is it ok with indian marriage rule if separated man wants to get married ?

Question

my indian bf already separated with his wife for 5 years.
now we are planning to get married.
please tell me about indian muslim marriage rule, coz I don't want to have a problem someday if it's against the law.

Answer 1

A muslim can legally have upto 4 wife's under his personal law. If you want to get married to him during the subsistence of his earlier marriage, you have to do so under the Special Marriage Act. If he does so he is prohibited from entering into any more marriages under his personal law. A muslim is free to divorce his wife unilaterally at any time, at his will by uttering Talaq as per the law of the sect to which he belongs. The most popular being Talaq ul Biddat practised by Sunni muslims, i.e triple talaq uttered at a single time which operates as irrevocable divorce.

Under Hindu law, if a husband is separated from his wife, it is not legally valid for him to enter into a second marriage. Such second marriage if performed as per custom would make him liable for bigamy u/s 494 IPC. He has to get a decree of divorce from a competent civil court for his first marriage before he can enter into a second marriage.

I would like to reply to my learned friend Vijay M, firstly i am not giving legal advice, secondly, according to Sec. 42, 43 and 44 of the Special Marriage Act, the requirement that a person should be unmarried or single before he gets married under special marriage act does not apply to muslims and so also Sec. 494 IPC. If a muslim is married under his personal law as per shariat act it is legal and does not conflict with special marriage act and is not a disability to his marriage which would normally be the case as per Sec. 4(a) of Special Marriage Act. The disability under Sec. 4(a) applies only to persons to whom Sec. 494 IPC would apply and to those muslims who have already married once under the special marriage act. In this case, the shariat act permits a muslim to have 4 wives under personal law and this personal law would prevail over Sec. 4(a) requirement. The provisions of Sec. 4(a) would come into play only when a muslim forfeits his right to marry under his personl law by marrying under the special marriage act. His prior marriage under Shariat Act is therefore not an impediment to his marriage under Special Marriage Act but it only acts as an impediement to his subsequent marriage. I request my learned friend Vijay M to excuse any mistake in interpretation of statute. This is purely my understanding of the statute and is not to be constured as legal advice.

Answer 2

Only after a man is legally divorced from his wife, can he remarry as per Civil Marriage Act. Muslim marriage rule allows a man to keep 4 wives. But most Muslims don't follow that rule these days and have 1 wife only.

Answer 3

As per India's age-old custom, once a girl marries someone, she becomes in integral part of the boy's family. So, as soon as you are married, you are as much an Indian as any other. If you reside outside India, you could apply for Overseas Citizenship of India (details available in any Indian consulate web site). In about 3-4 months, you will be like (almost) an Indian citizen with a passport. If you are residing in India, approach nearest passport office.

Answer 4

All Indian Men are warned by Divorcees Like Girija Vyas and Renuka Chowdary to not marry or be a victim to misuse of laws by Prostitute Indian Feminists!!

Answer 5

He's a Muslim so he can marry u without divorcin his wife but technically according to most Islamic sect's laws n guidelines he wud still need consent from his 1st wife unless she is unable 2 produce babies or is mentally unsound.

Answer 6

they need to sign some papers, if you live in Indian then there no problem,

Answer 7

In India mostly Indian Muslims are covered & follow the Shariat law relating to marriage & Divorce. According to this personal law the Indian Muslim can have 4 legal wives at the same time with the strict condition to treat & provide equally to each all the facilities which he is supposed to being their husband. Now some one suggested here that you should get married to him according to the Special Marriage Act,1954 as he being a married man & not legally divorced he can do so & such marriage under the said Act will estoppels him to get married again. Unfortunately people who have no legal knowledge start giving legal advice without understanding the actual provisions of the various enactments & then mis guide others. I would not have given answer to this question had I not read such wrong legal guidance & thought it was my moral & professional duty to state the correct legal position in this regard. The Special Marriage Act, 1954 is the only secular enactment which has been enacted in India for inter-religious, inter-caste, inter-racial marriage & divorce etc. No doubt you can marry him under this Act with him if both of you fulfill the required conditions as provided under section 4 of this Act which as follow: - Conditions relating to solemnization of special marriage.-
Notwithstanding anything contained in any other law for the time being in force relating to the solemnization of marriages, a marriage between any two persons may be solemnized under this Act, if at the time of the marriage the following conditions are fulfilled namely:
(a) Neither party has a spouse living:
(b) Neither party-
(i) is incapable of giving a valid consent to it in consequence of unsoundness of mind, or
(ii) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(iii) has been subject to recurrent attacks of insanity or epilepsy;
(c) the male has completed the age of twenty-one years and the female the age of eighteen years;
(d) the parties are not within the degrees of prohibited relationship:
Provided that where a custom governing at least one of the parties permits of a marriage between them, such marriage may be solemnized, notwithstanding that they are within the degrees of prohibited relationship: and
(e) where the marriage is solemnized in the State of Jammu and Kashmir, both parties are citizens of India domiciled in the territories to which this Act extends.
In you case the very first condition that neither party has a spouse living, this itself is being infringed as he has a spouse living & he his first marriage has not been dissolved by any court of law by way of divorce of annulment nor he has obtained divorce according to the Shariat Muslim law applicable to him. Now since this very first condition is not fulfilled in this case the question of your getting married according to the provisions of the Special Marriage Act, 1954 doesn't exist & no Marriage Officer/Registrar will allow such marriage to be preformed & shall not issue any marriage certificate to this effect. Now what are the ways out for such case, either he takes triple divorce from his wife within a period of three months as applicable to him & provided under the Shariat Muslim Law or you marry him according to his present marital status by first converting to Muslim Religion if you are not so. In the later case the marriage between both of you will be definitely legal as far the Muslim Personal law is concerned but if you would like such marriage registrar at a later stage to be registered under the provisions of the Special Marriage Act, 1954 it won't get registered as the conditions with regard to marriage under this Act are equally applicable to its registration for marriages preformed according to any other form but are been sought to be registered under this Act. Now you will say let it be no registration how it makes any difference. Well fine it may seems not be making any difference at the present moment but when you want this marriage to be recognized by your country for the purpose of his immigration to your country or your immigration for India, then the immigration department of both these countries will be asking you proof of this marriage in the form of Marriage certificate issued by the Marriage Officer/Registrar appointed by the Government then what will you do? It is very easy for every one to comment & pass their views on legal issue but its very difficult to actually understand the intricacies of legal provisions.