The Delhi High Court Monday asked a woman to place documents relating to her claim that a Muslim husband needs prior permission from existing wife before entering into another marriage.
A bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla also asked the woman's counsel to place on record the documents to show that under the Shariat Law, a Muslim husband is bound to maintain all his wives.
The counsel for the woman submitted that countries like Pakistan and Bangladesh where the pre-independence Muslim Person Law (Shariat) Application Act is applicable, have regulated bigamy or polygamy by Muslim husband.
To this, the bench asked, “This is not Shariat law, this is not customary law. This is Pakistani law. How is it applicable to India?” The bench further said, “Show us where the Indian law says that consent of an existing wife has to be taken by the husband before marrying another woman.” The court asked the counsel to produce the law and other relevant documents on the issue and listed the matter for further hearing on March 29.
The court was hearing a petition by a woman, who along with her 11-month-old child, has been deserted by her Muslim husband.
The woman claimed that she got to know that her husband was planning to divorce her and marry someone else.
The petition sought to declare that bigamy or polygamy contracted by a Muslim husband without obtaining prior written consent of his wife or wives and without making prior proper arrangements of accommodation, maintenance for them is unconstitutional, anti-shariat, illegal, arbitrary, harsh, inhuman, barbaric and discriminatory.
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