Hi, we are a Muslim Indian family. My sister has been married for 14 years now, but due to some differences she got separated from her husband twice in last 5 years. Right now she is staying with her parents in UAE and working there as well. Her marriage happened in India under Muslim marriage laws. Her husband has been working/staying in Saudi Arabia for last 6 years. They both have a 6 year old daughter who is staying with mother right now. Recently we heard that he married a second girl in Saudi Arabia without even being divorced and without letting my sister know. We wanted to know what can be done under this situation ? Can we take any steps In Indian court ? Since Indian law does not allow more than 1 marriage. But since Saudi Arabia allows man to keep 4 marriages at once so we don't know what rule applies & what steps can be taken. Please help with suggestions.
The second marriage during the subsistence of previous marriage in Muslim religion is common and not an offence.
Your sister cannot take any action for bigamy.
However she can file a case for domestic violence offence in India citing this as an act of mental cruelty.
Muslim can remarry during subsistence of earlier marriage as per Muslim personal law but consent of first wife is necessary
2)
3) you can file for divorce on grounds of cruelty
4) One of the most ingredients to attract the offence under section 494 IPC is that the second marriage should be void. So far as Muslim males are concerned, since they can have four wives living at a time, the second marriage is not void. Since the second marriage is not void, the offence under section 494 IPC is not attracted, even if the Muslim male marries a second woman.
5)Even Section 494, Penal Code, which makes bigamy an offence applies to Parsis, Christians and others, but not to Muslims because polygamy is recognized as a valid institution when a Muslim male marries more than one wife.
I understand this is a difficult situation for your family. Here's what you can do:
Legal Jurisdiction:
While your sister's marriage happened in India, her husband currently resides in Saudi Arabia. This creates a complex jurisdictional issue.
Potential Courses of Action:
Indian Courts:
For mushlim, polygamy is legal in India, proving a marriage happening abroad can be challenging. However, you can still explore options in an Indian court:Nullity of Marriage: Since the husband allegedly took a second wife without a proper divorce, or consultation with your sister. your sister can file for a declaration of nullity of marriage in an Indian court. This would legally invalidate their marriage from the beginning.Domestic Violence: If your sister experienced any emotional or financial abuse during the marriage in India, she can file a domestic violence case against her husband.
Considering Saudi Arabia:
Polygamy is legal in Saudi Arabia. However, certain conditions need to be met, including the first wife's consent and fair treatment of all wives. Here, legal options are limited for your sister as she isn't residing in Saudi Arabia.
Yes you can file complaint under DV Act and other provisions for maintenance. The said marriage will not have any validation in india
- As per Delhi High Court, Muslim men cannot perform second marriage, without prior consent of their first wife
- Further, as per Punjab & Haryana High Court, no Muslim male is entitled or permitted to marry four times at his whims and fancies.
- Hence, if he has married without taking consent of your sister , then that marriage can be declared as null and void
- Further, if her marriage was solemnized in India , then she can file cases against him in Indian Court even she is working abroad .
Muslim laws allows polygamy in India.
We are from Bangalore, does law differ based on state ? If consent is needed can we file some case on the husband for breaking rules ? Also, will domestic violence case be valid because they have been staying separated for almost 2 years now. If we file divorce will court give maintenance for child ? Because my sister is working so she might not fall under maintenance.
If there is substantial difference in your incomes you would get maintenance
2) you would get maintenance fir your child
3) you can file DV case as it is a continuing offence
4) you can also file for divorce
The law is common across the country, there's no state law governing the situation.
She can file maintenance case for her child.
DV case can be filed even now.
Muslims in Indi also can marry more than once whiteout divorcing the first wife.
In this situation your daughter can file case for maintenance of the children. She can file case for domestic valence also.
She can file suit for divorce as well.
Then you can file for maintenance under 125 crpc and under Hindu maintenance laws in family court without filing divorce
working wife entitle to maintenance. And she can also file Domestic violence case. Living separate does not make any difference.
Do u have nikaahnama ?
- Yes, she can file the cases and complaint under the provision of DV Act against her husband from the Bangalore.
- Further ,she can lodge an FIR against him under section 498a for the offence of cruelty .
- Further, she can also demand maintenance for the child as well.
This case must be dealt under the private international where the laws of states differs. The capacity to second marriage is governed under lex domicile i.e indian law. Under indian law polygamy in not legal. So the marriage is not legal and your sister can file case on her husband. On filing for divorce the accordingly give maintenance for child. The case for domestice violence can be filed accordilngly under limitation act.