A Muslim cannot be prosecuted for Bigamy (S.494 IPC) in the absence of UCC; Gujarat HC suggests to shun Polygamy which is a misinterpretation of Quran [Read Judgment]

Polygamy is not encouraged in Islam and is an exception and not a Rule. It is for the maulvis and Muslim men to ensure that they do not abuse the Quranic injunctions to justify the heinously patriarchal act of polygamy in self-interest, the court observed.Gujarat High Court held that a Muslim cannot be prosecuted be prosecuted for Bigamy in the absence of a Uniform Civil. It also opined that time has come to shun the practise of bigamy and to introduce a Uniform civil code and said “ Polygamy and the unilateral talaq without the wife's consent offends Article 14 and Article 15 - If the State tolerates this law, it becomes an accomplice in the discrimination of the female, which is illegal under its own laws.” The Court also said that the legislature has not taken care till this date to prevent the misuse of the polygamy concept among Muslims. “Education, changing patterns of the family structure, the structure of a family in the context of reality of the world, and economic necessities are on their own precipitating a situation where monogamy is becoming the reality though the religion permits a Muslim, with such sanction of conscience to venture into polygamy.” Muslim cannot be prosecuted for Bigamy The Court also observed that in the absence of Uniform Civil Code, A Muslim cannot be prosecuted for Bigamy. In 41 the Court held as follows; “In view of the above and in the absence of any uniform Civil Code, I find merit in the submissions of the learned amicus that the expression “marries in any case in which, such marriage is void by reason of its taking place during the life of such husband or wife” merely means that the person who marries a second time during the life of his or her first spouse would be punished under Section 494 of the IPC, only if such second marriage is not recognized by the Personal Law, by which he or she is governed.