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The Delhi high court on Monday asked the Centre to submit its stand on a petition filed by a Muslim woman wanting bigamy or polygamy be practised by Muslim men without written consent of existing wife be declared unconstitutional and illegal. The public interest litigation (PIL) also sought adequate arrangement for the existing wife’s accommodation and maintenance.
According to a PTI report, the ministries of law, women and child development and minority affairs were asked to share their stand on the issue. A bench of acting chief Justice Vipin Sanghi and justice Navin Chawla posted the matter for further hearing August 23.
Stating the bigamy or polygamy by a Muslim husband is permitted under Shariat laws only under exceptional circumstances and ought to be regulated to curb the plight of women from the community, the plea said such a practice without the consent of the existing wife and securing her well-being was unconstitutional, illegal, arbitrary, harsh, inhuman, and barbaric. It also went against the essence of articles 14, 15, 21, and 25 of the Constitution, the petitioner said.
It said such practices should be allowed only after a judicial officer certifies that the husband has the capacity to provide equal treatment to all wives. The plea also sought the framing of laws for compulsory registration of Muslim marriages.
The petitioner Reshma, whose husband is stated to be “planning to divorce” her and solemnise another marriage without her consent or making arrangements for her and their 11-month-old son’s maintenance, said polygamy is neither mandatory nor encouraged but is merely permitted as a part of social duty and for charitable motives. According to the Quran, men who choose to take multiple wives are under an obligation to treat them equally.
“Even in countries governed by Shariah (Islamic) law, the second marriage is permitted under special circumstances, such as an illness of the first wife or her inability to bear children. In these cases, with the first wife’s consent, a man may marry again and this is referred to as polygamy, a subset of polygamous marriages,” said the petition filed through lawyer Bajrang Vats.
(With inputs from agencies)
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