Injunction against second marriage by muslim wife

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This topic contains 2 replies, has 2 voices, and was last updated by  Siddhant Srivastava 2 months, 2 weeks ago.

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  • #2739

    I wanted to know whether there can be a suit for injunction against a muslim wife from contracting a second marriage in subsistence of the first one? (Since muslim marriage is a contract.)

  • #2740

    Firstly, it should be clear that in Islam, polyandry, the practice of a woman having more than one husband is not permitted. In view of this, the second marriage of a Muslim woman while her first marriage is still subsisting, is not valid.

    In my opinion, once this is clear, a suit for injunction in such a case should be possible. In whichever states, Family Courts have been established under the Family Courts Act, 1984, such a suit should be permissible in a Family Court having jurisdiction in view of provisions of Section 7 of the said Act. This section, inter alia, gives powers to the Family Court jurisdiction in resect of “a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship”.

    In this regard, this news report may be of interest to you: Family court stops Muslim man from marrying second time.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.

  • #2751

    Thank you so much sir. Really greatful to you. Your articles have always helped me on critical law points like this. Thanks.

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