The situation is: I live in bhopal, MP state of India, married, Muslim male, want to marry a Muslim girl from Morocco, my first wife is not ready to give permission for a second marriage. the Moroccan girl want to live in India after marriage. I am looking for a simple option but confused with different types of advice: 1. Some say register with Special Marriage act but the problem is there is no polygamy option. 2. Some say marry in morocco and then register in India under foreign marriage act but the problem is the Moroccan law required permission from the first wife. 3. some say, do nikah in India and take nikahnama then apply for nationality for the second wife but i am not sure will it work. I want to know which option will be better from legal point of view.
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If there is no prohibition in nikahnama for second marriage than you can marry her in India.
Both are muslims, so SPM will not apply, further second marriage is void under SMA.
Under foreign marriage also same prohibition.
Only way out, marry her in Inida.
Dear Sir,
Whereas the plural marriage is permitted in Islam and also in Muslim Personal Law, but it requires equal care and love of all wives and no complaint from any wife. In addition, it is also necessary to inform that in case of plural marriage, one wife also may file the case of maintenance under section 125 Cr PC. Please be sure that by this advice you are being made aware of the legal complexities that may come in your ways and hence you are suggested to have consent of first wife, then go for nikah in India and take nikahnama then apply for nationality for the second wife. But, be sure to go for all the legalities of coming of that Morocco girl to India and all other legal formalities and registration of marriage etc.
You cannot marry during subsistence of earlier marriage under provisions of special marriage act
2) even if you marry abroad your marriage would not be registered under provisions of foreign marriage act as its provisions are akin to specula marriage act
3)under Muslim personal law The second marriage of a Muslim husband is legal but he must provide for residence and maintenance to the first wife if she wishes to reside separately.
I think you should go for the third option.
That would be more towards fulfilling the aspects of law.
1. A muslim can keep upto 4 wives under sharia law.
2. In that respect if your present wife was married with under Sharia law then you can marry the second one without divorcing her.
3. However to marry second time you will have to perform the second marriage under Sharia law only and no such second marriage can be registered under law of the land.
You can marry as per special marriage Act you can only get married as per sharia law. If she gets married to you as per sharia law she can apply for citizenship as your wife
Go for option no. 3 as the other 2 do not work in your case. Make an application seeking Indian Nationality of your second wife based on the nikahnama of your 2nd marriage. You will also have to check your nikahnama of your first marriage, if it permits you to go for a 2nd marriage.
Dear Sir,
As per Mohammedan Laws Polygamy is allowed and recognized by Indian Courts only condition is that you must maintain the first wife. Go ahead wisely.
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1. You cannot marry during the subsistence of earlier marriage under provisions of special marriage act,
2. The second marriage of a Muslim husband is legal under Muslim personal law but he must provide for residence and maintenance to the first wife if she wishes to reside separately.
3. if you opt for marriage against the pleasure of your first wife she may file maintenance, DV, Dowry complaint against you,
You can marey her if you want as Islam ie your personal law allows upto 4 marriages. Bring her on a tourist visa and marry her. Then she'll apply for a permanent residency for a few years unti she gets citizenship.
You can divorce your wife through a divorce or can keep her.
Dear Querist
Solemnization of Nikah is the only option available to you because in Special Marriage Act-1954 you have to mention your first marriage too as you are already married so you can not declare yourself as a bachelor or divorcee.
After Nikah, you may apply for registration of Marriage under Special Marriage Act-1954, only for registration of marriage and not solemnization of marriage.
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See you have two option in this situation either you can take divorce from your first wife and then marry the Moroccan lady. Or you marry her as per personal law make Nikanama if same is not accepted for visa file petition before HC for directions.
Thirdly you can marry outside India and register marriage in that country and using that registration certificate she can apply for visa.
- As per law , second marriage of a Muslim cannot be registered under the Special marriage Act in India.
- Further , If a person who is married to a citizen of India and is ordinarily resident in India for seven years , can apply for getting India Citizen. It means that after the marriage , she will have to wait for seven years for apply to get the Indian Citizenship & apply for Indian passport on basis of this acquired Indian citizenship.
- Hence, 3rd option is only there for you legally.
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 can marry her as per shariah personal law.
husband not required permission from first wife.
In India, even you belong to Muslim religion and would conduct the marriage as per Muslim personal law, you need to register your marriage in India under special marriage act especially when you intend to marry a foreigner.
Without registration of marriage under the said provisions of law, your marriage cannot be recognised as a legally valid marriage.
The nikahnama would be valid only if you both are Indians.
Under special marriage act, there should not be any marriage subsisting in both the parties to the marriage prior to this registration.
So your desire cannot be legally fulfilled
Most of the advices i got for get a Nikahnama and then apply for citizenship but plz clear 2 points: 1. Is the nikahnama would be valid only if you both are Indians ??? 2. If conduct the marriage as per Muslim personal law in india, it must be registered under special marriage act especially when intend to marry a foreigner. Without registration of marriage under the said provisions of law, the marriage cannot be recognised as a legally valid marriage. Under special marriage act, there should not be any marriage subsisting in both the parties to the marriage prior to this registration???
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
It is not necessary both should be Indians . I presume girl is Muslims and your second marriage would be valid
2) you cannot register marriage under SMA as you are already married
To marry Muslim foreign citizen as per Sharia Law in India there is no need to apply for citizenship of the girl first.
A per Muslim rites and customs you can marry Muslim foreign subject in India while she is in visa to India;.
1. See for nikhanama citizenship is not issue.
2. Without registration also if married as per personal law marriage is valid .
Both are muslims so customary marriage may be valid.
Try via nikah only, other options are not open for you.
Nikahnama would be valid for the couple who both are Muslims, but since one of you is a foreigner, your marriage will be valid only if the same is registered under Special marriage act and the marriage certificate is essential for getting spousal visa and also for citizenship purposes.
So you think properly before you take any decision in haste.
No sharia law is for 2 Muslims. You can register the said marriage under special marriage Act as the said Act is for both single or for single and divorcee but not for married and single/divorcee
1. Nikahnama will be valid for marriage all over the world. it is immaterial that both are Indian or not but should be Muslims.
2. For solemnization of marriage as per Personal Law is sufficient for a valid marriage, but registration will be mandatory because she has to get citizenship and for this marriage registration certificate is a must.
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Hi
1. No, its valid even when anyone is non Indian also.
2. Get the nikahnama done
Dear Sir,
As per my opinion, the nikahnama will be valid, even you are citizen of different countries. The registration of marriage can be done under your personal law.
You cannot marry under special marriage act(SMA).
As stated in your post, even if you marry abroad it will not be registered under Foreign Marriage, since the said Act's provisions are similar to that of SMA.
Since both of you are Muslims, as per Shariah you can marry second time and when it comes to your first wife you need to provide her with Residence & Maintenance.
Thus, go ahead and get married as per Sharia.
1. Works even if one is foreigner. Would be governed with Sharia laws/Muslim personal laws.
2. They will refuse to register your second marriage, because the SMA does not permits the same. You will have prefer a writ petition.
https://timesofindia.indiatimes.com/city/mumbai/Muslim-man-moves-Bombay-high-court-to-register-second-marriage/articleshow/50553191.cms
https://timesofindia.indiatimes.com/city/mumbai/Muslim-man-moves-Bombay-high-court-to-register-second-marriage/articleshow/50553191.cms
1. As per Muslim laws in India you have to get permission from your first wife before second marriage.
2. You cannot do Nikah in India without permission from your first wife so regisration of marriage will not be possible.
A nikahnama is valid even if she is not an Indian.
Yes there should be no marriage before under the special marriage act.
1. No, the Nikahnama is valid for all purposes in India , as well as abroad.
2. Nikahnama is very much accepted in Court due to being a valid proof of Muslim marriage , even with a foreigner .
- Registration is mandatory for getting citizenship only. However , after 7 years of period staying in India , she can apply for getting India Citizen.