Islamic law allows a Muslim man to keep one wife and remarry.
But the court cannot order the first wife to live with the husband.
Marrying a second wife without the wife’s permission is injustice to the first wife.
Prayag Raj The Allahabad High Court, in a landmark judgment, said that Islamic law gives a Muslim man the right to remarry while keeping the same wife, but he has no right to seek a court order to marry a man against his will. Forced to live together. First wife.. the court commented that it is wrong for a first wife to remarry without the wife’s consent. If the court compels her to live with her husband against the will of the first wife, it will be a violation of the woman’s constitutional right to a dignified life and personal freedom.
Meanwhile, the court referred to Surah 4 verse 3 of the Holy Quran and said that if a Muslim cannot take proper care of his wife and children, he will not be allowed to remarry. The court upheld the family court’s refusal to order the first wife Hameed Nisa alias Shafiq Kunsha to live with her husband against her will and quashed the judgment and decree against Islamic law. Petition filed, appeal dismissed. The decision was given by a division bench of Justice SP Kesarwani and Justice Rajendra Kumar on Azizur Rahman’s appeal.
Muslims themselves should avoid second marriage with their first wife.
The court said that a society in which women are not respected cannot be called a civilized society. A country that respects women can be called a civilized country. The court said that Muslims should keep one wife and avoid marrying another. The court said that the Qur’an itself is incapable of justifying a Muslim with one wife, not allowing him to marry another. Referring to all the judgments of the Supreme Court, the court said that under Article 21 of the Constitution, every citizen has the fundamental right to a dignified life and personal liberty. Article 14 gives equal rights to all and Article 15(2) prohibits discrimination based on sex etc.
Fundamental rights cannot be denied in the name of personal law
The court said that no individual law or practice can violate constitutional rights. The court said that citizens cannot be deprived of their constitutional fundamental rights in the name of personal law. The right to life includes the right to a dignified life. If a Muslim cannot take care of his wife and children, he has no right to marry his first wife against her will. This is cruelty to the first wife. The court cannot compel the first wife to live with her husband.
That’s the whole point
It should be noted that Azizur Rehman and Hameed Al Neesha got married on 12 May 1999. The plaintiff wife is the only surviving child of her father. Her father donated his immovable property to his daughter. She takes care of her 93-year-old father along with her three children. Without telling her, the husband remarried and has children with her. The husband filed a case in the family court for the wife to stay with him. When the Family Court did not give an order in favor, an appeal was filed in the High Court. Which was rejected by the High Court.
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Tags: Allahabad High Court, UP Latest News.
First Publication: October 11, 2022, 06:49 IST