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Surfraz (Software Engineer)     26 April 2012

Second marriage in inida

Hi ,I am 30 yrs old Muslim man working as s/w engg in INDIA .I got married 2 years back .Recentely i had one baby boy also.Myself & my wife were always had issues & we fight every other day .I tried my best to adjust with her but i couldn't do so ...we hate each other ....there is no hope that we can ever live happily with each other becoz of so many incidents happend in these 2 yrs ....she has attempted suicide also some time back....because of all these i have gone through immense mental pressure & spoiled my career also ..as i am not happy with my 1st wife ..i want go for 2nd marriage without knowledge of my 1st wife ..can anybody please tell me what will be the consiquences of 2nd marriage ..i came to know that recentely there were some changes in the Divorce Law ...can anybody plz tell me what are those new changes ...



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 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     26 April 2012

Dear Surfraz, 

I have the following to opine on your case :-

1. You being a Muslim - can contract another marriage, but doing the same would have some implications like :-

a) Your wife gets a right to stay seperate and seek maintenance, she can even seek divorce on that account.

2. Courts have repeatedly held that contracting second marriage is cruelty in itself.

3. You have faced cruelty yourself but by marrying - the same would be completely effaced off the record. 

4. Your wife may try implicating you in 498A/406 Cases (make sure you are protected against the same) 

 

Feel free to talk !

Anish Thakur 7018812737 (advocate)     26 April 2012

dear , being a muslim you can have 4 wives at one time .

your first wife can sue you for mantenance and you have liability of mantaining the child too.

you can also give her divorce but this will lead her free from your control and your liabilty for matenaince will remain same till you pay off her the dower.

in case of divorce you only have to pay dower to her
.

after talaq if she gt married to another man you will be free from all liabilities but your son from first wife will have right over the property of yours.

many more points are there but depends upon the circumstances you have or you want .


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