The Bombay High Court recently ruled that a Muslim man can register more than one marriage under the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998. [Mezouar Zouaouia and Anr v. Thane Municipal Corporation and Ors]
A bench consisting of Justice BP Colabawalla and Justice Somasekhar Sundareshan stated that the Act does not bar Muslim men from registering more than one marriage since the same is permitted under Muslim personal law.
"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 Court said.
The case involved an Indian man and his Algerian wife (petitioners) who sought to register their marriage after their application was rejected by the Thane Municipal Corporation. This was the man's third marriage.
The authorities claimed that the couple failed to provide necessary documentation and argued that the law permits only registration of a single marriage for Muslim men.
During the hearing, the couple's advocate challenged the Corporation's inconsistent actions, particularly noting that they had previously registered the man's second marriage to another lady, a Moroccan citizen.
In response, the Corporation's lawyer maintained that the couple had not submitted essential documents, including identity and birth proof. However, the petitioners' advocate contended that all required documents had been provided. To resolve the issue, they offered to submit any additional documents the Corporation might need, requesting a fair hearing regarding the marriage registration.
The Court firmly rejected the notion that only one marriage could be registered. Such a view would undermine Islamic personal laws, the Court underlined.
"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. As mentioned earlier, the personal laws of the parties is a very important factor that has to be taken into consideration whilst deciding whether a particular marriage ought to be registered or otherwise," the Bench said.
The Court also flagged the inconsistency in the authorities’ actions, noting their prior approval of the petitioner's second marriage.
"ironically, we find that these very authorities, under the provisions of The Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998, have registered the marriage of Petitioner No.2 (the husband) with his second wife (a Moroccan citizen at the time of her marriage)," the order said.
Following this, the Court ordered the authority under the Act to accept the necessary documents and conduct a personal hearing for the couple. Within ten days of the hearing's conclusion, a reasoned order must be passed, either granting or denying the marriage registration. If denied, the matter will be referred to the Registrar General under the Act for further review and hearing.
To protect the wife's rights, the Court also prohibited any deportation action against her while the marriage registration process is underway and for two weeks thereafter.
Senior Advocate Arshad Shaikh along with advocates Devansh Malhotra, Hafeezur Rahman appeared for the couple.
Advocate Anand S Kulkarni appeared for the Thane Municipal Corporation.
[Read Order]