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.

What are prohibited relationships under the law?

Last updated on Aug 22, 2022

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.

 

How useful was this post?

Click on a star to rate it!

Average rating 3.8 / 5. Vote count: 64

No votes so far! Be the first to rate this post.

Please share your feedback about this post!

Sharing feedback will help us improve our content. Tell us how!

If you want to keep your feedback confidential, please mention it in your feedback. If you have a question, please ask us in the comments or Ask Nyaaya sections.

Comments

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?*

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?

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.

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Related Resources

What are the schools of Muslim law?

There are various schools of Muslim law. The law on Muslim marriages comes from the interpretation of the Quran by scholars.

What are the eligibility criteria for Muslim marriages?

For a marriage to be legally recognized as a Muslim marriage, certain conditions must be met with respect to age and mental state.

Ending a Muslim Marriage

There are two ways by which a marriage can end, either death of a spouse or divorce. Divorce for Muslims can happen without involving the Court as well.

Who are the witnesses required during a Muslim marriage?

A marriage under the Sunni School of Muslim law must take place in the presence of two male witnesses or one male and two female witnesses. 

Marriage of Children

A child marriage is a marriage between the parties where either both people marrying are minors, or one of them is a child/minor. 

Is Muslim marriage a contract?

Marriage is a contract under Muslim law. The contract can be entered into by fulfilling certain conditions.