Second Muslim Marriage without divorce to first wife

IF THE FIRST MARRIAGE HELD UNDER THE SHARIAT, THE MOHAMEDAN HUSBAND HAS THE LEGAL RIGHT TO DO SECOND MARRIAGE

First wife has file a report in Crime Against womens Cell (CAW) Delhi. She has falsely alleged in that report that the husband is indulge in domestic voilence and usually had beaten the wife. Also had put allegation that husband has asked for dowry.

---   THE FIRST WIFE HAS THE RIGHT TO FILE THE DV.

AFTER FILLING DV, SHE HAS THE LIABILITY TO PROVE THE COMPLAINS.

OTHERWISE SHE MAY BE PUNISHED FOR GIVING THE FALSE INFORMATION TO A POLICE OFFICER.

THE POLICE OFFICER HAS THE LIABILITIES TO PROVE THE ALLEGATIONS, OTHERWISE HE HAS TO FACE THE COMPLAIN OF NEGLIGENCE OF DUTIES.

First wife also have a baby of 4 mnths. She has claimed for maintainence also

IF SHE LEFT YOU WITHOUT REASONABLE CAUSE, SHE WOULD NOT GET ANY MAINTENANCE.

BUT THE BABY WILL GET.

Dear Sir

Thanks for the reply. I would like to add that the marriage was a love marriage and the husband has purched all the goods of the house either by cash or credit and debit card. The husband have all the receipts in his name and the bank statements of cards wherein all purchase showing in his name. Also she has alleged that her parents have given 70 thousand from which the husband has purchased a car wherein actually the same car has been purchased on loan and the husband is regularly paying the EMI's for the same for which he can show the loan repayment track also. His wife is threatning him to send jail. Please advise ''is there any allegation wherein wife can send the husband to jail on these allegation'' The husband have a copy of the complaint which she has submitted in CAW cell. if require i can attach that also. Please revert if husband can go jail in these allegations.

I am not a Lawer but I think Police can arrest him on these charges and put in custody. Please consult a Lawer immediately and take his advice whether an anterim bail is neccessary.

Dear Atif Khan, problem with me is strange that when I try to spek the blunt or harsh truth, people castigate me either to be rude or ignorant of the situation in Indian context but the truth is always bitter than the fiction and irony in India is that we follow many rules for marriage, divorce, child custody or other social issues, I mean we have personnel law for each and every individual and many loop holes to evade the legal action or the consequences.

Sir since you are an muslim and at any stage you can challenge the National Law but as per Shariat, you have the liberty to marry four wives but strictly as per Shariat but here is a locha, by the way if you are employed with certain govt.sector then you may not be permitted to do so and if found with another wife, you are liable to be terminated (Kindly do not read YOU as Mr. Atif Khan, I have used it as a common gender/factor).No matter whether it was a civil marriage but being a muslim you would require it to be registered with the Nikah authorities as per Shariat as I have been made to understand thogh I have no knowledge about it but since I have been staying at a muslim country thereby know a bit of it.

But irony is that being in India your estrange better half could drag you in the court for domestic/criminal violence behavior and many enthusiastic lawyers community would be glad to participate in the duel to earn premium and that includes both sides.But at any cost you would be needing their services because you may not be aware of the complexity of the system.

Since Indians are basically pseudo soft towards faminine you would be treated a proved demon even if legally a humane.

Kindly consult some good lawyers as no body would be willing to share their expertise free of cost and I am neither a criminal nor a family affairs lawyer but simply a ordinery citizen and a human being.

Regards.

Thanks to Mr Sahu for his advise of interim Bail

Dear Mr Dhusia

I really liked the way you expressed your opinion and agrees with you that there's no free cup of cofee in this world. Still I was waiting for Arup sir to present his valuable comments on the current situation

if husband can go jail in these allegations.

---   BEFORE SENDING A  PERSON JAIL, THE COMPLAINS / ALLEGATIONS HAVE TO PROVE.

"I mean we have personnel law for each and every individual and many loop holes to evade the legal action or the consequences."

---   (personnel law for each and every individual )

NOT THAT, AGAINST EACH RELIGION THERE IS SEPERATE PERSONAL LAWS AND THESE ARE NOT EQUAL OR IDENTICAL. EVERY PERSONAL LAW HAS IT'S OWN PROVISIONS.

SOME LOOPHOLES ALSO THERE BUT NOT AS A FORMULA.

" Since Indians are basically pseudo soft towards faminine you would be treated a proved demon even if legally a humane."

---   C O R R E C T .

IF THE FIRST MARRIAGE HELD UNDER THE SHARIAT, THE MOHAMEDAN HUSBAND HAS THE LEGAL RIGHT TO DO SECOND MARRIAGE

---   PLEASE CLEAR WHETHER YOUR FIRST MARRIAGE HELD UNDER THE SHARIAT  ( CONVENTIONAL MOHAMEDAN MARRIAGE )   OR NOT.

ONLY THIS WILL DECIDE WHETHER YOU CAN GO WITH SECOND MARRIAGE OR NOT.

AS AN EXAMPLE, IF YOU MARRY YOUR FIRST WIFE, UNDER SPECIAL MARRIAGE ACT ( FOR WHICH YOU BOTH MUST HAVE CERTIFICATES) THEREAFTER GO TO CONVENTIONAL MOHAMEDAN MARRIAGE, THEN YOU HAVE LOST THE RIGHT OF SECOND MARRIAGE WITHOUT DIVORCE.

THEREFORE FIRST CLEAR IT ABOUT THE -  FIRST SOLEMNISATION OF THE MARRIAGE.

AFTER THAT TRY TO CLEAR THE DV ACT ISSUE.

IT IS SEPERATE ISSUE

Really I wish that every member start taking intiative in such debate so that we can come to some alternatives.No matter we differ on many occassion but helathy debate is good for the society as a whole.But Mr.Atif Khan you have to vigorously defend your case.

Mr Arup is requested to kindly don't run behind the words because it is the substance which matters.The word' " Every individual "denotes that you can find many personal laws in India since Indian society comprises hundreds of religions and each religion is free to practice his own personal law and if require our politicians are ever ready to rescue them if needed, say for example of Shah Banu if you all remember, in which shamelessely our late prime minister Rajiv Gandhi brought misery to an old hapless indian muslim lady, this was what I wanted to convey by mentioning that word,"Every individual".

Thanks and Regards.

Dear Sir

First marriage was done under Shariat itself and both have a copy of nikahnama only.

Then go for the second marriage but with the consent of your first wife as prescribed in Shariat and if not,god forbids, face the DV act as per Indian Law and other incidental consquences thereafter if your first wife willed so.

You just want to get rid of your first wife like others and pretend to be a pious muslim, that is why you were not straight in reply to queries on your first marriage as per Shariat.

Now you will start spewing venom on my erectness,