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A man cannot marry a woman whose husband is alive and who has not been divorced. If a ground for divorce is available to the woman under the Dissolution of Muslim Marriages Act, 1939, she has to prove that ground and obtain a court's decree before marrying another person.
Certain relationships are prohibited under the law. This means that a person cannot marry certain kinds of relatives:1
Blood Relations
You cannot marry your mother, grandmother, daughter, granddaughter, sister, niece, great-niece, aunts, or great-aunts. You also cannot marry someone who is also related to you through such relatives. For example, you cannot marry your great granddaughter.
Relatives through Marriage
You cannot marry your wife’s mother/grandmother, wife’s daughter/granddaughter, son’s wife in the case of a second, third or fourth marriage.
Relatives through Fosterage
All relations prohibited through blood relations and marriages apply to foster relationships as well. Example, a man cannot marry his foster mother’s daughter.
- Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.332.[↩]
DK Jamal Uddin
August 4, 2023
Excellent, I have cleared my doubt. I really proud of this website 🖐️
Maryam
October 22, 2023
Blood Relations :
You cannot marry your mother, grandmother, daughter, granddaughter, sister, niece, great-niece, aunts, or great-aunts. You also cannot marry someone who is also related to you through such relatives. /So why is not unlawful and should people still marrying with sons and daughters (first cousins) of their aunts and uncles…are not all of them related by blood??
first cousins marry for generations and generations… altought has already been proven by genetic science to be harmful in terms of physical and mental health for their future children…🤔
Jeeyaul Islam
December 16, 2023
I do second your opinion with an addition that father’s sister also must be prohibited for nikah though it was(is) not done.
Malik
February 19, 2024
Married 12 years wife cheating caught before promise not again this things but again done same things what to do have 4 children daughter age 16 nearby for marriage, waiting advice sincerely.
Alka Manral
April 30, 2024
There is no law in India that makes cheating on one’s spouse a crime and hence you cannot file a police (criminal) complaint against your wife. However, you can file a petition for divorce. The specifics of these will depend on the personal law under which you got married.
In case of a Hindu marriage there are two options available to you. You can talk to your wife and if she agrees to divorce, you can seek a divorce based on mutual consent as per Section 13B of the Hindu Marriage Act. For this, both of you will have to file a petition for dissolution of marriage before the district court. If your wife does not agree to divorce, you can still get a divorce under Section 13(1) claiming that your wife cheated on you and hence you seek to dissolve the marriage.
In case of a Muslim marriage, the rules under the Muslim personal law will be applicable. If it is a Christian Marriage, you can seek a divorce under Section 10 of the Divorce Act. Lastly, if both of you practice different religions and have gotten married under the Special Marriage Act, then you can seek divorce under Section 27 (1)(a) claiming that your wife has cheated on you.
While the above points refer to legal remedies in case you wish to proceed with divorce, you can also seek other ways like couples counselling in case you wish to not opt for divorce. However, we are not qualified to advice you on the latter.
The custody of the children will depend on your own personal law, depending on whether you are a Hindu, Muslim or Christian. But you have a strong case for getting the custody of the children as the mother cheated on you.
Also, if you are worried about the money for your daughter’s wedding, you can claim maintenance from your wife after the divorce if she is a working woman.