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Muslim 4 marriage: Allahabad High Court has made an important comment on Muslim men marrying more than once. The court said that Muslim men should marry for the second time only when they can treat all their wives equally. Polygamy is allowed in the Quran for special reasons. But, men misuse it for their selfishness.
The High Court has made this comment while hearing a case related to Moradabad. The court has said that a Muslim man has no right to marry for the second time. Unless he has the ability to treat all his wives equally. In Islam, the Quran has allowed polygamy for special reasons. In the Islamic era, polygamy has been conditionally allowed under the Quran for the protection of widows and orphans. But, men misuse it for their selfishness.
Know- what is the whole matter?
The court said this while advocating Uniform Civil Code during the hearing on the petition filed by petitioner Furqan and two others. Petitioners Furkan, Khushnuma and Akhtar Ali had filed a petition in the Moradabad CJM court seeking cognizance of the charge sheet filed on 8 November 2020 and cancellation of the summons order. An FIR was lodged against the three petitioners in Mainather police station in Moradabad in 2020 under sections 376, 495, 120 B, 504 and 506 of the IPC.
In this case, Moradabad police has filed a charge sheet in the trial court. The court has taken cognizance of the charge sheet and issued summons to all three. It has been alleged in the FIR that petitioner Furkan has married a second time without informing. While he is already married, he raped her during this marriage. Petitioner Furkan’s lawyer argued in the court that the woman who filed the FIR has herself admitted that she married him after having a relationship with him.
The petitioner gave this argument
The court said that no crime is made out against him under section 494 of the IPC. Because under Muslim law and Shariat Act 1937, a Muslim man is allowed to marry up to four times. It was also argued in the court that all issues related to marriage and divorce should be decided according to the Shariat Act 1937. Which allows marriage even during the lifetime of the spouse of the husband.
The lawyer of the petitioner Furqan cited the 2015 decision of the Gujarat High Court in the case of Jafar Abbas Rasool Mohammad Merchant vs State of Gujarat. Apart from this, the decisions of some other courts were also cited. Said that the second marriage should be invalid to attract the offense under section 494. But, if the first marriage in Muslim law has been done under Muslim law, then the second marriage is not normal.
‘Second marriage of a Muslim person is not always valid’
The state government opposed this argument in the court and said that the second marriage of a Muslim person will not always be a valid marriage. Because if the first marriage is not done according to Muslim law but the first marriage is done according to the Hindu Marriage Act 1955 and after adopting Islam, he marries again according to Muslim law, then in such a situation the second marriage will be invalid and the crime under section 494 of the IPC will apply.
The High Court said in its 18-page judgment that it is clear from the statement of the opposite party number 2 that the petitioner Furqan has married her for the second time. Both are Muslim women, so the second marriage is valid. The court said that in the present case against the petitioners, the crime of 495 and 120B along with section 376 of the IPC is not made out. The court has issued notice to the opposite party number 2 in this matter. The next hearing of the case will be held in the week starting from 26 May 2025.
This matter was heard in a single bench of Justice Arun Kumar Singh Deshwal. The court has banned any kind of oppressive action against the petitioners till further orders.
