First Wife Not Consenting To Husband's Second Marriage Not A Relevant Factor In Protection Plea Of Muslim Couple: P&H High Court
4 years, 3 months ago

First Wife Not Consenting To Husband's Second Marriage Not A Relevant Factor In Protection Plea Of Muslim Couple: P&H High Court

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"The alleged illegality of the marriage of the petitioners having been solemnized without the consent of the first wife is not to be gone into in the present proceedings which are only regarding providing of protection to the petitioners", remarked the Punjab & Haryana High Court on Wednesday. Interestingly, in their plea for granting protection, the first wife of Man also appeared through her Counsel and it was contended by her that as per Muslim law the consent of the first wife is necessary for performing a second marriage. Regarding the alleged illegality of the marriage of the petitioners having been solemnized without the consent of the first wife, the Court said that it was not a relevant factor to be considered in the instant proceeding, which was only regarding providing of protection to the petitioners. In this backdrop, the Court said, "The issue in hand is not the validity of the marriage but the fact is that the petitioners are seeking protection of life and liberty as envisaged under Article 21 of the Constitution of India.

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