Muslim man’s second marriage is not illegal – Madhya Pradesh HC

Jabalpur (Madhya Pradesh) – ‘Even if a Muslim man’s first marriage is valid, contracting a second marriage does not constitute the offence of bigamy under Section 494 of the Indian Penal Code. Section 494 applies only when a second marriage is legally invalid during the subsistence of the first marriage. However, under Muslim Personal Law, a man is permitted to have multiple wives; therefore, a second marriage is not automatically considered invalid. Hence, a case cannot be registered under this section’, Madhya Pradesh High Court said in a ruling.

In this case, the court accepted the petitioner’s plea and completely dismissed the charge of bigamy against him. However, other charges registered under the Indian Penal Code—Section 498A (cruelty toward wife), Section 342 (wrongful confinement), Section 323 (causing injury), and Section 506 (Part 2) (criminal intimidation)—were retained. The hearing of these charges will continue in the lower court.

What is the case?

The petitioner’s wife had alleged that after their marriage in 2002, the husband subjected her to physical and mental harassment due to their inability to have children. She also claimed that in 2022, her husband entered into a second marriage and pressured her to grant him a divorce through “khula” (a form of divorce initiated by Muslim women).