Hm Eni 06 June 2020
K P KRISSHNAN (ADVOCATE (TAXES)) 06 June 2020
KISHAN DUTT KALASKAR (Advocate) 07 June 2020
Dear Sir,
As per Muslim Personal Law, a Muslim male can marry another Muslim girl without dissolving the existing marriage or divorcing the spouse of the existing marriage. This law is applicable in India too. You need not take permission of the first wife for this purpose, however as per the general law, if you are an employee or Government or Public Sector or State government, the appropriate rules for conduct of employees and service rules shall apply for all employees in common. The service regulations and CCS says that an employee can be held to have done an at of bigamy if he marries another girl during the subsistence of the previous marriage and a spouse living of that marriage.
So confirm if you are a government employee or not.
TIMESOFINDIA.COM | Updated: Aug 23, 2017, 10.08 AM IST
Due to financial responsibilities, which he is expected to bear, the right to divorce in Islam is primarily given to the man but a woman too can initiate divorce or separation. A Muslim who wishes to get separated from his wife is therefore advised - in the first instance - to ask for an arbitration meeting, arranged by elders of the couple, so that a reconciliation may be reached. And talaq, or even triple talaq for that matter, isn't the only method of divorces. Here's all you need to know about the how Muslims divorce
Under mubarat, divorce is by mutual consent. Thus, the proposal may originate from either side. The husband and the wife both want to be separated from one another. Under this system, when the parties to marriage enter into a mubarat, all mutual rights and obligations come to an end.
Khula means the wife alone wishes to separate and she has to return what's called mehr, or a payment; the husband takes the payment and lets his wife go, whether this payment is the mehr which he gave to her, or more or less than that.
In talaq, the husband exercises his right to pronounce divorce. A talaq pronounced under compulsion, coercion, undue influence, fraud or voluntary intoxication is considered void. According to Sunni law, a talaq, may be oral or in writing. No specific formula or use of any particular word is required to constitute a valid talaq. Talaq is of three types:
a) Talaq Ahsan
b) Talaq Hasan
c) Talaq-i-Biddat
Single pronouncement of talaq followed by abstinence of 90 days. The 90-day period is known as iddat. Divorce is revoked if the couple cohabit within those 90-days. If not, the divorce goes through and is irrevocable.
Three pronouncements of talaq 1 each in 3 successive months (menstrual cycles) with abstinence throughout that period. How it works is like this: : If the husband says Talaq but the couple make up within the first month, talaq is revoked. If the husband doesn't follow up by pronouncing talaq in the following month, the divorce is again considered void. And the same goes for the third month. Essentially, the husband has to pronounced talaq for three consecutive months for, divorce to be irrevocable.
Instantaneous divorce, or triple talaq, that was struck down on recently by Supreme Court.. Three times saying talaq without any iddat period. Not permitted, experts say, by either the Quran or by Hadith (sayings of Prophets) . This practice goes back to the 8th century, and the Hanafis, one of four Sunni schools, wanted it recognised, but it never was. In fact, even the Hanafis call it "sinful form of divorce" but "good in law".
As per Quranic procedure, an attempt at reconciliation and arbitration is a must for all forms of Islamic divorce.
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