Bombay HC backs Muslim man's right to register multiple marriages under personal laws
By Team Asianet Newsable | First Published Oct 23, 2024, 11:40 AM ISTThe couple was directed to submit all necessary documents within two weeks, as the municipal authority claimed that they had not provided them during their initial registration attempt.
The Bombay High Court has ruled that Muslim men are entitled to register multiple marriages, and his personal law allows him to have up to four wives at the same time. This decision was made when handling a petition of a Muslim man who wanted to register his third marriage to an Algerian woman in February 2023. His request was declined by the Thane Municipal Corporation that cited the law in the Maharashtra Regulation of Marriage Bureaus and Registration of Marriage Act which they said permits only one marriage to be recognised for any individual.
The petitioner denied this action by the municipal body as in Muslim personal law it is permitted to marry more than one woman. On October 15, when the High Court bench of Justices BP Colabawalla and Somasekhar Sundareshan ruled in favour of the petitioner, they described the Thane Municipal Corporation's refusal to register the marriage as 'wholly misconceived'.
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The court pointed out that the provisions of the Maharashtra Act itself do not have any provision which bars Muslim men from registering the multiple marriages. It affirmed, 'Self acquired Muslim law; a man can marry up to four women while he is still alive. Once this is the case, we are unable to accept the authorities' submission that only one marriage can be registered under the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, even for a Muslim male.
The judges also pointed out that the municipal corporation had previously registered the petitioner's second marriage, raising questions about its current stance on the matter. The couple was directed to submit all necessary documents within two weeks, as the municipal authority claimed that they had not provided them during their initial registration attempt.
Meanwhile, the court directed the municipal body to issue the marriage certificate within 10 days of receiving the required documentation, or to provide a valid reason for refusal after holding a personal hearing. Additionally, the court instructed that no coercive action should be taken against the petitioner's wife, whose passport expired in May, until further notice.
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