'You can marry multiple times, but all wives must be treated equally': Madras HC cites Sharia law to dissolve marriage of Muslim man
1 year, 2 months ago

'You can marry multiple times, but all wives must be treated equally': Madras HC cites Sharia law to dissolve marriage of Muslim man

Op India  

On December 22, 2023, the Madra High Court upheld the annulment of a marriage, holding that while Islamic Law allows polygamy, equal treatment of all wives is essential and failing to do so amounts to cruelty. Under Islamic Law, the husband is entitled for Polygamous marriage, however, he has to treat all the wife equally,” the court observed. On that score, the husband’s sister “abused the wife by stating that she could solemnise another marriage of the defendant/husband since the plaintiff/wife has no child,” the wife alleged. While the husband denied these allegations, the court’s examination of the evidence proved his cruelty and neglect towards his first wife and failure to fulfil marital obligations to her. The High Court upheld the Tirunelveli Family Court’s verdict, concluding that the husband’s unequal treatment and failure to support his first wife justified the couple’s separation.

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History of this topic

The SC criticises ‘undue’ sympathy shown by lower courts in bigamy cases
7 months, 2 weeks ago

The SC criticises ‘undue’ sympathy shown by lower courts in bigamy cases

Hindustan Times  

On July 15, a division bench of the Supreme Court pronounced an interesting judgment, coming down heavily on a couple for committing bigamy and sentencing a woman and her second husband to six months in jail each. While enhancing the punishment imposed by the Madras High Court, the apex court went on to chastise the High Court’s sentence of ‘imprisonment …

Muslim law board in a huddle seeking rollback of SC's alimony order – Firstpost
8 months ago

Muslim law board in a huddle seeking rollback of SC's alimony order – Firstpost

Firstpost  

All India Muslim Personal Law Board spokesperson Syed Qasim Rasool Ilyas said the board has also decided to talk to the Central government and the Opposition on the matter The Supreme Court’s ruling on alimony to divorced Muslim women was “against the Islamic law ”, the All India Muslim Personal Law Board said. The AIMPLB Working Committee met on Sunday …

Muslim women’s alimony right meets the moment
8 months, 1 week ago

Muslim women’s alimony right meets the moment

New Indian Express  

In a landmark judgement, the Supreme Court has said that a Muslim woman has the right to seek maintenance from her husband under Section 125 of the Criminal Procedure Code like any other woman. The SC bench rejected the argument that the provisions of Section 125 do not apply in view of there being a personal law on the issue …

Divorced Muslim women can seek maintenance from husband, rules Supreme Court
8 months, 1 week ago

Divorced Muslim women can seek maintenance from husband, rules Supreme Court

Hindustan Times  

The Supreme Court on Wednesday ruled that a divorced Muslim woman is entitled to seek maintenance from her husband under Section 125 of the Criminal Procedure Code, adding that the Muslim Women Act, 1986, will not prevail over the secular law. A bench of Justices BV Nagarathna and Justice Augustine George Masih pronounced the judgments upholding a Muslim woman's right …

Allahabad High Court refuses to give Muslim married woman and Hindu live-in partner protection citing Sharia Law
1 year ago

Allahabad High Court refuses to give Muslim married woman and Hindu live-in partner protection citing Sharia Law

Op India  

On 23rd February 2024, the Allahabad High Court ruled that it cannot protect the live-in relationship of a legally wedded Muslim woman with another man, as this amounted to a crime according to Sharia. Justice Renu Agarwal gave this verdict on a plea filed by a married Muslim woman and her Hindu live-in partner fearing for her life against threats …

Although Islamic Law Allows Polygamous Marriage, Husband Must Treat All Wives Equally: Madras High Court Allows Dissolution of Marriage By First Wife
1 year, 2 months ago

Although Islamic Law Allows Polygamous Marriage, Husband Must Treat All Wives Equally: Madras High Court Allows Dissolution of Marriage By First Wife

Live Law  

The Madras High Court recently observed that although Islamic Law allowed a husband to have polygamous marriages, he was obligated to treat all the wives equally. The bench of Justice RMT Teekaa Raman and Justice PB Balaji thus confirmed a family court order allowing dissolution of marriage finding that the husband had treated the wife with cruelty by not treating …

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court
1 year, 5 months ago

Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court

Live Law  

The Supreme Court on Tuesday held that it can exercise its discretion under the inherent powers under Article 142 of the Constitution of India for dissolving a marriage on the ground of 'irretrievable breakdown of marriage', even when one of the spouses opposes the dissolution of marriage. The Court also clarified that since the institution of marriage is considered to …

Deprivation Of Conjugal Relationship ‘Extreme Cruelty’: Delhi High Court Allows Husband's Plea For Divorce
1 year, 5 months ago

Deprivation Of Conjugal Relationship ‘Extreme Cruelty’: Delhi High Court Allows Husband's Plea For Divorce

Live Law  

The Delhi High Court has observed that for a married couple to be deprived of the conjugal relationship and of each other’s company is an act of extreme cruelty.A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna upheld a family court order granting divorce to a husband under Section 13 of the Hindu Marriage Act, 1956, …

Kerala Muslim couple, who remarried under Special Marriage Act, faces threats, fatwa issued calling it 'drama' to 'mock Islamic personal law': Details
2 years ago

Kerala Muslim couple, who remarried under Special Marriage Act, faces threats, fatwa issued calling it 'drama' to 'mock Islamic personal law': Details

Op India  

Days after a 29-year-old Muslim couple got remarried under the Special Marriage Act to ensure that their property and assets would transfer to their three daughters, the Kerala police intensified surveillance around their house. This is after the couple identified as advocate-actor C Shukkur and Dr Sheena received threats for remarrying under the Special Marriage Act. “The marriage registration of …

Muslim Man Can't Marry Another Woman As Per Quran If He Isn't Capable Of Fostering First Wife, Children: Allahabad High Court
2 years, 5 months ago

Muslim Man Can't Marry Another Woman As Per Quran If He Isn't Capable Of Fostering First Wife, Children: Allahabad High Court

Live Law  

Stressing that as per the mandate of the Holy Quran, bigamy is not sanctified unless a man can do justice to orphans, the Allahabad High Court has observed that a Muslim man has to prevent himself to perform a second marriage if he is not capable of fostering his wife and children. If a Muslim man is not capable of …

Supreme Court To Hear Cases Challenging Validity Of Polygamy & Nikah Halala In Muslim Personal Law In October; Issues Notice To NHRC, NCW & NCM
2 years, 6 months ago

Supreme Court To Hear Cases Challenging Validity Of Polygamy & Nikah Halala In Muslim Personal Law In October; Issues Notice To NHRC, NCW & NCM

Live Law  

A Constitution Bench of the Supreme Court will start hearing a batch of petitions challenging the constitutional validity of the practice of polygamy and Nikah Halala allowed by Muslim personal law after the Dussehra holidays.Eight petitions challenging these practices were listed on Tuesday before a 5-judge bench comprising Justices Indira Banerjee, Hemant. A Constitution Bench of the Supreme Court will …

Wife Constraining Husband To Get Separated From Parents Is Cruelty, Says Chhattisgarh HC
2 years, 10 months ago

Wife Constraining Husband To Get Separated From Parents Is Cruelty, Says Chhattisgarh HC

ABP News  

New Delhi: The Chhattisgarh High Court recently noted that a wife persistently putting constraint on husband to get separated from his parents and threatening him to in a false dowry demand case would amount to mental cruelty, reported Bar and Bench. A two-judge bench committee composed of judges Goutam Bhaduri and NK Chandravanshi was hearing a petition filed by a …

Delhi HC seeks govt response on plea for ‘regulation’ of polygamy in Islam
2 years, 10 months ago

Delhi HC seeks govt response on plea for ‘regulation’ of polygamy in Islam

Hindustan Times  

The Delhi high court on Monday sought the Centre’s stand on a Muslim woman’s plea seeking regulation of the practice of bigamy or polygamy which is allowed under Muslim law. The woman sought directions to the Union government to frame a law to regulate the practice of bigamy or polygamy contracted by a Muslim husband under Shariat with provisions of …

Polygamy: Plea In Delhi High Court Seeks Muslim Men To Obtain Prior Consent From Existing Wife Before Subsequent Marriage, Notice Issued
2 years, 10 months ago

Polygamy: Plea In Delhi High Court Seeks Muslim Men To Obtain Prior Consent From Existing Wife Before Subsequent Marriage, Notice Issued

Live Law  

The Delhi High Court today issued notice on a public interest litigation filed by a 28 years old Muslim woman, seeking a declaration that Muslim men cannot perform second marriage, without prior consent of their first wife. In essence, the plea seeks to restrict the practice of Polygamy in Muslim men, stating that the same is a regressive practice, derogatory …

Transgender doctor from Jamia wants Muslims to quickly marry multiple times before polygamy becomes illegal
2 years, 10 months ago

Transgender doctor from Jamia wants Muslims to quickly marry multiple times before polygamy becomes illegal

Op India  

Self-proclaimed queer activist Dr Aqsa Shaikh who reportedly is a faculty member at Jamia Hamdard has made controversial remarks on Muslim polygamy while trying to peddle the claim that all Muslims in India are in danger. “Dear Muslims, get Married.” Dr Shaikh started her thread saying, “There is palpable islamophobia across India whether you are in a village or Delhi, …

Muslim women have right to invoke extra-judical divorce: Kerala HC
3 years, 11 months ago

Muslim women have right to invoke extra-judical divorce: Kerala HC

India TV News  

Overruling a nearly five-decade judgment, the Kerala High Court has restored the rights of Muslim women for divorce without resorting to judicial proceedings. Noting that the Holy Quran recognizes the right to divorce equally for both men and women, the bench observed that the dilemma of Muslim women, particularly in the State of Kerala, came to the fore when the …

Punjab and Haryana HC uphold Sharia law, declares Muslim woman's marriage with lover illegal
4 years, 1 month ago

Punjab and Haryana HC uphold Sharia law, declares Muslim woman's marriage with lover illegal

Op India  

While hearing a petition filed by a Muslim couple from Mewat district in Haryana seeking protection, the Punjab and Haryana High Court declared their marriage illegal citing the Muslim personal law. A Muslim man can have multiple wives without divorce, but a woman will need to divorce her husband first: HC The couple was reportedly facing threats from their family …

How Indian Courts Define A Married Woman's Rightful Place
4 years, 6 months ago

How Indian Courts Define A Married Woman's Rightful Place

Live Law  

Momita was visiting her grandmother at 7 pm on 13 January 2018 when Alamin Miah dropped by and asked her to step outside. Given the subjectivity and society's expectations of marriage, some recent court judgments defining cruelty as a ground for divorce seem to fit the following general rules that define a good wife: A Good Wife Does Not Separate …

What it's like to be in a polygamous marriage? Muslim Malaysians share their stories
5 years, 1 month ago

What it's like to be in a polygamous marriage? Muslim Malaysians share their stories

ABC  

Qobin has climbed the highest mountain on every continent on Earth. Zunie says the first wives she talked to in her previous research were "unhappy, miserable and depressed". "So how come that the first half of the verse — that you can marry two, three, four — becomes commonly known as a men's right in Islam? "That is why we …

After triple talaq, Supreme Court to examine polygamy
6 years, 11 months ago

After triple talaq, Supreme Court to examine polygamy

Deccan Chronicle  

New Delhi: Within months of the Supreme Court striking down triple talaq as unconstitutional, a Constitution Bench of the top court will look into the legal and constitutional validity of the prevalent practices of polygamy and nikah-halala among Muslims. A three-judge bench, headed by Chief Justice Dipak Misra, while issuing a notice to the Centre on four petitions filed by …

Supreme Court’s constitution bench to hear plea against polygamy, nikah halala
6 years, 11 months ago

Supreme Court’s constitution bench to hear plea against polygamy, nikah halala

Live Mint  

New Delhi: After striking down the practice of triple talaq, the Supreme Court on Monday referred a challenge to the practice of polygamy and nikah halala under the Muslim personal law to be heard by a Constitution bench. Nikah halala requires a female divorcee to marry someone else, consummate the marriage and then get a divorce to remarry her previous …

Hyd Man Says Triple Talaq to Wife On Call, 25 Days After Wedding
7 years, 4 months ago

Hyd Man Says Triple Talaq to Wife On Call, 25 Days After Wedding

The Quint  

Speaking to the Times of India, Atiya said, “He claimed he was already married and did not want to stay with me. I waited for four days, tried to convince him, but he does not want to talk.” Atiya had also claimed that she had given Mazhar Rs. My sister never said no and gave money.” Kulsumpura inspector R M …

A lesson to all men
7 years, 4 months ago

A lesson to all men

Deccan Chronicle  

Shahzad Saqib was a married man who wanted to marry again. In court, her lawyers argued that the Family Laws Ordinance requires that the man obtain permission from his first wife prior to marrying the second. As the verdict showed, the Family Laws Ordinance requires that any man seeking permission to marry a second time must submit a written application …

Locating Triple Divorce In Classical Islamic Jurisprudence
7 years, 10 months ago

Locating Triple Divorce In Classical Islamic Jurisprudence

Live Law  

The Supreme Court is hearing a petition on triple divorce wherein the practice is pitched to be unconstitutional and against fundamental human dignity.Media has played a significant role in making it ‘Muslim women versus Muslim community’ narrative.Politicians behave like messiah to score electoral brownies before declaring that the issue must not be politicized. In Islam, the hierarchy of sources of …

Locating Triple Divorce In Classical Islamic Jurisprudence
7 years, 10 months ago

Locating Triple Divorce In Classical Islamic Jurisprudence

Live Law  

The Supreme Court is hearing a petition on triple divorce wherein the practice is pitched to be unconstitutional and against fundamental human dignity.Media has played a significant role in making it ‘Muslim women versus Muslim community’ narrative.Politicians behave like messiah to score electoral brownies before declaring that the issue must not be politicized. In Islam, the hierarchy of sources of …

Triple talaq, polygamy not sanctioned by Islam, Centre tells SC
7 years, 11 months ago

Triple talaq, polygamy not sanctioned by Islam, Centre tells SC

Hindustan Times  

Triple talaq and polygamy practised by many Muslims are not sanctioned by Islam, the Centre told the Supreme Court on Monday. The Centre has urged the Supreme Court to declare triple talaq and polygamy among Muslims as unconstitutional as they affected the fundamental right of Muslim women to live in dignity and security. Rebutting the contentions put forth by Islamic …

SC gives Centre four weeks to respond on triple talaq issue
8 years, 6 months ago

SC gives Centre four weeks to respond on triple talaq issue

The Hindu  

The Supreme Court, on Monday, granted four weeks time to the Centre to file its reply to a batch of petitions on the triple talaq issue. On September 2, All India Muslim Personal Law Board told the Supreme Court that personal laws of a community cannot be “re-written” in the name of social reforms and opposed pleas on issues, including …

No Compassionate Appointment to children born out of bigamous marriage: Madras HC [Read Judgment]
8 years, 10 months ago

No Compassionate Appointment to children born out of bigamous marriage: Madras HC [Read Judgment]

Live Law  

Madras High Court has held that compassionate appointment cannot be granted to the legal heirs of the deceased through the second wife. Justice Pushpa Sathyanarayana, dismissing the challenge against denial of compassionate appointment on the ground that he is son of a deceased Government employee through his second wife, held that there is no bar for the Government to make …

No Compassionate Appointment to children born out of bigamous marriage: Madras HC [Read Judgment]
8 years, 10 months ago

No Compassionate Appointment to children born out of bigamous marriage: Madras HC [Read Judgment]

Live Law  

Madras High Court has held that compassionate appointment cannot be granted to the legal heirs of the deceased through the second wife. Justice Pushpa Sathyanarayana, dismissing the challenge against denial of compassionate appointment on the ground that he is son of a deceased Government employee through his second wife, held that there is no bar for the Government to make …

Why can't a Muslim woman have four husbands, asks Kerala HC judge
9 years ago

Why can't a Muslim woman have four husbands, asks Kerala HC judge

India TV News  

Kozhikode: A Kerala High Court judge sparked off a debate on Sunday when he put forth a booming question – ‘Why can't a Muslim woman have four husbands but a Muslim man can have four wives?' Targeting the Muslim Personal Law for discriminating against women in matters of inheritance, dowry and divorce, judge Parsha stated that the bias against women …

Why not four spouses for Muslim women too, asks Kerala HC judge
9 years ago

Why not four spouses for Muslim women too, asks Kerala HC judge

Hindustan Times  

Kerala high court judge Justice B Kamal Pasha stirred a hornet’s nest on Sunday by asking why Muslim women could not have four husbands while the men enjoyed the same privilege under the Muslim personal law. Kerala high court judge Justice B Kamal Pasha said Muslim personal laws are heavily loaded against women. Addressing a seminar organised by an NGO …

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]
9 years, 4 months ago

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]

Live Law  

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 …

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]
9 years, 4 months ago

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]

Live Law  

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 …

Quran misinterpreted by Muslim men to have more than one wife: Gujarat HC
9 years, 4 months ago

Quran misinterpreted by Muslim men to have more than one wife: Gujarat HC

India TV News  

Ahmedabad: In a strongly-worded order, the Gujarat High Court has said the Quran, which Muslims believe to be a revelation from God, was being misinterpreted by Muslim men to have more than one wife. In his plea, Jafar, however, claimed that the Muslim Personal Law allows Muslim men to marry four times and hence the FIR against him does not …

Rights of Muslim women against arbitrary divorce not addressed, says SC
9 years, 4 months ago

Rights of Muslim women against arbitrary divorce not addressed, says SC

Firstpost  

The Supreme Court has expressed concern over Muslim women facing arbitrary divorces and second marriages of their husbands even as their first marriages were subsisting. New Delhi: The Supreme Court has expressed concern over Muslim women facing arbitrary divorces and second marriages of their husbands even as their first marriages were subsisting. Expressing concern on the issue of “gender discrimination… …

An Adulterous wife cannot claim maintenance : Madras High Court [Read the Judgment]
9 years, 7 months ago

An Adulterous wife cannot claim maintenance : Madras High Court [Read the Judgment]

Live Law  

The Madras High Court, in M.Chinna Karuppasamy Vs. Kanimozhi, has held that a divorced wife is living in ‘illicit relationship’ with man other than her former husband is disqualified from claiming maintenance from her former husband. Justice Nagamutthu further held that “The decree obtained by the husband for divorce on proving the adulterous life of the wife cannot give a …

Husband's illegal relationship cannot be always cruelty, rules Supreme Court-India TV News
10 years, 1 month ago

Husband's illegal relationship cannot be always cruelty, rules Supreme Court-India TV News

India TV News  

New Delhi: According to Supreme Court of India husband's unlawful relationship with another woman cannot be termed as 'cruelty' towards his wife and count as a ground for her suicide. The prosecution accused the husband and his parents of cruelty and alleged that the woman was driven to suicide as the man was having an illicit relationship with another woman. …

No divorce if husband does not prove desertion or cruelty: HC
11 years, 10 months ago

No divorce if husband does not prove desertion or cruelty: HC

Firstpost  

A Madras High Court bench has ruled that divorce cannot be granted to a husband if he has not let in any evidence to prove desertion or cruelty by his wife. Madurai: A Madras High Court bench has ruled that divorce cannot be granted to a husband if he has not let in any evidence to prove desertion or cruelty …

“Courts must accept Muslim wife's assertions in a polygamous marriage”
15 years ago

“Courts must accept Muslim wife's assertions in a polygamous marriage”

The Hindu  

A Division Bench of the Kerala High Court on Wednesday declared that courts must accept the assertions of a Muslim wife in a polygamous marriage that she had been treated inequitably by her husband in claims for divorce under Section 2 of the Dissolution of Muslim Marriages Act, 1939. Hari Rani gave the ruling while dismissing an appeal filed by …

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