Bigamy Under Muslim Law

Can a muslim woman file a bigamy case agaist her husband? She has enough proof that her husband has married another lady without 1st wife's permission. Can she apply for maintenance for her and her minor child?
Posted 1 year ago  | 
Divorce & Alimony,Muslim Law
Divorce & Alimony Muslim Law

2 Answer(s)

Tushar Bhargava
Advocate

A muslim man is permitted to have 4 wives at a time, permission or consent of existing spouse is not required. Hence bigamy does not come into question until the 5th wife. As regards maintenance if a husband has married twice - the first wife can seek to live seperately and ask for maintenance. The Child is always entitled to maintenance.

Tanushree Sharma
Advocate
Under Muslim law consent of wife is not necessary for husband to get married.Husband can marry up to 4 wives at once.However,you are entitled to get maintenance and your child too.