As per Muslim Personal Law, a Muslim male can marry another Muslim girl without dissolving the existing marriage or divorcing the spouse of the existing marriage. This law is applicable in India too. You need not take permission of the first wife for this purpose.

Also mention as to whether you have applied for anticipatory bail or not?

For any clarifications or discussion, feel free to call.

Regards.

1) If the case is going in court than you can close it by one time lumpsum maintenance and take it divorce by Mutual Consent Divorce.

2) Its depends upon court that how many cases are pending and when you're number will come.

3) Second marriage is illegal without giving divorce to first wife, however if still you want to marry for second time than as per Muslim marriage act you have to take permission from.first wife.

4) Till wife is alive or she do second marriage you have to pay alimony and maintenance.

1) As per new law yoy have to take proper divorce from first wife.

2) If you don't want to go court than go for Mutual Consent Divorce and get order from courts that will be easier.

3) You can show those pics as a evidence.

1) you have to pay maintenance as per court orders .

2) you have to maintain your wife if she is not working and has no source of income

3) you should cooperate with investigations , have your statement recorded .

4) apply for and obtain bail

5)you can remarry without divorce as per muslim personal law

1) you can submit photographs in your possession that gold was lying in your wife custody

2) you can come down to India for vacation

3) you have to attend court . apply for bail

1. If FIR under section 498A is registered then you will have to take bail which is a routine affair for which your physical presence in court is required.

2. Nowadays stringent condition like ban on foreign travel is no more imposed while granting of bail in 498A cases.

3. So this is very unlikely

4. if you profess Muslim religion you can remarry even without talaq to your first wife.

5. During your trial you or your parents can file application u/s 205 crpc so their personal appearance is exempted.

6. Do not worry as most of her allegations will not be proved during her trial and her acquittal is a forgone conclusion.

Dear Sir

My asnswers are as follows:

Is it go like this for years ?

Ans: You just challenge the criminal case and get a stay order on it and try to quash it.

1. any problem for go to vacation and com back .

Ans: Yes, if you come to India on vacation if you are required by police then they may seek arrest warrant against youl

2. re marriage without divorce possible . if i marry second time any legall issue

Ans: You can marry as you appears to be Muslim Community. Personal allows you without divorce.

3.also maintenance how long i have to be give . she age is 20

Ans: You may pay lumpsum called as alimony and get rid of her.

so my existing wife cant go legally if i marry second time is it . my lawyer told me that for the travelling no issue i can come and go anytime but second marriage he told me that he cannot give any guaranty as per new mutalaq law will be problem i dont know why he said like that .

sir please guide me for my other doubts . maintenance and case how long will be like this

Ans: There is no double maintenance.

3. my mother and father given letter to lawyer to avoid to go court so he told me when i go vacation u also give a letter to avoid to go court

Ans: You must take bail and permission to go to abroad, letter are not recognized. Or you have to obtain stay order from High Court.

4. my wife given statement that after 3 days of marriage my mother took his gold . but i have pictures that after 10 days we went outside that pictures available her gold that her wear so this can i submit as a evidence

Ans: For that purpose only you must approach High Court which has vast powers.

The law on second marriage is as follows.

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Dear friend,

In Islam, monogamy is the general rule while polygamy is only an exception. The Prophet did not favour polygamy except in exceptional circumstances. According to the Muslim Marriage Law, a man can have up to 4 wives, but a woman can only have one husband at a time.

Muslims can legally have more than 1 wife provided that each such marriage is done according to Sharia, which is also known as Muslim Personal Law. Which mandates that husband should be Muslim and wife should either be a Muslim or Kitabia (refers to Christians as well) at the time of marriage.

Second marriage by a Muslim, who is entitled to four wives, is not an offence under section 494 of Indian Penal Code, 1860.

You go to the police station and convince them or take sufficient time to be present before them. Nothing wrong you have done.

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SECOND MARRIAGE MUSLIM HUSBAND IS LEGAL BUT HE MUST PROVIDE FOR RESIDENCE AND MAINTENANCE TO FIRST WIFE IF SHE WISH TO RESIDE SEPERATELY.

Kerala High Court

Saidali K.H. vs V.Saleena on 22 October, 2008

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Mat.Appeal.No. 94 of 2007()

1. SAIDALI K.H., S/O HASSAN,

... Petitioner

Vs

1. V.SALEENA, D/O ABOOBACKER,

... Respondent

For Petitioner :SRI.ESM.KABEER

For Respondent :SRI.J.ABHILASH

The Hon'ble MR. Justice KURIAN JOSEPH

The Hon'ble MR. Justice HARUN-UL-RASHID

Dated :22/10/2008

19. Coming to the case on hand, we find that the reasons stated by the Family Court that the second marriage contracted by the respondent/husband and the refusal of the petitioner/wife to live with the husband on account of his second marriage are not by themselves sufficient grounds to grant a decree for dissolution of marriage under the Dissolution of Muslim Marriages Act. Refusal of the wife to share the conjugal home with the co-wife is justified for claiming maintenance. In such circumstances, it is the duty of the husband to set up separate residence for her. At the same time, we find that the petitioner/wife had pleaded several other grounds permissible under law for divorce. Inequitable treatment to one wife against the Quranic injunction gives rise to a tenable claim for divorce. The Family Court failed to examine whether the petitioner/wife was entitled to a decree for dissolution of marriage under any or all the heads for which there is sound foundation in the pleadings.

20. In the result, the order under appeal is set aside and the case is remanded to the Family Court, Thrissur for fresh disposal in accordance with law. There will be no order as to costs.

1. Any problem for go to vacation and come back.

The case is in court and also engaged an advocate in such a situation had no problems. But your presence is need at the time of starting trial. Your lawyer can file exemption petition for avoiding continuous presence before the court.

2. Re marriage without divorce possible. If I marry second time any legall issue .

A Muslim man married according to Shariat Muslim Law can have four Muslim wives legally on certain conditions, however if the Muslim marriage with first wife was registered under the Special Marriage Act,1954 than such Muslim man get bound by the said Act of 1954 and he cannot marry during the lifetime of first wife. First husband has to obtain written consent of his first wife for the marriage.The permission to take more than one wife is made conditional, that is , he should be able to deal justly with all the wives. The prophet has permitted polygamy and has limited it to four. But it has been further ordained to deal with them justly in matters of food, dress, residence and cohabitation without discrimination, irrespective of whether one is rich or poor, high or low. It is not permissible for a man to marry more than one woman if he apprehends that he will be dealing with them unjustly or that he will be failing in respecting their rights. If he is able to fulfill his duties to three but not able to fulfill his duty towards the fourth, then the fourth marriage is prohibited for him. If he is able to fulfill his duties to two but not able to fulfill his duty towards the third, then the third marriage is prohibited for him. Likewise, if he is able to fulfill his duties to one but not able to fulfill his duty towards the second, then the second marriage is prohibited for him. This is what the Quranic verse establishes: "Marry two or three or four women of your choice. If you fear that you will not be able to do justice to them, then marry only one. Otherwise you accept those who are brought under your control as captives of war." What has been commanded by God is external and possible equality in dealings.

In the decision reported in Lily Thomas v. Union of India, A.I.R. 2000 S.C. 1650, the Apex Court held that inspite of the first marriage, a second marriage can be contracted by the husband under Mohammedan Law subject to certain religious restrictions. In paragraph 61 of the judgment, Justice R.P. Sethi observed that Muslim Law is based upon a well recognized system of jurisprudence providing many rational and revolutionary concepts which could not be conceived by the other systems of Law in force at the time of its inception. It is further observed that the concept of Muslim law is based upon the edifice of Shariat and that Muslim Law as traditionally interpreted and applied in India permits more than one marriage during the subsistence of one and another though capacity to do justice between co-wives in law is condition precedent and that even under Muslim Law plurality of marriages is not unconditionally conferred upon the husband. It is also observed that the progressive outlook and wider approach of Islamic Law cannot be permitted to be squeezed and narrowed by unscrupulous litigants, apparently indulging in sensual lust sought to be quenched by illegal means, who apparently are found to be guilty of the commission of the offence under the law to which they belonged before their alleged conversion.

In a recent case family court in bombay had restrained husband from remarrying second time The law and the religion both do not permit a Muslim man to perform another marriage as of a right by defeating and delaying the rights of his first wife.

3. Also maintenance how long I have to be give. She age is 20

Every husband is legally obligated to provide maintenance amount to his wife when the latter is not working and she has no source of income.

You can use the photographs in your possession for proving your part that gold was kept in your wife custody.

1. There can be a problem in coming back as if 498a , 406 is on you and there can be condition in your bail to impose travel ban for investigation. You have to then come back with permission of the court. But you will get the permission from court.

2. You can marry second time under Muslim personal law.

3. If you don't divorce her according to procedure then till life time or in divorce till remarriage or a lump sum amount can be decided.

1. There is problem in giving triple talaq but not second marriage but there are some conditions too in Muslim personal law when you do second marriage that has to be followed.

2. Yes you can seek exemption from court from personal appearance.

3. Yes at time of your evidence same photos can be submitted along with other evidences.

I would advice you to apply for anticipatory bail, as you can be arrested when you come to India ro your passport can be impounded by the court, in case of non appearance.

You'll have to pay maintenance to your wife of she has no or very little source of income. You can also pay one time payment of alimony to obtain Mutual divorce from her.

Time

The onus of proof of her allegations is on your wife and you only have to disprove her allegations.

You can also use the photographs in which she can be seen wearing the jewellery which as per her statement was confiscated by your mother, along with other irrelevant evidences which can be used to disprove allegations put forth against you and your family.

Yourparents can seek exemption to appear in the court by way of an application under U/s 205 CRPC.

1. You are deficient in providing details. Has the police registered FIR based on her complaint for dowry harassment? If yes, then have you and all the accused taken anticipatory bail? Similarly has she filed any maintenance case against you? If yes, then are you contesting the said case by engaging a local lawyer? If FIR is registered against you then you should apply for and avail anticipatory bail from the Court after which you shall be free to move with court's permission.

2. Your religion permits multiple marriages strictly as per Sharia which shall have to be approved by the local Quazi. Unless remarried strictly as per Sharia, the charge of bigamy shall be brought against you.

3. This picture is a very good evidence to prove that her complaint is false.

- Your wife has filed complaint against you and family members, and further she has filed a case of maintenance .

- Court has fixed interim maintenance Rs.15000/- for the period of case of maintenance. You can challenge this amount if this amount is heavy for you in the upper /session judge, otherwise till the decision of the case you will have to pay this amount and may be continued further if she not get marry with some other person or prove her case.

- However, you have right to settle the case with her with one time payment from the said court as well.

- Here, you have not mentioned that there is dowry case under section 498A against you or not. If there is FIR ,then you will have to move bail application for all the members of the family including you and may be there will be arrest warrant in case not get bail from the court. Otherwise, for maintenance case, no need to take bail.

- Unless the court has restrained you from travelling abroad you are at liberty to travel.

- As per Muslim Personal Law, a Muslim male can marry another Muslim girl without dissolving the existing marriage or divorcing the spouse of the existing marriage. But beware , it will weak your pending case.

- Who has possession of the Gold in dispute , it will be decide in the trial of the case, mere saying that either of the parties having possession of the gold is not enough.

- The statement of your wife that your mother has taken all the Gold items , this is general practice for filing of the case in support of women.

- If, you want second marriage after divorcing the present ,better you settle the case with one time payment and let her to start a new life with others.

Good luck.

Allah Hafiz.

Yes it may risked sometime like this only, but you need not to worry about the same as her allegations are false which can be constituted from you query itself.

Yes, you should not marry till the time you do not get divorce otherwise you may go in jail also as per offence if bigamy in IPC.

1. The problem is tht you may not be permitted to travel abroad during the pendency of a criminal case against your name.

2. As your religion permits you to marry another person during the subsistence of the marriage, you can very well proceed, there is no legal infirmity in it.

3. If court grants her maintenance, you may have to pay her till her life or until she remarries another person.

1. Your lawyer is confused about the second marriage, ignore it. You can contract a second marriage during the subsistence of previous marriage as your Muslim law.

The maintenance amount has to be given to her till her lifetime or until she remarries another person.

2. You mean dispensation of personal appearance.

Well, you can be in touch with your lawyer about it.

3. You can inform your advocate about this who will take care of this issue during trial proceedings.