• Help for marriage

I and my boyfriend we both are Indians.  I'm Punjabi and he is Muslim.  We want to get married but the problem is that he is already married once due to family pressure. So now what are the available options for us to get married.  Can we do second marriage?  If yes what is the procedure? Please let me know.  Thanks
Asked 1 year ago in Family Law from Mumbai, Maharashtra
Religion: Hindu

Hi , since he is a Muslim therefore he can marry thrice .. You can transform in to Muslim religion and can marry him ..

Hemant Chaudhary
Advocate, Gurgaon
4255 Answers
31 Consultations

4.9 on 5.0

If your boy friend is already married then you getting married will be a crime. But as you stated your boy friend is Muslim, he can following the rules.

A man is allowed to marry up to four women for many reasons, benefiting both the man and the women.

Firstly, it may help the women as in the case of the Prophet where he often married poor women or women whose husbands died in battle. This was to help and protect them.

Secondly, as the prophet Abraham as married, they may bear the man a child when the first wife cannot. Instead of abandoning a women for her inability to conceive, he marries another and treats them both with justice

And lastly, in the case of a man tempted to commit adultery with another women. Instead of this man committing a grave sin, adultury, Allah has given man an ease within his law and allowed man to marry another women. The aim of this is to prevent man and the women from committing a grave sin. Many people look at this law as a selfish addition to men but in fact it is meant as an ease on both men and women; it's not an excuse to 'have fun' with many wives but in fact it is meant to help ease men and women with their way of life.

Aveek Bose
Advocate, Kolkata
950 Answers
4 Consultations

4.7 on 5.0

1) ask your boy friend to get divorced as per muslim personal law

2) you can marry your boy friend under provisions of SMA

3) you can continue tor retain your religion if you marry under provisions of SMA

4)30 days notice has to be given of intended marriage signed by both parties before Marriage registrar

5) after expiry of 30 days you can marry your boy friend

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Madam, so far as the legal trouble is for you, the information provided is insufficient. Please send some more details of case. Even I may suggest that by converting you in Islam, you may marry with him and it will be open for him to have company of two wives at a time as per Muslim Law. But I may also advise some queries cannot be resolved in four corners of Law. One must bend himself for a better result and BENDING will be right legal advise. So provide details so I can advise you correct advise and procedure for happy ending. Thanks.

Shaikh Pirpasha Ajamoddin
Advocate, Latur
18 Answers
1 Consultation

4.0 on 5.0

Appreciate your concern.

In case either of the parties to marriage is having a living spouse at the time of contacting second marriage and without obtaining divorce from said person leads to complications, as such, in your case either he has to obtain divorce from his first wife and marry you or you part ways.

Best suggestion could be have control on your emotions and take a decision after talking to your family members and well-wishers.

For God's sake do not spoil the life of other lady !!!

Your take please.......

May God Bless You !!!

S Srinivasa Prasad
Advocate, Hyderabad
735 Answers
6 Consultations

5.0 on 5.0

There is two option first he divorced her and then marry with you under special marriage act or religious marriage.

Second you may converted to Islam and do second marriage with him as he may solemnized 4 marriages.

Nadeem Qureshi
Advocate, New Delhi
5324 Answers
257 Consultations

4.9 on 5.0

1. A Muslim can have up to four wives at a time but the precondition is that all his wives must be Muslims. Unless you become a Muslim you cannot marry him.

2. Alternatively, he can divorce his wife under Shariah through a registered qazi and then marry you. Do remember that instant triple talaq has been declared illegal and unconstitutional by the Supreme Court.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

Hello,

Ask him to first obtain divorce and then you teo can marry under the special marriage act.

Also, see if his personal laws allow him for second marriage. To the best of my knowledge muslim can only do second marriage with a muslim and not with Hindu and as such he will have to obtain divorce in order to marry you.

Regards

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

After taking permission from his first wife for this second marriage, he can marry you, provided you convert to Islam before marriage.

If you both intent to get married under Special Marriage Act (in case you do not wish to convert to Islam), he'' have t divorce his first wife and then marry you.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

1) In muslim law 5 marriages are accepted, so boy won't be in trouble nor you, because after your marriage you will also became a muslim women.

2) Before getting married with him, think twice or hundred times that why you want to go for 2nd marriage with muslim. Later on he will not face any problem but you will face "N" number of problems personally.

Its up to you and its your life because this is Indian Society people where you are going to live.

Ganesh Kadam
Advocate, Pune
7453 Answers
65 Consultations

4.9 on 5.0

as your boyfriend is from Muslim community there is no question of having second wife. He can marry u only i you renounce your religion and convert to Muslim religion. However the marriage u have to solemnize will be according to Muslim rites and customs means according to Sharait

Asim Mehboob Tamboli
Advocate, Miraj
4 Answers

4.0 on 5.0

The boy being a Muslim, he can marry another woman as per Muslim personal laws or Shariat laws during the subsistence of his previous marriage and the spouse living, provided that woman he desires to marry also has to be a Muslim by religion and the marriage should take place as per Muslim rites in the form of Nikah.

You being a Hindu and her belonging to Islam, your marriage can be solemnised as per the provisions of Special Marriage act, 1954 only.

The essential condition for a marriage to be solemnised and registered under this act is that a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled, namely :-

(a) neither party has a spouse living;

in addition to other conditions.

He should dissolve his marriage with his wife by talaq and then opt to marry you under the provisions of special marriage act, 1954.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

Dear,

A Muslim male in India can marry four times without divorcing his first, second and third wife. However, if a Muslim male is a government servant, he cannot marry another woman if his first wife is not divorced. First of all check his marital and work status. If all is good, make sure that you register your marriage with him under Special Marriage Act as the act will bind the person not to marry another lady during the subsistence of the marriage and only after divorcing you under Special Marriage Act, he can remarry.

B Srikiran
Advocate, Hyderabad
37 Answers
1 Consultation

5.0 on 5.0

1. A Punjabi can also be a Muslim and a Muslim also can be a Punjabi. It appears that you are a hindu and he is a Muslim.

2. Both of you could have married as per Special Marriage Act, had he not been married earlier or if he had taken divorce from his wife.

3. You have two options now to choose from as under

a. he should give talaq to his wife after strictly following Sharia and then get married with you as per Special Marriage Act,1954 wherein you won't have to change your religion, or

b. you shall be converted to Islam and then he should have second marriage with you and in that case he will have two wives who will have to be equally treated by him as his wife as per Sharia.

4. You shall have to take decision judiciously and pragmatically thinking with head and not with heart.

Krishna Kishore Ganguly
Advocate, Kolkata
22506 Answers
594 Consultations

5.0 on 5.0

The first marriage has to be legally dissolved before remarrying.

Rajaganapathy Ganesan
Advocate, Chennai
1510 Answers
8 Consultations

4.9 on 5.0

You need to convert into Muslim religion then both of you can get married with the help of any Qazi and 2-3 witnesses.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

You may not be administered with the witness or support to convert to Islam if your intention to convert is for the purpose of getting married second time while your previous marriage subsists.

For conversion into Islam, you may have to pronounce faith in Allah in the presence of Qazi or any Muslim clergy of a mosque or in a Jamaat and an affidavit to this effect duly witnessed by the said Qazi or Clergy or some respectable person shall be an evidence for your conversion to Muslim religion.

After the proposed marriage is to be solemnised as per Islamic rites again in the presence of a Moulvi Saab or Qazi or any other senior clergyman belonging to the nearby Mosque.

The respective Mosque where you register yourself shall issue a 'nikahnama' on the basis of the marrige ceremony, which is a valid recognition for the Muslim marriage.

For further details you may contact any clergyman of the nearest mosque.

T Kalaiselvan
Advocate, Vellore
56549 Answers
695 Consultations

5.0 on 5.0

You cannot marry under provisions of special marriage act as his first marriage is already subsisting

2) you can marry as per Muslim personal law after converting into Islam

3) your husband in presence of witnesses would marry you in local masjid

4) agree to pay you x amount as Meher

5) it is not in your interest to convert to Islam for marrying him

6) ask husband to divorce his first wife and then marry under provisions of SMA

Ajay Sethi
Advocate, Mumbai
66757 Answers
4037 Consultations

5.0 on 5.0

Dear User

Instead of converting to Muslim, you wait till he gets divorce. Subsequent to that you can get married with him.

If you convert to Muslim and get married with him it does more harm than good.

As you said for few months you are busy, you wait and get the divorce process completed, get married after his divorce and lead a peaceful life.

During subsistence of first marriage even in muslim law a man cannot get married second time. There are certain compliance to be adhered to.

Finally, during subsistence of first if you get married second time, it leads to lot of criminal complications which will destroy all three of you.

Apart from leading to unnecessary litigation (which is avoidable).

Your Call Please !!!

May God Bless You.

S Srinivasa Prasad
Advocate, Hyderabad
735 Answers
6 Consultations

5.0 on 5.0

1. Hope you have understood that you shall be his second wife when he will continue to have his first wife whom he will be bound to treat and maintain equally.

2. After conversion, he will have to marry you as per Sharia following Muslim rites for which local Moulavi shall have to be approached and he will certainly seek witness/presence of both of your relative and family members.

3. No such marriage will be permitted by Special Marriage Act. and if any of you are working with govt. department, you shall loose your jobs when your department will come to know about your said marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
22506 Answers
594 Consultations

5.0 on 5.0

if your are converting to Islam then it becomes very easy of getting married and also you can get the registered marriage done with the registrar of marriage i can help you with all the procedure contact me on

Anwar Zaidi
Advocate, Mira Bhayandar
214 Answers

4.0 on 5.0

If you are converting to Islam then you can marry as per the personnel laws.

If both of your marry as a muslim then you can get married in a mosque before a Qazi in presence of two witnesses, your parents will not come to know about the same till you yourself tell them.

Regards

Anilesh Tewari
Advocate, New Delhi
16907 Answers
259 Consultations

5.0 on 5.0

1. Approach a Kazi so that he performs this marriage in accordance with the Islamic rites and rituals. He will issue a nikahnama after the marriage is solemnised.

2. Yes, you can conceal the factum of this second marriage.

Vibhanshu Srivastava
Advocate, New Delhi
8549 Answers
133 Consultations

5.0 on 5.0

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