Polygamy: Plea In Delhi High Court Seeks Muslim Men To Obtain Prior Consent From Existing Wife Before Subsequent Marriage, Notice Issued

In essence, the plea seeks to restrict the practice of Polygamy in Muslim men, stating that the same is a regressive practice, derogatory to women; permitted under Shariat law only in "exceptional circumstances", such as an illness of the first wife or her inability to bear children.

"Bigamy or Polygamy is neither mandatory nor encouraged but merely permitted. The Quran's conditional endorsement of polygamy stresses that self-interest or sexual desire should not be the reason for entering into a polygamous marriage," the plea states.

A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla has issued notices to the Respondents Ministry of Women and Child Development, Law Ministry and the Ministry of Minority Affairs.

At the outset, the Bench was informed that the Supreme Court is already seized of the matter, which has been referred to the Constitution Bench.

However, it issued notices directing the Respondents to file their replies, indicating the aforesaid submission, by August 23, the next date of hearing.

That Petitioner solemnized marriage with Md. Shoeb Khan, in January 2019 at Delhi under Muslim Personal Laws. She states that despite an assurance that he would never desert her or contract another marriage during her lifetime, Khan wilfully neglected her and their 11 months old son and is now planning to divorce her for another marriage.

In this backdrop, the plea states that bigamy or polygamy contracted by a Muslim husband without obtaining "prior written consent" of his wife (wives) is unconstitutional, anti-shariat, illegal, arbitrary, harsh, inhuman, barbaric and this practice needs to be regulated by law to curb the plight of Muslim women.

The petitioner seeks a further declaration that bigamy or polygamy contracted by a Muslim husband without making prior proper arrangements of accommodation, maintenance of his wife (wives) is unconstitutional.

It is submitted that presently, nobody considers the plight of a Muslim woman who is left traumatic, penniless without fault of her, solely due to polygamy contracted by her husband.

Thus, a further direction is sought upon the Central government and its agencies to frame law for compulsory registration of Muslim marriage and to regulate this practice of Bigamy/ Polygamy.

It is argued that a husband is legally bound to properly discharge all matrimonial duties and responsibilities of legal and moral nature, to secure the future of his wife and children in a peaceful matrimonial environment with enriched atmosphere of love, affection and sense of responsibilities.

It is highlighted that even countries like Pakistan and Bangladesh have enacted Muslim Family Law Ordinance,1961 to regulate bigamy or polygamy contracted by Muslim husbands.

It adds that many scholars have reviewed Verse 4:129 as an implicit prohibition of polygamy.

The petition is filed by Advocate Bajrang Vats.

Case Title: Reshma v. Union of India