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

The high court has 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 (Shariat) .

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 (Shariat) .

On Monday, the court took note that the counsel has filed additional documents and asked the authorities to reply within six weeks.

She sought directions to make written consent of the first wife mandatory before a Muslim man enters into a second marriage, along with prior permission from a judicial officer certifying that the man has the capacity to treat both wives equally.

To be sure, under provisions of the Shariat law, permission of the first wife is mandatory for the husband to get married for a second time.

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 prior written consent of his wife/wives and prior proper arrangements of accommodation and maintenance of his wives.

A bench of acting chief justice Vipin Sanghi and Justice Navin Chawla issued notice to the ministries of law, women and child development (WCD) and minority affairs and posted the matter for hearing on August 23.

The woman further contended that her husband planned to divorce her for another marriage without prior consent from her and without making any proper arrangements for her and the child.

“It is the apprehension of the petitioner that the respondent no 4 (husband) is going to contract another marriage without obtaining her prior written consent and without making prior, proper arrangements of accommodation, maintenance for herself and 11 months old child,” the plea said.

It added that bigamy or polygamy contracted by a Muslim husband without obtaining prior written consent of his wife/wives and without making prior proper arrangements of accommodation, maintenance of his wife (wives) is “unconstitutional”, “anti-shariat”, “illegal”, “arbitrary” and this practice needs to be regulated by law to curb the plight of Muslim women.

“It is submitted that bigamy or polygamy contracted by a Muslim husband is permitted under Shariat only in exceptional circumstances,” the plea said.