• Can I register my third marriage legally?

Can i register my third marriage legally, without giving talaq to my second wife?

Im a muslim man. I got married twice. Both my wives are muslims. I gave talaq to my first wife and married second wife by islamic way. I didnt legally register both my marriages. Now my second wife left me. But i didnt want to give talaq to her.

In this situation, i got affair with a muslim girl. And we like to marry. She wants me to marry her legally. She is asking me to marry her under special marriage act or hindu marriage act or atleast register our marriage in sub registrar office.

Is it possible to register my third marriage, without giving talaq to my second wife? If its possible what are all the steps i have to follow.
Asked 9 months ago in Family Law from Vaniyambadi, Tamil Nadu
Religion: Muslim
1) for marriage to be solemnised under HMA both parties have to be Hindus 

2) for marriage under SMA it is necessary that neither party has spouse living . you would need to divorce your second wife 



3) if your third marriage takes place without consent of your second wife she can divorce you 

4) for marriage under SMA 

The persons intending to register their marriage have to give notice thereof in writing in Triplicate in forms specified under second schedule under Section 5 to the marriage officer of the District in which at least one of the parties to the marriage have reside for a period of not less than 30 days immediately preceding the date on which notice is given.
a) . After the receipt of the notice the marriage officer shall enter a true copy in the marriage notice Book and shall cause the notice to be published in the notice board of his office and also see that the notice is published in the office of the marriage Registrrsa in whose District the parties are permanently residing.
b) . Any person before the expiration of 30 days may make an objection that the marriage contravenes the essential conditions noted above.
c) After the expiry of 30 days of notice the Sub-Registrar shall register the marriage after the Bridegroom and Bride sign a declaration in form specified in
the Third Schedule in the presence of three witness and they should utter in the
language known i(a) take the (b) I take b) to be my lawful wife.
d) The parties may choose any other form like exchanging the Garlands ….etc apart
from the above
e) By this process the marriage is deemed to have been solemnized and the
marriage officer shall enter the particulars in the marriage certificate book and it
will be signed by the partiers to the marriage and Three Witnesses.

f) After the above procedure is over the parties will be issued an extract of the
marriage register.
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
DOCUMENTS REQUIRED FOR COURT MARRIAGE
Application form in the prescribed format with the prescribed fee
Passport Size Photographs of Marrying Persons
Residential Proof of Marrying Persons.
Date of Birth Proof of Marrying Persons.
Residential Proof and PAN Card of Three Witnesses
Death certificate or divorce decree whichever is applicable, in case one of the parties had any marriages in the past.
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. Muslim personal laws recognizes the registration of Marriages through Public or Private Kazis. 

2. You can get the marriage registered before Muslim Marriage Registrar under the Local Marriage Registration Act applicable to any form of marriage irrespective of the religion of the parties. Since it will be a Muslim marriage that will be registered under the Act so only the Muslim Personal Law as provided in Shariat will apply in your marriage, however if you get your Muslim marriage registered under the Special Marriage Act,1954 then you will be bound by that Act, wherein you will neither be allowed to give divorce to your wife by triple divorce process nor you will be allowed to have more then one wife during the lifetime of your first wife, both these rights which any Muslim husband gets through the Muslim Shariat Law concerning the marriage amongst the Muslims in India. The Special Marriage Act,1954 provided for Civil form of Marriage & it has clearly provide process & procedure for divorce & law relating to bigamy which is not only illegal during the lifetime of first spouse but even a punishable offence under section 494,495 of the Indian Penal Code 
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Hi, You being  Muslim you can have 4 wives at a time so you can register your marriage under special marriage act and not under Hindu Marriage.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
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1) for marriage under SMA it is necessary that neither party has spouse living .

2) you are already married . divorce your second wife and then remarry 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Your subsequent marriage, without obtaining divorce from your current wife, will be illegal.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
In this situation, i got affair with a muslim girl. And we like to marry. She wants me to marry her legally. She is asking me to marry her under special marriage act or hindu marriage act or atleast register our marriage in sub registrar office.

If both the parties belong to Muslim religion, they cannot marry under HMA or Special Marriages act.  They can marry under the Muslim marriages law only especially when the male is already married and his previous marriage subsists.  The Nikahnama issued by the mosque registering their marriage will be the legally valid marriage certificate or proof for their marriage.  They need not register their marriage in the registrar office. 


It is possible to have another girl married while your previous marriage subsists being a muslim male. The Muslim personal law permits you to do so. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
Thank you sir. I appreciate all your answers. Are you sure sir? Without giving talaq to my second wife, shall i register my third marriage under special marriage act?
The criteria under special marriage act is that both the parties to the marriage should not have a subsisting marriage  so you may not be able to register the marriage under special marriages act if the details of subsisting marriage is revealed. 
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0

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