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Punjab and Haryana High Court deciding a Muslim family matter said, “A Muslim man may get married more than once without divorcing his earlier wife, but the same does not apply to a Muslim lady.”
Punjab and Haryana High Court bench of Justice Alka Sarin made comment while deciding the plea of a Muslim couple, who had approached the high court seeking protection to their life and liberty.
In Plea Muslim couple petitioners have been in love with each other since many years and have performed nikah on January 19, 2021, as per nikahnama.
The married instead of opposition from woman’s relatives for the relationship. It was also submitted to the Punjab and Haryana High Court that this is the second marriage for both petitioners, who were earlier “forcefully married” (to different people), and the woman had filed a case against her earlier in-laws.
Punjab and Haryana High Court bench Justice Sarin held, “Petitioner no.1 is a Muslim lady and who admittedly was married earlier. No details are forthcoming about when she was married earlier and to whom. Further, there is no averment as to whether she divorced her first husband either under the Muslim Personal Law or under the provisions of the Muslim Marriages Act, 1939.
Justice Sarin said,“A Muslim man may get married more than once without divorcing his earlier wife, but the same does not apply to a Muslim lady. A Muslim lady has to divorce her first husband, either under the Muslim Personal Law or under the provisions of the Muslim Marriages Act, 1939, before contracting a second marriage. In fact, the alleged marriage itself between petitioner no.1 and petitioner no.2 would be illegal in as much as this marriage has been contracted without the petitioner no.1 being legally divorced,”.
Punjab and Haryana High Court bench Justice Sarin stated that the petitioners have approached court for protection of their life, which cannot be considered in the facts and circumstances of the present case.