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. List of his Quora Answers. List of his YouTube Videos.
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