A man and a woman, both Muslims, get married under the classical Muslim law and then get their marriage registered under the Special Marriage Act, 1954. A year later, the husband pronounces Talaq on his wife and gets married a second time:
A. The second marriage is valid as it was contracted after talaq
B. The second marriage is valid as the first wife does not file a petition for declaration that the second marriage is void
C. The second marriage is void as the right of talaq is not available to the husband
D. The second marriage is void as it was contracted without the consent of the first wife
Answer: Option C
Solution(By Examveda Team)
Under classical Muslim law, a husband has the right to pronounce talaq (divorce) and dissolve the marriage. However, when a marriage is registered under the Special Marriage Act, 1954, the provisions of that act come into effect. The Special Marriage Act provides for a secular marriage and does not recognize the unilateral right of talaq.In this scenario, when the husband pronounces talaq on his wife and subsequently gets married a second time, the second marriage would be considered void. This is because the right of talaq is not available to the husband under the Special Marriage Act, and the act does not recognize the validity of such unilateral divorce.
Therefore, the correct answer is:
C. The second marriage is void as the right of talaq is not available to the husband
Please note that legal interpretations may vary, and it is recommended to consult a legal professional for precise advice in specific cases.
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Comments ( 1 )
Main limitations to the capacity of a Muslim to marry are
A. Three
B. Five
C. Seven
D. Eight
E. Four
Which of the following enactments provides for grounds of divorce available to wife only?
A. Dissolution of Muslim Marriages Act, 1939
B. Hindu Marriage Act, 1955
C. Special Marriage Act, 1954
D. None of the above
A. Father's mother
B. Mother's mother
C. Sisters
D. Maternal aunt
The rule of unlawful conjunction under Muslim law relates to-
A. Same sex marriage
B. Marriage of a man with his foster sister
C. Marriage of a man with his wife's sister
D. Second marriage of a married man
Right to divorce is available to husband under special marriage act 1954