“Muslim woman cannot remarry without divorcing the first husband, but the husband can.”

Team SoOLEGAL 12 Feb 2021 3:12pm

“Muslim woman cannot remarry without divorcing the first husband, but the husband can.”

Punjab and Haryana High Court while hearing a petition where a Muslim couple asked for protection for themselves, had stated that according to Muslim laws, a Muslim man without divorcing his first wife, can marry again but a Muslim woman is not entitled to do the same.

The Court had observed that petitioner no. 1(a Muslim woman) was married and without divorcing her first husband, she married another man. The petitioner stated in the plea that the woman and the man, she married for the second time, were in love for a long time and they performed their official Nikaah on 19th January, 2021 but the relatives from the woman’s side are against this marriage.

The petitioner when asked by the Court about her marital status, answered that since they are from the Muslim religion, they have the right to remarry without getting divorce from the first husband.

The Court, after not finding any proper evidence or clue of the woman divorcing her first husband, declared the second marriage to be illegal and void because the woman has not granted divorce from her first marriage. The Court stated that the petition is not maintainable so the Court would not be able to give any protection, but advised them to appeal to the Superintendent of  Police and ask for protection if they have any threat to their lives. 

Tagged: Punjab and Haryana High Court   Muslim couple   Muslim laws   second marriage   Marriage Law  
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