• Second marriage

My first wife is Muslim want to remarry with hindu girl. Will it be possible without giving divorse to the first wife.
Asked 6 years ago in Family Law
Religion: Hindu

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17 Answers

For marriage under special marriage act it is necessary that both parties should not have any subsisting marriage 

you can divorce your first wife and then remarry 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

1. It is not clear whether you are Hindu or Muslim and whether your marriage registered under relevant Act r not.

2. if you are Muslim then only you can remarry without divorcing your first wife.

3. if you are Hindu then you can not remarry second time, more so, if your first was registered under Special Marriage Act  without getting a decree of divorce.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

It will not be possible since you are hindu and you cannot remarry without divorce to first wife.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you can remarry if your wife is not objecting as per law second marriage shall not be valid if challenged by first wife and she can after also file a bigamy case.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

As you are a hindu and your wife muslim you must have married under the special marriage act. you do not want to divorce her therefore there is no way legally wherein you can marry her.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

here the consent of the wife is immaterial as the law prohibits you to marry again. It is an offence.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

If your fiancée is willing to convert you can marry under provisions of Muslim personal law 

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

Dear Sir,

Yes, you can marry another girl.  A man does not need approval of his first wife for a second marriage as there is no evidence in the Qur'an or hadith to suggest this. 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

That hindu girl should first convert to Islam then it's possible.  Still your wife can object to the same

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

Well without Divorce you can not marry. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hindu man cannot go for bigamy legally. If you wants to marry the second time, you have to divorce first wife. with the consent of  first wife you can do  second marraige but your second marriage never got legal status.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

NO.

Without divorce, second marriage is illegal and void.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

No. It would be a criminal offence under section 494 of the Indian Penal Code.

Getting remarried during the subsistence of your first marriage is illegal.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Even if your first life gives consent to your second marriage, your second marriage will still be void and illegal.

Even the family members of the the girl can file a complaint against you with the police for the offence of bigamy.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Even though your first wife is a Muslim by religion, your marriage was performed under the provisions of special marriage act only since you both belong to different religions

Therefore you need to dissolve your marriage with that wife.by a decree of divorce through a court of law and you can marry another female after that, notbefore that, it may be considered as bigamy, a crimninal offence.

T Kalaiselvan
Advocate, Vellore
89994 Answers
2495 Consultations

Whether the first wife is giving her consent or not, any marriage contracted dung the subsistence of an earlier marriage, it will be treated as null and void and also an offence under criminal law.

T Kalaiselvan
Advocate, Vellore
89994 Answers
2495 Consultations

Dear

You can't remarry without divorcing your first wife as per Hindu Marriage act even if first wife gave consent to you for remarrying as the second marriage will be null and void and also a criminal case of bigamy can registered against you if some one complaint against you.

And there is no possibility for legal second marriage.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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