• Marriage with Indian Guy and Indonesian Lady

I am an Indian national follow Islam religion and married with Sharia marriage in India. ( I have marriage certificate from Shariya Marriage Institute ).
Now I want to marry an Indonesian lady with out divorcing my first wife.

What are the options available to me for this second marriage to be registered in India.
Asked 6 years ago in Family Law
Religion: Muslim

3 answers received in 30 minutes.

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20 Answers

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. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear

You cannot get married again without getting divorce from your first wife

you need written consent from your first wife for marrying again without divorcing her otherwise she can lodge FIR against you for Bigamy which is punishable under Indian penal law.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

See as per the muslim law you are permitted to marry in substance of your first marriage .Though as per registration act they may not register your second marriage 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Polygamy is allowed in Islam and a Muslim can marry and keep a second wife. She has to be a Muslim and the marriage can be registered.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can do it with consent of first wife as per sharia law

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Marriage between Indian and foreigner has to be solemnised under provisions of special marriage act 

 

2) if you have spouse marriage cannot be registered under provisions of SMA as under said act both parties need to be unmarried 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

Provisions of foreign marriage act are akin to that of SMA 

 

marriage  cannot  be  solemnised  and registered under SMA if you are already married 

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

1. If this lady also professes Muslim religion then you can marry her as per Sharia Law as well since Polygamy is permitted in your faith.

2. This marriage though can not be registered under either of the Acts as stated by you but a Nikahnama can be issued if the marriage is perfomred by Muslim rites and customs.

3. registration of marriage is possible only of your previous is first dissolved. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

It has to be performed by local Qazi.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Second marriage is void if first persist. 

For more clarification can also collect information from marriage registrar office. 

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

As it's under sharia law it can be performed before qazi with nikahnama

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

IF local quazi can read the nikah fine otherwise, under Foreigner marriage act and Special marriage marriage not permitted due to living spouse.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

- If you are obtaining the divorce from first wife than it shall be under Special Marriage Act

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

- 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. You need not take permission of the first wife for this purpose.

- You can marry with this Indonesian lady as per Sharia Law .

- Registeration of second marriage without the cosent of your first wife is not permitted in India. 

- If , permission allowed, you can get registered your marriage under Special Marriage Act

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

First of all you need no objection certificate from your wife before going for the marriage this marriage can be performed in any way whichever you like but it will be registered under special Marriage Act and you have to provide all the details of the would be wife and no objection certificate from the embassy as well as the declaration that she is single before getting it registered

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Client, 

As per facts,

1). Under Muhammad Personal Laws, a Muslim man can have four wives at one time. 

2). you can register under the Special Marriage Act, 1954.

 

You may call me through KAANOON for more detail.

Mukesh Kumar
Advocate, Jaipur
92 Answers

If the first marriage was solemnized as per Muslim law and the second marriage is registered under Special marriage Act or Foreign Marriages Act, irrespective of the religion of the parties, such marriage is invalid. 

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Your marriage with the foreigner can be solemnized under the provisions of special marriage act only.

The criteria for special marriage act is that the marital status of both the persons should  be single at the time of solemnising the marriage under the provisions of special marriage act.

Therefore it will not be legally possible to register your marriage during the subsistence of your previous marriage.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

The marriage solemnised before a qazi will not have legal recognition especially when you would claim her to be your wife as per Indian laws unless your marriage is registered under the special marriage act.

 

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

If you aren't happy with first then give her divorce and then marry other. Laws are changing and things may not be suitable for such practices. Rest your choice. 

Gopender
Advocate, New Delhi
383 Answers

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