New Delhi:
The Allahabad High Court recently observed that a Muslim person is entitled to marry several times, until he treats all his wives equally. The court underlined that polygamy was conditionally allowed for “valid cause” under the Quran, but “misused” by men for “selfish reasons”.
A single bench of Justice Arun Kumar Singh Deswal made a comment on a petition to reduce the charge sheet, cognitive and summons order against Furkan, a man issued by a court in Mordabad.
The case is back by 2020 when a woman had allegedly filed a complaint against Furcon for marrying her, without informing her that she had already married another woman. He also alleged that Furkan raped her during her marriage. Subsequently, a case was filed at Mordabad police station and summons was issued to three accused, including Furqan and two others.
However, Furkan’s lawyer argued in the Mordabad court that the woman had admitted that she had married Furkan after having a relationship with her. He also argued that the second marriage should be invalid to attract the crime under the Indian Penal Code (IPC) Section 494 – already marrying one person while marrying another.
Justice Deswal advocated the Uniform Civil Code (UCC) and said that the man did not commit crime because a Muslim person is allowed to marry four times. He also said that there is a historical reason behind the Quran, which allows polygamy, saying that all issues related to marriage and divorce should be decided according to the Shirott Act, 1937.
The Allahabad High Court said in the judgment of its 18-page that Furkan’s second marriage is valid as both their wives are Muslims.
The court has listed the case for the next hearing on 26 May.
