Muslim man entering into second marriage is cruelty to first wife: Madras High Court

The Madras High Court recently said that a Muslim man taking a second wife amounts to cruelty to his first wife and directed the man to pay ₹5 lakh as compensation to her.

Justice GR Swaminathan observed that the husband’s act of remarriage caused her significant emotional distress and pain to the first wife.

Although the husband, a Muslim, is permitted to enter into a second marriage, the Court held that he must still bear the consequences of this act by compensating his first wife.

“The revision petitioner being a Muslim is at liberty to do so. But then, he has to pay for his act. The act of second marriage would have caused considerable emotional distress and pain to the complainant. Without doubt, it amounts to cruelty. The Courts below were therefore justified in awarding compensation for a sum of Rs.5 Lakhs,” the court ordered.

The Court also directed him to make a monthly payment of ₹25,000 for the maintenance of their minor child.

The order was passed in revision petition filed by the husband (petitioner).

He had married his first wife, the respondent, in 2010.

In 2018, the wife filed a domestic violence case against the petitioner under Sections 12(1) and (2), 18(a) and (b), 19(a), (b) and (c), 20(1)(d), and 22 of the Protection of Women from Domestic Violence Act, 2005.

In 2021, a Magistrate ordered the husband to pay ₹5 lakh as compensation for domestic violence and to provide ₹25,000 per month as maintenance for their minor child.

The husband filed an appeal against the Magistrate’s order before the Additional District and Sessions Judge, Tirunelveli, but the appeal was dismissed, prompting him to challenge the decision in the Madras High Court.

In his defense, the husband argued that the first wife, a medical doctor, was not subjected to any domestic violence.

He contended that his marriage to her had already been dissolved prior to his second marriage, claiming he had received a divorce certificate from the Shariat Council of Tamil Nadu Thowheed Jamath in November 2017 after issuing a third Talaq notice to the wife.

However, the Court dismissed this argument, noting that the husband had not obtained any judicial declaration confirming the dissolution of his marriage with the respondent.

The Court concluded that the marriage between the first wife and the husband remained legally valid.

“The revision petitioner had failed to obtain any judicial declaration that his marriage with the respondent herein was legally dissolved. I conclude that the marriage between the complainant and the revision petitioner is still holding good ,” the Court stated.

The Court then examined whether a Muslim man entering into a second during the subsistence of the first marriage could constitute domestic violence under Section 12 of the Act, entitling the Muslim wife to claim compensation as in cases involving non-Muslim wives.

The Court held that while a Muslim wife cannot prevent her husband from remarrying, she retains the right to seek maintenance and can refuse to reside in the matrimonial household.

"It is true that a Muslim male is legally entitled to contract as many as four marriages. For this legal right or liberty, there is only a limited hohfeldian jural correlative on the part of the wife. The wife cannot stop the husband from entering into a second marriage. She, however, has the right to seek maintenance and refuse to be a part of the matrimonial household," the Court said.

Accordingly, it dismissed the revision petition and upheld the compensation awarded to the wife.

Advocate KC Maniyarasu represented the husband while Advocate D Srinivasa Ragavan appeared for the wife.

[Read Order]