Is it legal to perform second marriage?
I am a married Muslim man and want to marry a divorced Muslim woman. I also need a certificate for the second marriage. Is this possible? We are both from Mumbai but live in different PIN codes.
Dear client, Even though the application of the Muslim Personal Law (Shariat) Application Act, 1937 makes a Muslim male legally entitled to marry a second time in India, registration of a second marriage might still not be received by the Marriage Registrar, provided that the first marriage has been subsisting. There are numerous authorities that do not allow registration because of administrative limitations. Thus, although the Nikah can be religiously acceptable, it can be legally challenging to obtain an official second marriage certificate. One might want to seek the advice of a local family lawyer before taking any action. If you have any query please feel free to contact us.
Although a Muslim man in India can legally contract a second marriage under the Muslim Personal Law (Shariat) Application Act, 1937, registration of a second marriage may not be permitted by the Marriage Registrar if the first marriage is still subsisting. Many authorities refuse registration due to administrative restrictions. Therefore, while the Nikah may be religiously valid, obtaining an official second marriage certificate can be legally difficult. It is advisable to consult a local family lawyer before proceeding. For further legal assistance contact us on our helpline number.
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