New Delhi:
The Allahabad Excessive Courtroom not too long ago noticed {that a} Muslim man is entitled to marry a number of occasions so long as he treats all his wives equally. The court docket underscored that polygamy was conditionally permitted beneath the Quran for a “legitimate motive”, however is “misused” by males for “egocentric causes”.
A single bench of Justice Arun Kumar Singh Deswal made the remarks whereas listening to a petition to quash the chargesheet, cognisance, and summons order towards a person, Furkan, issued by a court docket in Moradabad.
The case dates again to 2020 when a girl filed a grievance towards Furkan for allegedly marrying her with out informing her that he was already married to a different lady. She additionally alleged Furkan raped her throughout their marriage. Following this, a case was filed on the Moradabad police station and summons have been issued to 3 accused, together with Furkan and two different individuals.
The counsel for Furkan, nonetheless, argued within the Moradabad court docket that the girl had admitted that she married Furkan after having a relationship with him. He additionally argued that the second marriage ought to be invalid to draw offence beneath Indian Penal Code (IPC) Part 494 – marrying an individual whereas already being married to a different.
Justice Deswal, whereas advocating for the Uniform Civil Code (UCC), stated that the person didn’t commit an offence as a Muslim man is allowed to marry as much as 4 occasions. He additionally stated that there’s a historic motive behind the Quran permitting polygamy, including that each one points associated to marriage and divorce ought to be determined in line with the Shariat Act, 1937.
The Allahabad Excessive Courtroom, in its 18-page judgement, stated that Furkan’s second marriage is legitimate as each his wives are Muslim.
The court docket has listed the matter for the following listening to on Might 26.