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QMorally it is wrong to take upon a second marriage without the approval of first wife. Unfortunately legally he is allowed per your laws. I understand the frustration. One good thing is her family is with her. I hope she will come out of this stronger.QThe mother’s right to custody can be forfeited if she remarries. In such cases, the custody right can shifts to the father.QThere is no nikahnama from your comments and the marriage is under Islamic laws. Whatever said and promised is not valid, he can have a second wife.
Your sister should look for Khula.
Since you used chatgpt , I am also using it. I am not a lawyer allowed to practice in India.
Here’s a clear breakdown of the Khula process in India when a woman has a child involved.
In India, personal laws apply — for Muslims, the Muslim Personal Law (Shariat) Application Act, 1937 governs family matters like marriage, divorce, and inheritance. The Khula process is both a religious and legal separation, and having a child makes a difference mainly in custody and financial support.
Step-by-Step Khula Process:
Initiate Khula Request
First, the wife must approach the husband and express her wish to dissolve the marriage through Khula.She usually offers to return the Mahr (dower) or any agreed compensation.
If the husband agrees, it can be settled easily through mutual consent.
If the husband refuses, you must approach the family court.
File a Khula Petition in Family Court
If no agreement is reached, the wife files a Khula petition through a lawyer in the local family court.
The petition includes:Reason for seeking Khula.
Details of the marriage.
Details of the child (custody and maintenance request if applicable).
Statement about return of Mahr or any settlement offer.
Child Custody & Maintenance
When a child is involved:The mother can request custody as part of the Khula case.
Under Indian law, courts usually grant custody of young children (especially minors below 7) to the mother, unless the father proves she is unfit.
The father is legally obligated to provide financial support (child maintenance) even after Khula.
Husband’s Reply and Court Hearings
The court sends notice to the husband, who can respond or contest. The court will:Try reconciliation (usually one or two sessions).
If the wife is firm, the court records her statement and proceeds.
Khula Decree Granted
If the court is satisfied, it will pass a Decree of Khula, formally ending the marriage.Iddah Period
The woman must observe the Iddah period (three menstrual cycles) before remarrying. Child custody is not affected by Iddah.Child Custody Finalization
If both parties agree, custody is finalized peacefully.
If there’s a dispute, the court will decide in the child’s best interest (even after divorce). Maintenance amount will also be fixed by the court.Important Notes:
You do not lose custody of your child just because you’re seeking Khula.
Child maintenance is the father’s duty by law. Khula does not cancel this.
Legal advice from a family lawyer is highly recommended to draft a strong petition, especially where custody is involved.
