Polygamy: Plea in Delhi High Court wants Muslim men to obtain prior permission from existing wife before contracting another marriage

The Delhi High Court on Monday sought the response of the Central government on a petition seeking a declaration that a Muslim man has to obtain written permission from his wife/wives before contracting another marriage [Reshma v Union of India and Ors].

A Division Bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla directed the respondents to file their affidavits within six weeks and listed the case for further hearing on August 23.

The plea filed through advocate Bajrang Vats sought a direction to the Central government to frame laws to regulate bigamy or polygamy contracted by a Muslim man under the Shariat Law and a declaration that a husband is obliged to maintain all his wives equally.

The petition was filed as a public interest litigation (PIL) by one Reshma arguing that she got married to Mohammed Shoeb Khan in 2019 and has a 11-month-old child. She was allegedly deserted by her husband after pronouncing Triple Talaq and now fears that her husband is planning to marry another woman.

It was argued that even in countries governed by Shariah (Islamic) law, the second marriage is permitted only under special circumstances, such as illness of the first wife or her inability to bear children.

“In these cases, with the first wife's consent, a man may marry again and this is referred to as Polygamy, a subset of polygamous marriages,” it said.

The petition added that the the Holy Quran permits a Muslim man to marry more than one woman at a time (up to a maximum of four), but does not encourage such behaviour.

“Polygamy is only permitted in certain circumstances, such as when the death of another man has left his wife with no other means of support. All wives are entitled to separate living quarters… It is submitted that Jurists are unanimous in their view that in Islamic societies. Polygamous marriage are permitted, but only in certain circumstances that is primarily in situations where a man's death has left his widows with no means or support,” the petition stated.

The petition, therefore, sought a declaration that bigamy or polygamy contracted by a Muslim husband without obtaining prior written consent of his wife (wives) and without making prior proper arrangements of accommodation, maintenance of his wife(wives) is unconstitutional, anti-shariat, illegal, arbitrary, harsh, inhuman, barbaric, discriminatory.

It also sought declaration that bigamy or polygamy contracted by a Muslim husband is permitted under Shariat laws only in exceptional circumstances subject to fulfillment of limitations imposed upon Muslim husband under these laws.