Marrying 4 wives by mohammadan-fundamental right or not
R.Manivasagan
(Querist) 18 February 2012
This query is : Resolved
dear experts,
my client is the 1st wife of a mohammadan and he said Talaq to her and is also matter in question. a 125 Crpc petition is also pending. meanwhile the man, tried to marry a girl. immdealtiely my clietn filed a civil suit reastraining the man from marrying another girl. now the man appeared and resising the suit under Order 7 rule 11 (d) of CPC, that there is a bar to proceed with the suit, since every mohammadan is having right to marry 4 wives. now my question is
1.whether the right of marrying 4 wives is a fundamental right of a mohammadan or not?
2. Whether is there any legal bar to filing a suit by a mohammadan lady?
3. wheterh the reported ruling in 1985-SCC-vol-2 page 556, a five judges bench of Supreme Court would help to this issue?
4. Is there any other citation in that aspect?
please
Tajobsindia
(Expert) 19 February 2012
1. A Muslim has the undisputed "legal right" to take as many as four wives at a time. But it does not follow that Muslim Law in India gives no right to the first wife against a husband who takes a second wife, or that this law renders her helpless when faced with the prospect of sharing her husband's consortium with another woman.
2. Yes the bar is itself created by the Muslim personal Law.
3. Yes the ruling is helpful so far as maint. to first wife is concerned. However you may be surprised to know that after the landmark judgment at the end the lady didnot go against the Muslim personal Law though she won the case in Court and ultimately she personally never took the maint. to protect the very personal law.
4. In my opinion the classic citation it self is quite sufficient.
Sudhir Kumar, Advocate
(Expert) 19 February 2012
please read fatwa-alamgiri which wasdisctate of Aurangzeb as ulema (while being a king imself. Please see to what extent it restrcits mails's raight of second marriage and whether there had been any legislation against it.
Khaleel Ahmed Mohammed
(Expert) 19 February 2012
Yes, a Mohammadan can marry four wives. It is a constitutional right . NO civil suit can be maintained to restrain a Mohammadan to marry more than one wife.
Advocate.S.A.Siddiq
(Expert) 19 February 2012
Yes, as per Muslim Personal law , muslims can marry more than four wives. But equality is necessary between wives. divorced women can claim her rights under divorced muslim womens protection act.
Rajeev Kumar
(Expert) 19 February 2012
I agree with Tajobsindia's view
R.Manivasagan
(Querist) 19 February 2012
Thank you dear experts. but clarify me that the plaint can be rejected?
Sudhir Kumar, Advocate
(Expert) 20 February 2012
Mr SA Sidiqui has pointed out the existance of limitations on this rigt.
A. A. JOSE
(Expert) 20 February 2012
So far as this country does not have a Uniform Civil Code, people can take advantage of the personal law provisions applicable to them inspite of the fact that it looks unfair, unjust and unethical from the viewpoint of a citizen who became the victim. While, maintenance suit is maintenable inspite of the personal law provisions, challenge to multiples marriages may not be successful .
