I am 38 years Muslim male. I got married ( Nikha ) in the year 2008 and have 2 children from the marriage aged 7 and 4. ( both sons ) Although the relationship has always been in troubled waters from the start due to non compatibility issues , and more so , there was a lot of indulgence of family members to keep the relation going , we tried to give our best shot, only to have reached a dead end by 2014. Things got compounded when the bonding between a close female friend of mine turned into love and acceptance & we agreed to take the relationship further in a legal way. Since our families were already aware of the worsening situation between my wife and me , i without wasting any time , confronted my family and my wife for a mutual divorce. Instead of understanding the mutual compatibility issues that we were facing that were getting worse by every passing day , my wife threatened me and my friend of dire consequence if we didn’t stop and forgot about the divorce. We were mentally harassed and tortured wherein we were told that if we didn’t stop on our path , I as male member and her husband will be made to suffer by means of some falsified dowry case etc that will not only have a negative impact on my career but on our families too and my female friend would be character assassinated in some sorts . My question is , 1. what is the way out of this mess and the way to get a divorce and what happens to the custody of the children ? 2. Can I marry my friend and keep her separately and then file for a divorce . 3. What is the sharia law In situation like this one ? 4. Are there any other options and way out to get married without legal complications ?
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you can divorce your wife as per muslim personal law
2) divorce should be preceded with attempts at reconciliation
3) reasons should be mentioned for divorce meher amount paid to wife
4) custody of children would be as per muslim personal law
5) you need your first wife consent to marry second time
6) after divorce you can marry her
According to Muslim personal law you can marry with that lady without giving divorce to your wife. According to shariat act 1937 a Muslim man can contract four marriages. You have option to file divorce case either before or after the marriage. She can file Dowry case but according to judgement of Arnesh Kumar vs State of Bihar you cannot be arrested.According to personal law of Muslim you can get custody of your child if child is above the age of 7 years. If you have girl child then you can get her custody after age of 15 years. It is rule in personal law that mother is a Guardian of child Till the age of puberty.
1. Since you are Muslim And your friend is she s also a muslim or covert to Muslim religion can perform Nikah one more time which is permissible under law of the land.
2.Yes
3.I have already mentioned.
4.You can marry her but you or your faimymemebrs may not remain immune to 498A,406 ipc cases, case under PWDV Act etc.
Since you are Muslim you can get married secondly you can file for talaq before ur local mosque where your marriage was solemnized...And custody of children if you want you need to fIle g&wc petition before competent court
Since you follow Islam you can marry second time as per the law, but you will need the consent of your first wife for second marriage.
You can seek divorce as per the personnel law and then can claim the custody of the child.
Regards
The legal divorce as per Shariat law and Muslim personal law is still effective, you can follow the procedures meant for pronouncing divorce as per Sharia law.
No doubt, as a retaliation she may lodge false complaint under dowry prohibition laws and also she may go to the extent of damaging your girl friend's name and reputation too.
You should first obtain AB and then challenge her false case in the court in trial proceedings.
Your girl friend should file a defamation case agaisnt her for the false imputations and defamation caused by your wife to her.
Dont be deterred
There are many more cruel episodes in store through her which are to be dealt with properly to come out safely because she is not the one to get convinced neither she will be happy even if you compromise and start living with her.
It is always better to decide firmly in this regard if the present situation is beyond tolerance.
Be firm on your decision and be in touch with your advocate to overcome the critical situations.
You can marry your girl friend as per Islamic rites.
