• Affidavit marriage

Hello sir I am a Muslim girl. I am going to marry a man but problem is that man had a girl a girl friend. Both had affidavit of marriage but no proper marriage. Now she is trying to blackmail my fiance on the basis of that marriage affidavit. I wanted to know till how long marriage affidavit is valid?? How to nullify affidavit marriage???
Asked 6 years ago in Family Law
Religion: Muslim

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17 Answers

Marriage declaration on affidavit will also be consider as marriage till the declare null and void or if both are Muslim then valid till divorce.

Being a Muslim he may solemnized 4 marriage, but due to second marriage she may file a complaint against him under section 12 of Domestic violence act 2005 and claim right to residence, protection, maintenance, child custody if any and compensation as per section 18,19,20,21&22 of the Act.

She may also file maintenance case under section 125 of cr.p.c. against him

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Marriage/'Nikah' according to Muslim Law is a contract underlying a permanent relationship based on mutual consent.

REQUIREMENTS

The solomonisation of marriage requires adherence to certain forms and formulas. They are called the essentials of a valid marriage. If any of these requirements is not fulfilled the marriage becomes either void or irregular, as the case may be. Thus the essentials are as follows:

1. Proposal and Acceptance

2. Competent parties

3. No legal Disability

According to Muslim Law it is absolutely necessary that a man or someone on his behalf and the woman or someone on her behalf should agree to the marriage at one meeting and the agreement should be witnessed by two adult witnesses.The Words conveying proposal and acceptance must be uttered in each other's presence or in the presence of their agents, who are called Vakil's.The other condition for a valid marriage is that the transaction must be completed at one meeting. A proposal made at one meeting and an acceptance at another meeting do not constitute a valid marriage.There must be reciprocity between offer and acceptance. The acceptance must not be conditional.The parties contracting marriage must be acting under their free will and consent.It is essential amongst the Sunnis that at least two male witnesses or one male or two female witnesses must be present to testify that the contract was properly entered into between the parties. The witnesses must be of sound mind, adult and Muslim.

In Shia Law, a marriage contracted by the spouses themselves or their guardians in private are held valid. Presence of witnesses is not necessary.More over a marriage of a Muslim female with a non-Muslim male, whether he be a Christian, or a Jew or an idolator or a Fire-Worshiper is irregular under Sunni Law and void under Shia Law.

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.Muslim men are preached that they can marry for the second time only if they are able to be equitable to both the women. "In the same breath the surah nisa further states that practically this is not possible and therefore second marriage should not be contracted because it will cause injustice

So mere affidavit does not leads to a valid marriage. A Muslim man married according to Shariat Muslim Law can have four Muslim wives legally on certain conditions. So their marriage is not a valid one.

Ajay N S
Advocate, Ernakulam
4073 Answers
111 Consultations

5.0 on 5.0

1. Affidavit is no proof of marriage.

2. If both he and his girlfriend is Muslim then to prove a valid marriage it requires a Nikahnama and not affidavit.

3. Do your fiance can ignore such affidavit and proceed to contract Nikah with you.

4. In any event since Polygamy is permissible under Muslim law o marrying you would not make your marriage invalid even if his previous marriage is found to be proper and valid.

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

1. You better get that affidavit examined by a lawyer as in a marriage under Special Marriage Act the affidavits are filed by the would be spouses, so it is possible that the marriage may in fact be a legal marriage.

2. A marriage once done remains valid till it is dissolved.

3. Under the Shariah Law a Muslim male is free to have for wives at a time.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

The affidavit can not prove the marriage unles and until the same has also taken place as per the personal laws or as per the statutory laws.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Since there is no first marriage, you two may go ahead and get married to each other.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1) if no marriage had been solemnised marriage affidavit has no value

2) no need to bow down to blackmail tactics

3) your fiancée should inform his girl friend that no marriage had been solemnised that he was forced to sign on said affidavit on basis of marriage greats received from girl of filing false cases against him

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

Affidavit of marriage cannot he used as only to prove the valid muslim marriage the contract or nikah nama for marriage has to be there.

So ask the boy to donot fall pret to such blackmailing tactics and further you both can marry under the muslim personal law.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Mam affidavit of marriage is no proof of marriage as such in case scenario marriage is established valid then also muslim.man can marry 4 wife's and In this situation your fiance can divorce her as per personal law.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Marriage based on affidavit is not valid you have to do your marriage as per the Sharia law in case there is lot of trouble in that marriage I don't understand that willingly anyone would like to go into that kind of trouble. this is your life and you can decide better for yourself. it is advisable to stay away from this Marriage and find a better life partner for yourself to live life happily and peacefully.

Best of luck!

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

That marriage affidavit does not holds good and it is just a piece of paper.

There could be no affidavit marriage, even in Islam.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Dear Client,

No marriage solemnized by affidavit, so no validity of such marriage and affidavit. But she can file case of rape and cheating u/s 375 IPC

Rape -

- (Fourthly) —With her consent, when the man knows that he is not her husband, and that her consent is given because she believes that he is another man to whom she is or believes herself to be law­fully married.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

hello

a simple affidavit has no legal sanctity and therefore she can't blackmail that person unless she was living with him as a wife before he came to know you. if the girl is able to prove that she was married to you before she came to know you, then the girl may demand maintenance. more than 1 marriage is allowed in Islam.

regards

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Affidavit of marriage is not a valid form of marriage and Nikah Nama is required for a marriage to be legal in Muslims. So, based on solid affidavit the girl cannot be considered as a lawfully wedded wife of your boyfriend.

So, your boyfriend should simply ignore the threats forwarded by the girl and can get legally married you as Muslims are legally allowed to have four wives.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

As the affidavit of marriage is not legal, therefore you would be considered as the first wife of your husband as the first marriage never took place legally.

Even if girl is able to prove that first marriage was legal, your husband cannot be punished for any crime as Muslim man can have four wives at the same time legally.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

If there was no legally valid or recognized marriage then it is not a valid marriage and not enforceable in law.

Therefore you can ignore that.

However she may lodge a criminal complaint against him for the offences of cheating which your fiance may have to take care.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

There are no consequences or adversity in it.

He can ignore that invalid marriage and move on with the proposed legal marriage with you.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

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