The Allahabad High Court has ruled that a Muslim man is entitled to marry multiple wives, provided he treats them all equally, in accordance with Islamic law. The observation was made by a single bench of Justice Arun Kumar Singh Deshwal while hearing a petition filed by Furqan, a resident of Moradabad, Uttar Pradesh, who sought to quash a chargesheet and summons issued against him.
The case stemmed from a complaint lodged by Furqan’s second wife in 2020, who accused him of concealing his first marriage while marrying her and committing rape during their relationship. A Moradabad court had issued summons against Furqan and two others based on these allegations. However, the High Court, in its 18-page judgment, held that Furqan’s second marriage was valid under Muslim personal law, as both wives are Muslim, and dismissed the charges of bigamy.
The court noted that the Quran permits polygamy conditionally, primarily for valid reasons such as supporting widows and orphans, as was historically practiced in early Islamic communities. However, it expressed concern that this provision is often misused by men for “selfish reasons,” contrary to its original intent. The bench emphasized that polygamy is not an unfettered right and is subject to the condition of equal treatment of all wives, as mandated by Islamic law.
Justice Deshwal further clarified that the offence of bigamy would apply only if the first marriage was conducted under specific statutes, such as the Hindu Marriage Act, Christian Marriage Act, or Special Marriage Act, and was declared void, or if a man converts to Islam and remarries under Muslim law. In Furqan’s case, since both marriages were conducted under Mohammedan law, no offence was committed.
The court also advocated for the consideration of a Uniform Civil Code to address the misuse of polygamy and ensure uniformity in personal laws across communities. It highlighted that Article 25 of the Indian Constitution, which guarantees religious freedom, is not absolute and is subject to public order, morality, and other provisions of the Constitution.
The matter has been listed for further hearing on May 26, with the court directing authorities to refrain from coercive action against Furqan pending the investigation. The ruling has sparked discussions on the balance between religious personal laws and the need for equitable legal frameworks in India’s diverse society.
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