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Did she get married without getting divorced from me?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
I am Sunni, Muslim, Pathan, male, 37 yrs Old. I got married with a sunni muslim pathan girl in the year 1998, as per the muslim customs and traditions. Just after 10 days of marriage, my wife insisting me for a separate living accommodation. But i denied and explained all my posibilites not able to be separation from my existing family. She pressurising me to give her divorce, asking for money for damage etc. When i refused her she got angry with me and left her matrimonial home. After few days i alongwith all my family members booked against a f.i.r under criminal offence of dowry prohibition and dowery demand. The trial of the application is still pending in the district(english) court of matropolitian magistrate. She had also moved an application for her maintenance in the similar court, and one suit for damage for rupees four lackhs in a district court. Since 1998 she is living with her parental home. I came to know that she got married with another man without getting divorce from me, at another city in barriely. In this contest i humbly request you to kindly arrange to issue a fatwa in this regard that her second marriage is null and void as per shariat law and it is also a criminal offence under muslim marriage act 1939 under section 494 that is bia-gami law. Kindly also issue fatwa allowing me to get second married.

(Fatwa: 666/618=D/1429)

If it is true that you have pronounced no divorce to you wife, then she will remain your wife as before; therefore her marriage with anyone else is unlawful as per the Shariah.

Islam has allowed a man to marry four women provided the husband is capable of discharging rights to all of his wives with equality and justice.

Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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