Prayagraj : Allahabad High Court has said that a Muslim man cannot marry a second time if he cannot take care of his wife and children, emphasizing that ‘according to the mandate of the Holy Quran, a man does not do justice to the orphans. Until then, bigamy is not considered sacred.
A division bench of Justice Surya Prakash Kesarwani and Justice Rajendra Kumar said, “A Muslim man has to restrain himself from entering into second marriage if he is not able to maintain his wife and children.” “Moreover, a Muslim man, having a second wife against the will of the first, cannot seek a decree from a civil court to compel the first wife to live with him,” the bench said.
Rejecting the first appeal filed by an Azizur Rahman for restoration of marital rights, the court said: “The religious order of Surah 4 ayat 3 of the Qur’an is binding on all Muslim men. It is specifically mandated that a Muslim male make his choice can marry four women, but if he (Muslim man) fears that he will not be able to treat them fairly, then only one can marry.
The appellant had contracted the second marriage without informing his first wife and was seeking restoration of marital rights with his first wife by filing suit in a family court. When the court rejected his appeal, he moved the High Court.
The High Court further observed, “A Muslim husband has a legal right to take a second wife, even if the first is married, but if he does so, and then assists a civil court to compel the first wife to live with him.” Against her will, she is entitled to raise the question whether the Court, as a Court, should compel her to co-habit with such husband.”
“When the appellant has contracted a second marriage with his first wife concealing this fact, such conduct of the plaintiff-appellant amounts to cruelty to his first wife. In the circumstances, if the first wife does not wish to live with her husband, She cannot be compelled to go with him.If the husband’s plea to grant the decree of marital rights is accepted, then from the wife’s point of view, it is a violation of her fundamental rights guaranteed under Article 21 of the Constitution of India. There will be violation,” the court clarified.
The court was considering an appeal filed under Section 19 of the Family Courts Act, 1984 challenging the judgment passed by the Chief Justice, Family Court, Sant Kabir Nagar, seeking restoration of conjugal rights of the plaintiff (husband). The suit was dismissed. The High Court passed these observations on September 19.
A division bench of Justice Surya Prakash Kesarwani and Justice Rajendra Kumar said, “A Muslim man has to restrain himself from entering into second marriage if he is not able to maintain his wife and children.” “Moreover, a Muslim man, having a second wife against the will of the first, cannot seek a decree from a civil court to compel the first wife to live with him,” the bench said.
Rejecting the first appeal filed by an Azizur Rahman for restoration of marital rights, the court said: “The religious order of Surah 4 ayat 3 of the Qur’an is binding on all Muslim men. It is specifically mandated that a Muslim male make his choice can marry four women, but if he (Muslim man) fears that he will not be able to treat them fairly, then only one can marry.
The appellant had contracted the second marriage without informing his first wife and was seeking restoration of marital rights with his first wife by filing suit in a family court. When the court rejected his appeal, he moved the High Court.
The High Court further observed, “A Muslim husband has a legal right to take a second wife, even if the first is married, but if he does so, and then assists a civil court to compel the first wife to live with him.” Against her will, she is entitled to raise the question whether the Court, as a Court, should compel her to co-habit with such husband.”
“When the appellant has contracted a second marriage with his first wife concealing this fact, such conduct of the plaintiff-appellant amounts to cruelty to his first wife. In the circumstances, if the first wife does not wish to live with her husband, She cannot be compelled to go with him.If the husband’s plea to grant the decree of marital rights is accepted, then from the wife’s point of view, it is a violation of her fundamental rights guaranteed under Article 21 of the Constitution of India. There will be violation,” the court clarified.
The court was considering an appeal filed under Section 19 of the Family Courts Act, 1984 challenging the judgment passed by the Chief Justice, Family Court, Sant Kabir Nagar, seeking restoration of conjugal rights of the plaintiff (husband). The suit was dismissed. The High Court passed these observations on September 19.