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Asha (IT)     30 September 2013

Issue with first marriage

Hi All,

It is very useful forum with many lawyers expertise..

my brother who is muslim married to muslim girl two year before and they are having a son. But after child birth gilr isnot returning from her home and applied for divorce in shariath court in chennai and asking for 50 lakhs for maintance to give NOC. but we dont have that much money and it is not affordable.. So if my brother do second marriage willl it be legal issue or first wife will give police complaint on second wife or my brother?.. Please give advice...Thanks in Advance..



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 5 Replies

Asha (IT)     01 October 2013

Hi,

 

Anyone pls help onthis?.

gautam (not disclosed)     02 October 2013

Fight the case in court and you will get divorce, the court will decide the amount of alimony which is reasonable.

T. Kalaiselvan, Advocate (Advocate)     02 October 2013

Asha,

Mahomedan Law of Marriage on divorce states:  The Mahomedan law recognises divorce as a method of dissolution of marriage.  Divorce may be either at the will of the husband(Talak) or by mutual consent(Khula or Mubarat) or at the instance ofthe wife,, if such power is given to her by the husband, or at the instance of either party through intervention of court. 

About the wife's rights against her husband after marriage:-

The wife is entitled to be maintained by her husband unless she is too young for cohabitation or she refused to stay with her husband without good cause, for example non-payment of dower, or if the wife is disobedient to her husband's reasonable orders.

The wife is entitled to be maintained by her husband only until his death but in case of a decree for divorce, the husband must maintain the wife upto the expiry period of iddat.

The wife is entitled to residence inthe husband's house.

The wife  is also entitled to payment of dower.

A Mahomedan wife may also, without filing a suit, apply for an order of maintenance u/s 125 Cr.P.C. in which case she can claim an amount as her monthly maintenance.

An order of maintenance can be avoided by the husband divorcing his wife, in which case he must pay maintenance only up till the iddat of wife. An agreement between parties  for future separation and maintenance is invalid in Mahomedan Law; but an agreement allowing the second wife to live separately from the husband and get maintenance is valid. 

Lastly, it is only a Hindu as per the Hindu Marriage Act, 1955 cannot marry more than one wife at a time whereas a Muslim can marry as many as four wives at the same time.

Advocate Kalaiselvan, Vellore, Ph: +919443441062

stanley (Freedom)     03 October 2013

Originally posted by : Kalaiselvan, Advocate Vellore

Lastly, it is only a Hindu as per the Hindu Marriage Act, 1955 cannot marry more than one wife at a time whereas a Muslim can marry as many as four wives at the same time.

Advocate Kalaiselvan, Vellore, Ph: +919443441062

It cannot be stated as only Hindus but even Christians, Parsi;)  cannot marry more than one wife at a time 


(Guest)

If not ready to cohabit then leave her as the cause of desertion and file case for mental cruelity and mingled with the ground's of desertion.It's not wiser to accept 50 Lakh's to get freedom. It will be better that one should keep those 50 lakh's in Bank and take interset as above 33 k and by those money you can even feedy ourself and your deserted wife and live with other lady as in liv-in relationship.


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