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Polygamy: A petition filed in the Delhi High Court asks Muslim males to seek permission from their current wives before entering into another marriage.

3 May 2022

Polygamy: A petition filed in the Delhi High Court asks Muslim males to seek permission from their current wives before entering into another marriage.

On Monday, the Delhi High Court requested the Central government’s response to a petition demanding that; a Muslim man receives written consent from his wife/wives before entering into another marriage [Reshma v Union of India and Ors].

The petition, filed by attorney Bajrang Vats, requested that; the Central government issue regulations governing bigamy or polygamy committed by a Muslim man under Shariat Law, as well as a declaration that; a husband is obligated to support all of his wives equally.

Reshma filed the case as public interest litigation (PIL), claiming that;  she married Mohammed Shoeb Khan in 2019 and has an 11-month-old child with him. She claims that;  her husband abandoned her after she declared Triple Talaq, and she now thinks that; he is preparing to marry another woman.

Even in countries regulated by Shariah (Islamic) law, it believed that; second marriages are only permissible in exceptional circumstances, such as; the first wife’s illness or incapacity to bear children.

According to the petition,

The petition goes on to say that; while the Holy Quran allows a Muslim man to marry multiple women at once (up to a maximum of four), it does not encourage it.

Polygamous marriages are permissible, but only in specific conditions, such as when a man’s death leaves his widows with no means of support.”

As a result, the petition requested a declaration that; bigamy or polygamy contracted by a Muslim husband without first obtaining written consent from his wife (wives) and without first making proper arrangements for his wife’s accommodation and maintenance is unconstitutional, anti-Shariat, illegal, arbitrary, harsh, inhumane, barbaric, and discriminatory.

It also requested a statement that; under Shariat laws, bigamy or polygamy contracted by a Muslim husband is admissible only under rare situations and only if; the constraints set on Muslim husbands are met.

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