The Madhya Pradesh High Court has ruled that a Muslim man marrying again and bringing a second wife is not ‘bigamy’, because multiple marriages are allowed in Islamic Law.
A bench of Justice BP Sharma has observed that if a Muslim does Nikaah for the second time, whie his first marriage is still ongoing, the second marriage cannot be void under Section 494 of the IPC.
The HC noted that under usual circumstances, the second marriage will be void, by reason of the subsistence of the first marriage under Section 494 IPC, but this won’t be applicable to a Muslim man, because Muslim Personal Laws allow a man to have four wives.
The court was hearing a petition by a Muslim husband who was contesting the charges brought against him. The court partially allowed the petition, citing that his second marriage cannot be void, solely on the basis that the first marriage is still ongoing, while allowing the other charges under Section 498 (dowry harassment), 342, 323, and 506 Part-II under the Indian Penal Code.
The man’s lawyer argued that Section 494 will be applicable only when a Muslim man marries for the fifth time while his other four marital relations are ongoing.
