Polygamy under Islamic law demands equal treatment of wives: Madras High Court
Despite Islamic law allowing polygamous marriages, the judgment emphasized the requirement of equal treatment among spouses. It highlighted the husband's failure in treating both wives equally, leading to the dissolution of the marriage due to cruelty.
FollowIn a recent ruling, the Madras High Court upheld the dissolution of a marriage, affirming that while Islamic Law permits polygamy, equal treatment of all wives is mandatory, failure of which amounts to cruelty.
The court validated the decision of a Tirunelveli family court that dissolved the marriage due to cruelty. The husband's actions of initially mistreating his first wife and subsequently marrying another woman without treating them equally were at the core of the ruling.
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Despite Islamic law allowing polygamous marriages, the judgment emphasized the requirement of equal treatment among spouses. It highlighted the husband's failure in treating both wives equally, leading to the dissolution of the marriage due to cruelty.
The first wife detailed instances of harassment by her husband, mother-in-law, and sister-in-law, citing neglect during pregnancy, food allergies, and mistreatment after a miscarriage. She accused her husband of unfair comparisons and emotional abuse, eventually leading her to leave the matrimonial home.
Although the husband refuted these claims, the court's scrutiny of the evidence revealed his unequal treatment and failure to fulfill marital obligations to his first wife. The judgment underscored his lack of effort to maintain her while she was with her parents, further contributing to the dissolution ruling.
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The High Court supported the Family Court's decision, concluding that the husband's unequal treatment and failure to maintain his first wife justified the dissolution of their marriage. Consequently, the Bench dismissed the husband's appeal, affirming the initial ruling.
