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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:(( Mulla, D. F., Sir. (n.d.). Principles of Mahomedan Law (20th ed.) p.332.))
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.
DK Jamal Uddin
August 4, 2023
Excellent, I have cleared my doubt. I really proud of this website 🖐️
anon
August 11, 2023
can i marry my uncles widow? my uncle is my mother’s brother. my aunt, not blood related was married to him. this was his second wife (my aunt), who was the sister of his first wife. he has no children with her?
Akintola Mojeed
August 26, 2023
F A SINGLE FATHER MARRY A SINGLE MOTHER CAN THE CHILDREN MARRY?*
Alka Manral
September 3, 2024
In India, if a single father marries a single mother, their respective children from previous relationships would typically become step-siblings.
Under Indian law, marriage between step-siblings is generally prohibited. The Hindu Marriage Act, 1955 and other personal laws like Muslim, Christian, and Parsi laws may not explicitly mention step-sibling marriages, but such unions are typically discouraged due to social norms and the legal presumption that they belong to the same family unit.
However, if the step-siblings were to seek to marry, they would need to apply for special permission under the Special Marriage Act, which allows for certain exemptions from the prohibited degrees of relationship.
Sikha
December 7, 2024
In India, if a single father marries a single mother, their respective children from previous relationships would typically become step-siblings.
Under Indian law, marriage between step-siblings is generally prohibited. The Hindu Marriage Act, 1955 and other personal laws like Muslim, Christian, and Parsi laws may not explicitly mention step-sibling marriages, but such unions are typically discouraged due to social norms and the legal presumption that they belong to the same family unit.
However, if the step-siblings were to seek to marry, they would need to apply for special permission under the Special Marriage Act, which allows for certain exemptions from the prohibited degrees of relationship.
Majeed khan
September 12, 2023
Principles of Mahomedan law This shows lack of knowledge because Islam is based on Quran and Sunnah. There is no such thing as Mahomdan law..
Arfan khan
September 18, 2023
Assalamualykum.. I marry a woman that I did zina with.. and even her photo naked was shown in social media.. but he4 married both parties did tawbah now my question is.. is our married valid after people saw her naked in social media?
Alka Manral
September 2, 2024
Your marriage is certainly valid since the grounds for batil/ void marriage or even divorce in Muslim law do not include leaked nudes on social media.Since you and your wife have married each other with free consent, the nikah is valid. The more concerning aspect of your case is regarding your wife’s leaked nude photos on social media. You can file a FIR under S 354C IPC/ S 77 Bharatiya Nagarik Sanhita for voyeurism against relevant persons. You can also file a FIR under S 66E and S 67 of the Information Technology Act against whoever has leaked your wife’s nude photos and violated her privacy.
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.
Sonia
January 18, 2024
Because it is basically brought by tradition; even though prohibited in the Quran and by scientific proof people rather to remain ignorant of the topic and look the other way. It is embedded by generations some might be acquired by the Hinduism as you have to remember before becoming Muslim state they were separated from India
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.
Anas
October 13, 2024
Can I marry czn daughter
Sikha
December 7, 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.
Abbas Yunus
July 14, 2024
pleasse i want to ask a question that can I marry a lady who’s her mother and my grandmother came from the same family
Gudthier
October 20, 2024
For the blood relations, that is not what it says in the Quran. Check surah 4 ayah 23, It will shed some lights.