Cheating marrying multiple girls
I am a hindu and my husband is a muslim by birth, we were in relationship from 2005, on Aug 30, 2011 he married me religiously before friends and later on 2013 i got muslm convertion certificate and he married me legally before muslim mosque and submitted certificate before corporation in kerala. so i got marriage certificate finally on sep 2013. we were living abroad and he comes his house mostly. my parents were against this marriage and they dont keep a relation with me.
Before my friends and working environment i introduced him as my husband and also he did the same.
Now, dec 2015, i came to know that my husband has a wife and kid in his house. i was unware of this reationship and when i went his house only , i came to know the facts.he married her on oct 2nd 2011, before his muslim community.
what can i do against this cruelty to me. nobody to help in my family me, since i have not married a muslim. Now i am alone facing all issues.
Asked in Criminal Law from Kollam, Kerala
1. Your husband, being a Muslim, is legally entitled to marry four times which you knew very well before you married him,
2. He has married another girl months after he married you,
3. You can either except his said 2nd marriage or ask him for Talaq or give him Khulla to terminate your matrimonial relationship with him.
Legally you seems to be second wife. How is your relationship with him now?
A Muslim man married according to Shariat Muslim Law can have four Muslim wives legally on certain conditions, Which mandates that husband should be Muslim and wife should either be a Muslim or Kitabia (refers to Christians as well) at the time of marriage. However if the Muslim marriage with first wife was registered under the Special Marriage Act,1954 than such Muslim man get bound by the said Act of 1954 and he cannot marry during the lifetime of first wife otherwise he will face criminal charges under section 494,495 of the Indian Penal Code for offence of bigamy and face punishment up to 7 years and fine.
In your case legally your marriage is done in the year 2013.
You can claim maintenance amount ,shared house stay from him under DV Act.The ultimate remedy is divorce by filing a petition under the ground cruelty.
As per Muslim personal law he can marry another female while a previous marriage subsists.
However his act can be considered as cheating but since he belong to Muslim religion no charges can be made against him on this ground.
If your are not interested in continuing your marital relationship with him, you may file a divorce suit against him under Dissolution of Muslim marriages act, 1939 o the grounds of mental cruelty.
If you are not employed, you can seek monthly maintenance amount also from him under section 125 cr.p.c.
Under the provisions of domestic violence act, you can even seek residential rights from him.
If you are not interested to live with him anymore due to his cheating attitude, you may decide to quit the married life with him by seeking divorce from him either under mutual consent (khula) or through a court of law.
When you have converted, evidenced by the conversion certificate, on what basis do you claim to be a Hindu? Be that as it may, as he is a Muslim, he is permitted by the personal law to have up to 4 wives at a time. As a corollary thereto, you cannot prosecute him for bigamy. He has not violated the penal law of India. The only remedy you can adopt against him is to file for maintenance if he is not supporting you financially.
you may file a domestic violence case against him and claim protection, right to residence, maintenance, child custody if any and compensation under section 18,19,20,21 & 22 of protection of women from Domestic violence act-2005
you may file a divorce case before family court.
you may also file a maintenance case u/s 125 of Cr.P.C.
Advocate, New Delhi
1) under Muslim personal law Muslim is allowed 4 wives
2) in yiur case you have conveyed to Islam and marriage has been solemnised as per Muslim personal law
3) you can divorce yiur husband as per Muslim personal law
4) reconvert to Hinduism and move on in life
in the alternative you can file domestic violence against your husband and seek maintenance, alternative accommodation , compensation for mental torture undergone by you