we got married under the muslim law and obtained a certificate of marriage by the Mullah who performed the marriage. My husband is still legally married to his first wife under the Christian law but seperated. Is our marriage legal
2007-10-02 18:23:33 · 16 answers · asked by henna y 1 in Family & Relationships ➔ Marriage & Divorce
No. A legal Muslim Marriage can take place between two Muslims only. In case this man who is still married to a Christian wife, he himself being a Christian or non Muslim & never converted to Muslim religion his second marriage with you is absolutely illegal & void in the eye of law. If you both converted to Muslim religion for the purpose of this marriage only then this man will be held to have committed bigamy for which he can face prosecution & punishment under section 494 of the Indian Penal Code , in case his first wife files a complaint against him for bigamy under section 494 IPC. Why Dhramendra the famous film star was not prosecuted & punished under this provision because his first wife did not file any complaint against him for bigamy in case he & Hema Malini converted to Muslim religion for getting married. The Supreme Court of India has very clearly held that any conversion to Muslim religion by any non Muslim for the purpose of marriage only will be covered under the provisions of section 494 IPC for the purpose of his or her prosecution & punishment for the offence of bigamy. If you both have not & none of you have not converted to Muslim religion then this marriage stands void abnito, i.e. absolutely void & no marriage for all purpose.
2007-10-02 19:17:59 · answer #1 · answered by vijay m Indian Lawyer 7 · 7⤊ 1⤋
y would u get married under muslim law when u r not muslims.
i think ur marriage is not legal because christians can not be married to more than one person at a time.
The person who pronounced u husband and wife is a fraud as well. Because even muslims can not be married to more than one person at a time.
He should divorce his first wife and u should then get married. Then it will be legal.
There are strict rules that allow a man to be married to 4 women at a time. Everyone has to agree and everyone is treated the same way.
Personally i belive no man is good enough to have 4 wives.
Prem_raj is absoluty right.
2007-10-03 18:02:09 · answer #2 · answered by spongebob 5 · 1⤊ 1⤋
Hi
Muslim Law in India means " that portion of Islamic Civil Law which is applied to Muslims as a personal law". It consists of injunctions of Quran and has been further supplemented and modified by state Legislation and modern judicial precedents of the High Courts and the Supreme Court of India and also of the Privy Council.
Marriage / 'Nikah' according to Muslim Law is a contract underlying a permanent relationship based on mutual consent
ESSENTIAL FEATURES
A Muslim marriage requires proposal (Ijab) from one party and acceptance (Qubul) from the other as is required for a contract. Moreover there can be no marriage without free consent and such consent should not be obtained by means of coercion, fraud or undue influence.
Just as in case of contract, entered by a guardian, on attaining majority, so can a marriage contract in Muslim Law, be set aside by a minor on attaining the age of puberty.
The parties to a Muslim marriage may enter into any ante-nuptial or postnuptial agreement which is enforceable by law provided it is reasonable and not opposed to the policy of Islam. Same is the case with a contract.
The terms of a marriage contract may also be altered within legal limits to suit individual cases.
Although discouraged both by the holy Quran and Hadith, yet like any other contract, there is also provision for the breach of marriage contract.
REQUIREMENTS
The solomonisation of marriage requires adherence to certain forms and formulas. They are called the essentials of a valid marriage. If any of these requirements is not fulfilled the marriage becomes either void or irregular, as the case may be. Thus the essentials are as follows:
Proposal and Acceptance
Competent parties
No legal Disability
Under the Muslim Law a marriage is dissolved either by the death of the husband or wife, or by divorce. After the death of a wife, the husband may remarry immediately. But the widow cannot remarry before a certain specified period called Iddat expires.
Generally, both the parties to the marriage contract have an opinion for divorce, but the husbands right in this respect is much greater than that of the wife.
The husband can dissolve the marriage tie at his will. A divorce can also take place by mutual agreement.
But the wife cannot divorce herself from her husband without his consent. She can of course purchase her divorce from her husband and can have the marriage dissolved by Tafweez (delegation).
Marriage may also be dissolved by judicial decree under the Dissolution of Muslim Marriage Act, 1939.
Dissulution of marriage - have two heads. - By divorce or by death of a party to the marraige and this have 4 types namely
1. By husbad - Talaq, Ila, Zihar
2. By wife - talaktafwid,
3 By mutual consent - Khula, Mubalat
4. By judicial decree- Under dissolution of Muslim marriage act, 1939.
Any way , I dont know how helpfull the above.....
all the best
2007-10-02 19:58:41 · answer #3 · answered by Anonymous · 1⤊ 0⤋
ASWK Sad to hear dat... just google it Maintenance Under Muslim Law
2016-04-07 01:31:45 · answer #4 · answered by Barbara 4 · 0⤊ 0⤋
I would think... and I say think because I dont know, that however they have a marriage ceremony, as long as they sign that license, all is cool.
OH WAIT
ohhhh, hmm... no... because here's the thing, a license is still a license until voided or broken (divorce), you must wait until his first marriage is a complete divorce before yours would be legal.
2007-10-02 18:34:50 · answer #5 · answered by ilovenerd2003 3 · 0⤊ 1⤋
yes ur marriage is legal as per our indian law u can marrie with any religious low.
2007-10-02 19:02:01 · answer #6 · answered by arif k 1 · 0⤊ 1⤋
ACTOR DHARMENDRA AND ACTRESS HEMA MALINI HAD MARRIED EACH OTHER UNDER A MUSLIM MARRIAGE TO AVOID THE CLAUSE UNDER HINDU MARRIAGE ACT WHICH PROHIBITS SECOND MARRIAGE AS LONG AS THE FIRST WIFE IS ALIVE. BOTH ARE NOW IN BHARTIYA JANATA PARTY. SURPRISINGLY HOW THE WORLD WRONGLY CALLS MUSLIMS TERRORISTS ON ONE HAND AND ON THE OTHER THEY TAKE CUNNING ADVANTAGE OF ISLAMIC LAWS AND RITUALS. HOW HYPOCRITICAL. ARE YOU ALSO PLANNING TO FOLLOW SUIT? O ALLAH ! PROTECT US FROM SUCH HYPOCRITES!!!
2007-10-02 18:40:43 · answer #7 · answered by SHAHAZAD SHAIKH 2 · 1⤊ 1⤋
Hmmmm!!1 why? you want to spoil your life... Don't spoil your life, it's to ugly,,, R you doing this everything for money?,,, or self(sex)satisfaction? ,,, it's not the life,, you can get many person of your religion and your caste and may be better then your expectation. But if you have already done this mistake, then you are supper dupper foool... or you are a philandry,,, nothing else.
2007-10-02 18:28:01 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Better consult a Muslim lawyer and a christian lawyer to solve your problem Yours BRAVURA
2007-10-06 07:13:34 · answer #9 · answered by Raghavendra R 5 · 0⤊ 0⤋
Similar to famous actor and actress case now both are enjoying status of even Member of Parliament. So draw inference.
2007-10-02 18:34:08 · answer #10 · answered by Honey786 4 · 1⤊ 1⤋