Muslim Man Can Marry Multiple Women If He Treats Them Equally: Allahabad High Court

Muslim Man Can Marry Multiple Women If He Treats Them Equally: Allahabad High Court

The Allahabad High Court has observed that while Muslim men are permitted to marry more than once, such polygamy is allowed only under specific conditions as outlined in the Quran—particularly, the equal treatment of all wives and a valid justification for entering into multiple marriages.

The court cautioned that the provision is often misused for "selfish reasons."

Justice Arun Kumar Singh Deshwal made these observations while hearing a petition filed by a man named Furkan, seeking to quash the chargesheet, cognisance order, and summons issued by a Moradabad court in a case dating back to 2020.

The complaint was filed by a woman who alleged that Furkan married her without disclosing his existing marriage and further accused him of rape during the course of their relationship. Based on her complaint, police registered a case and issued summons to Furkan and two others.

In defence, Furkan's counsel argued that the woman had acknowledged entering into a relationship and later marrying him voluntarily. It was further contended that the charge under IPC Section 494 (bigamy) would not apply, as a second marriage contracted under Muslim personal law cannot be deemed invalid.

Justice Deshwal, while supporting the idea of implementing a Uniform Civil Code (UCC), noted that under Islamic law, a Muslim man can marry up to four women, provided all are treated equally. He emphasized that the Quran permits polygamy for historical and social reasons, and such matters should be governed by the Muslim Personal Law (Shariat) Application Act, 1937.

In its 18-page judgment, the High Court concluded that Furkan’s second marriage was valid, as both women involved are Muslim. The court scheduled the next hearing for May 26.

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