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Khader   19 January 2016

Remarry without consent from 1st wife

Hi Sir/Madam, I am a muslim man aged 30, I am married 2 years back. My wife always quarrels with me without any genuine reason. She abuses my parents and want them to be out from my home. She black-mailed me of suicide, also black-mailed me of going nude away from my home. Recently when I complained about her abuse to her family, my in-laws threatened to hit me. She also tells about making false case against my parents though they do not do any fault. I want to remarry without consent from my 1st wife, it is not allowed as per Indian Law but in islam,it is allowed for a man to marry upto 4 wives. Kindly let me know which law is applicable for me and what may be the consequences of 2nd marriage. Thank You.



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 5 Replies

Khader   19 January 2016

My questions are:
I am a muslim, married to a muslim. I want to remarry (because of above explained reasons) without consent from my 1st wife as it is allowed in Islam. My confusion is - Will Indian law comes as obstacle for this 2nd marriage? 
I do not want to give divorce to my 1st wife, what she can claim from me, if she comes to know about my 2nd marriage.

Vijay Raj Mahajan (Advocate)     19 January 2016

According Muslim Sharia you can marry four women at the same time without taking consent of anyone of these, so do as you please, you don't need consent of first one to marry second one, only thing to be kept in mind is you need to treat both equally no discrimination between them this what Sharia states for polygamous marriage.

Khader   19 January 2016

Thanks a lot Sir. 

Laxmi Kant Joshi (Advocate )     19 January 2016

According to isalamic / mohammadan law before marrying to second one you have to take consent from your first wife, for claim etc read your nikahnama what sort of conditions are there if you break marriage or do remarriage, she can claim her mehar .
1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     20 January 2016

Consent from first wife is required as per both Shia and Sunni Marriage laws.

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