Moradabad, Uttar Pradesh: The Allahabad High Court has reaffirmed that a Muslim man can legally marry up to four women, provided he treats all of them equally and fairly, as stipulated by Islamic law. Justice Arun Kumar Singh Deswal made the observation while hearing a plea by Furkan, a man from Moradabad, seeking the quashing of a chargesheet and summons order against him in a 2020 criminal case, reported the NDTV.
The case involved a complaint by a woman who alleged that Furkan married her without disclosing that he was already married, and further accused him of rape. She registered an FIR against him and two others at the Moradabad police station, leading to criminal proceedings.
Furkan’s counsel argued that the complainant had willingly entered into the marriage after being in a relationship with him, and questioned the applicability of IPC Section 494, which penalizes bigamy. The defence contended that the second marriage does not amount to a criminal offence under Muslim personal law.
Justice Deswal upheld that a Muslim man is permitted to marry more than once, as long as he adheres to the condition of equal treatment, adding that the second marriage is valid under the Shariat Act, 1937, as both parties are Muslim. The judge emphasized that polygamy in Islam is not unconditional and should not be misused for selfish reasons.
The court also touched upon the broader discussion on Uniform Civil Code, stating that issues like marriage and divorce among Muslims should be governed by personal law. The next hearing of the case is scheduled for May 26.
