Muslim Man Can Have Multiple Wives If He Treats All Of Them Equally: Allahabad High Court

The Allahabad High Court recently observed that a Muslim man is entitled to marry multiple times as long as he treats all his wives equally. The court underscored that polygamy was conditionally permitted under the Quran for a “valid reason”, but is “misused” by men for “selfish reasons”.

A single bench of Justice Arun Kumar Singh Deswal made the remarks while hearing a petition to quash the chargesheet, cognisance, and summons order against a man, Furkan, issued by a court in Moradabad.

The case dates back to 2020 when a woman filed a complaint against Furkan for allegedly marrying her without informing her that he was already married to another woman. She also alleged Furkan raped her during their marriage. Following this, a case was filed at the Moradabad police station and summons were issued to three accused, including Furkan and two other people.

The counsel for Furkan, however, argued in the Moradabad court that the woman had admitted that she married Furkan after having a relationship with him. He also argued that the second marriage should be invalid to attract offence under Indian Penal Code (IPC) Section 494 – marrying a person while already being married to another.

Justice Deswal, while advocating for the Uniform Civil Code (UCC), said that the man did not commit an offence as a Muslim man is allowed to marry up to four times. He also said that there is a historical reason behind the Quran allowing polygamy, adding that all issues related to marriage and divorce should be decided according to the Shariat Act, 1937.

The Allahabad High Court, in its 18-page judgement, said that Furkan’s second marriage is valid as both his wives are Muslim.

The court has listed the matter for the next hearing on May 26.