By way of Specific Information Carrier
NEW DELHI: A public hobby litigation (PIL) has been filed in Delhi Prime Court docket difficult Muslim males to procure prior permission from present partner ahead of getting into any other contractual marriage. It used to be argued that even in international locations ruled via Shariah (Islamic) regulation, the second one marriage is authorized handiest below particular cases, comparable to sickness of the primary spouse or her lack of ability to endure kids.
A department bench of Performing Leader Justice Vipin Sanghi and Justice Navin Chawla directed the respondents to record their affidavits inside of six weeks and indexed the case for additional listening to on August 23.
The petition used to be filed via one Reshma arguing that she were given married to Mohammed Shoeb Khan in 2019 and has a 11-month-old kid. She used to be allegedly abandoned via her husband after announcing triple talaq and now fears that her husband is making plans to marry any other lady.
The PIL sought a course to the Central executive to border regulations to keep an eye on bigamy or polygamy shriveled via a Muslim guy below the Shariat Regulation and a declaration {that a} husband is obliged to care for all his other halves similarly. “In those circumstances, with the primary spouse’s consent, a person might marry once more and that is known as polygamy, a subset of polygamous marriages,” it mentioned.
The petition added that the Holy Quran lets in a Muslim guy to marry multiple lady at a time (as much as a most of 4), however does now not inspire such behaviour. “All other halves are entitled to split residing quarters. It’s submitted that jurists are unanimous of their view that during Islamic societies. Polygamous marriage are authorised, however handiest in positive cases this is basically in eventualities the place a person’s demise has left his widows with out a manner or enhance,” the petition mentioned.
The petition, due to this fact, sought a declaration that bigamy or polygamy shriveled via a Muslim husband with out acquiring prior written consent of his spouse (other halves) and with out making prior correct preparations of lodging, repairs of his spouse (or other halves) is unconstitutional, anti-shariat, unlawful, arbitrary, harsh, inhuman, barbaric, discriminatory.