On Tuesday, 22nd October, the Bombay High Court determined that a Muslim man may register multiple weddings under the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act of 1998.
A division bench of Justices BP Colabawalla and Somasekhar Sundareshan had been hearing an application submitted by a couple after the Thane Municipal Corporation declined to register their marriage. The corporation contended that the marriage may only be registered once under the Act and that the couple did not furnish the documents necessary for registration.
The couple claimed that this was the Muslim man’s third marriage, this time with an Algerian woman, and that the corporation had already recognized his second marriage to a Moroccan citizen. They also claimed that they had provided all necessary documentation and were willing to submit any further documents asked by the corporation.
“In the entire Scheme of the Act, we do not find anything that would preclude a Muslim Male from registering a third marriage. In fact, Section 7(1)(a) specifically contemplates that the Registrar has to ensure that the marriage between the parties is performed in accordance with the personal law of the parties. It is not even disputed by the authorities that under the personal laws for Muslims, they are entitled to have four wives at a time,” the order reads.
The high court further stated that personal laws must be considered while registering a marriage. “If we were to accept this submission, it would effectively mean that this Act overrides and/or has displaced the personal laws of Muslims. There is absolutely nothing in this Act to indicate that the personal laws of Muslims have been excluded,” the order stated.
The court then asked Thane Municipal Corporation to hold a personal hearing for the couple and issue a reasoned ruling within 10 days. Furthermore, the court safeguarded the wife from deportation while the registration process was underway and for two weeks afterward.
