Tag : Husband

    Muslim Wife Files Pil Against 'Illegal' Polygamy

    Muslim Wife
    Sunil Aswal
    May3/ 2022

    New Delhi: The Delhi high court on Monday sought the Centre's stand on a PIL to declare that bigamy or polygamy by a Muslim husband in the absence of prior written consent of the existing wife or wives and arrangements for her accommodation and maintenance is unconstitutional and illegal. A bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla directed the respondents to file their response and issued notice on the petition that sought a direction to the authorities to regulate bigamy and polygamy by Muslim husbands by providing for prior permission of existing wife, a certificate from a judicial officer to certify that he has the capacity to provide equal treatment to all wives, declaration of marital history before nikah, etc. The petitioner also sought the framing of laws for compulsory registration of Muslim marriages. The petitioner Reshma, whose husband is stated to be ”planning to divorce” her and solemnise another marriage without her consent or making arrangements for her and their child's maintenance, claimed that bigamy or polygamy by a Muslim husband is permitted under Shariat laws only in exceptional circumstances and ought to be regulated to curb the plight of Muslim women. She contended that bigamy or polygamy without the consent of the existing wife and securing her well-being is ”unconstitutional, anti-Shariat, illegal, arbitrary, harsh, inhuman, and barbaric” and contrary to Articles 14, 15, 21, and 25 of the Constitution. ”Even in countries governed by Shariah (Islamic) law, the second marriage is permitted under special circumstances, such as an illness of the first wife or her inability to bear children. In these cases, with the first wife's consent, a man may marry again and this is referred to a ...

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