in india,otherwise i will ask sc under rti act.for my second statement it is totally wrong i m sorry for that,it was my typing mistake for that i do excuse and i hope u forgive me.in 24hma husband has right to ask from wife to maints.but in muslim law husband can not ask from wife.in muslim law only husband has duty to maint her not wife.

once again sorry to all above my wrong statement.

Aftab4u (PVT EMPLOYEE)     17 January 2010

Dear Sharmilla Ji,

Thanks for ur info, and its ok Ji " Bade bade deshon main aaisi chooti chooti batein hoti rehti hain "

 

Aftab

sharmilla ram (general manager)     17 January 2010

welcome aftab.


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