My opinion on your queries are as under:
First query -marriage took place in Aug 2010 by nikah and one month later for travel formalities court marriage as IN special marriage done in Sept 2010.. So is the court marriage null and void because nikah was already done with the same person.
Opinion: Nikah is valid and subsequent marriage under Special Marriage Act has no value, Because the Muslim Women can not remarry without Divorce, even to her husband.
Second qstn - marital life not good and wife living separate since Jan 2013 and gone to new York usa... Emails to this effect are with me.. On the advice of lawyers I met I should start divorce procedure on the basis of desertion.. Is there any other way we can proceed with divorce asap apart from desertion... Can a mutual divorce be possible if she is in usa and can't come back but is willing for divorce..?
Opinion:- Pronounce Divorce is Husband's Religious right and nobody can interfere or stop him to do that, divorce proceedings before court is not required for husband. Pronounce Talaaq Before two witness is sufficient and after that send a talaqnama with Mahr(if not paid) and three months Iddat period Maintenance.
Third qstn - now after two years of separation I hav met a woman n would like to be with her.. Can I marry her under sharia law.. Marry by nikah.. The first wife rather ex wife has already sent an email sayin she has no issues if I remarry.. If not marry can I live In with my current relationship... Are these criminal offenses like bigamy and adultery? Thank you please reply. Also please do not tel me fastest way mutual divorce etc because she is not here so her presence is required for mcd which is not possible... Also is there a way where people abroad can appear through video conference Skype etc for mutual divorce...
Opinion: Muslim man can marry till 4 without the divorce from existing wife, hence, you are free to get married with another lady as per Islamic law. Bigamy will not be applicable, even not adultery.
There is no need for MCD, pronounce Talaq Thrice before two Muslim Witnesses.
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