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Writer's picturethelila500
Feb 27, 20233 min read

Can Muslim Women can do Court Marriage without Divorce her 1st Husband

To dedicate a nikah, no formal rites or ceremonies are required. Notwithstanding the fact that the following requirements are necessary:

  • Ejab-o-Kubool: a marriage proposal that is accepted by both parties.

  • Free and unbiased agreement

  • To be present are two witnesses (witness cannot be a minor)

  • The bride and groom must be of sound mind and have reached puberty (including guardians- if the bride and groom are minor).

A legal contract (verbal or written) outlining the duties of the bride and groom is necessary for a Muslim marriage to be recognized by the religion. The citizens of India as a whole are covered by this law. Jammu and Kashmir is not included under these regulations, nevertheless.


Divorce:

Once a divorce is finalized, cohabitation is prohibited and property cannot be inherited. Just the Mehr must be paid, if any. The woman is entitled to support and maintenance from the ex-husband during the iddah if necessary. During this waiting period, the husband or wife may make an effort at reconciliation. The money that women make while they are married stays with them. In a divorce, the wife's assets and property are not distributed.


Remarriage:

Both widows and divorcees can remarry. Before being married again, a divorced or widowed lady must observe the iddah (3-month fast). If a lady has children from a prior marriage, she must wait until they are born before being married again. If the wife observes iddah, marries another man, consummates the union, and the new husband willingly dissolves the union, the divorced couple may remarry.


She is allowed to remarry her first husband after another time of iddah. The name of this procedure is Nikah halala. Only after four lunar months and ten days have passed since the death of the first husband can a widower get married.

A woman cannot get married again since it is against both Islamic law and the law of the state. So, if she marries again, she will be subject to a 7-year prison sentence for bigamy under Section 494 of the IPC.


In Islam, monogamy is the norm while polygamy is uncommon. Only extraordinary circumstances permit polygamy. While polygamy is not generally practiced among Muslims in India. Among Muslims, bigamy is not considered a crime.


In India, a Muslim man may have up to four wives at once, but a Muslim woman may have just one husband. In India, despite the Muslim Marriage Act, polygamy is still practiced.


According to the Quran, a man is permitted to wed four times as long as he treats each wife fairly and with the same amount of love, respect, and care. Equal treatment is also expected in terms of money, feelings, and romantic relationships.


If the spouse is unable to meet these requirements, he should only get married once. In this context, "justly" means that each wife should have equal access to her husband, not in the husband's preferred sequence, but rather on a rotating basis.


The first wife has specific rights in the event that the husband marries again. Just as his wife has obligations to him, the husband also has responsibilities to his wife.


In accordance with his means, the husband must spend money on the first wife in order to give her a decent place to live, food to eat, and other essentials. The husband shouldn't push for a second marriage if he cannot provide financial and equal time support. The husband should not treat any one wife differently or with any preference.

With or without the first wife's consent, polygamy is practiced in various nations.


It is challenging for women to refuse their husbands' desire to remarry when they are financially dependent on them. This is one reason why ladies could decide against filing for divorce even if their husbands break the terms of their union.


Sororal polygamy is nevertheless illegal; if a man weds two sisters from the same family, a woman and a descendant, or a woman and a relative, the marriage is deemed invalid. If the second marriage is performed in violation of the marriage agreement (with the first wife), which forbids marriage to another person, the second marriage is likewise regarded as invalid.


Court Marriage Lawyers in Jaipur can be consulted if the cause of action has occurred in Jaipur. Moreover, if the cause of action has occurred in Lucknow then Court Marriage Lawyers in Lucknow can also be appointed. Court Marriage Lawyers in Delhi can also be appointed.


At Lead India, we offer a range of professional and legal services. You can ask a legal question here. Talk to a lawyer for the best advice in this scenario. Our legal staff will assist you in making wise choices. We also provide free legal advice online.


Call Us: +91–8800788535

Email: care@leadindia.law


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