Ranchi: The Jharkhand High Court has ruled that a Muslim man cannot marry again under the Special Marriage Act (SMA), 1954, while his first marriage remains valid. The court stated that the Act upholds monogamy for all citizens, regardless of religion.
The judgment came in a case where a Muslim man had entered into a second marriage under the SMA without dissolving his first marriage, which had been conducted under Muslim personal law. The petitioner argued that the SMA, being secular in nature, allowed him to contract another marriage.
Rejecting the argument, the court clarified that the SMA overrides personal laws once a person chooses to marry under it. It said that the Act’s provisions ensure equality in marriage laws by prohibiting polygamy. The bench observed that allowing a second marriage under the SMA while a previous one is valid would defeat the purpose of the law.
The court emphasized that religious identity does not provide exemption from the legal requirement of monogamy under the SMA. It underlined that individuals who marry under this law are bound by its secular and uniform principles.
Legal experts view the ruling as a reaffirmation of the SMA’s scope as a civil law designed to regulate marriages free from religious provisions. The decision strengthens the interpretation that polygamous practices are not permissible under secular marriage laws in India.
