Muslim man can't remarry if he's unable to take care of family: Allahabad HC

Prayagraj, Oct 12: The Allahabad High Court in a landmark observation has said that a Muslim man can not marry twice if he is not capable of taking care of his wife and kids, underlining that 'as per the mandate of the Holy Quran, bigamy is not sanctified unless a man can do justice to orphans', according to a report in The Times of India.

The court also said that a Muslim man has to prevent himself from performing a second marriage if he is not capable of fostering his wife and children, the division bench of Justice Surya Prakash Kesarwani and Justice Rajendra Kumar has observed.

The apex court of the state also said, " Besides, a Muslim man, after having a second wife against the wishes of the first, cannot seek decree from a civil court to compel the first one to live with him," the bench added.

The court dismissed a first appeal filed by one Azizurrahman for restitution of conjugal rights, the court said: "The religious mandate of Sura 4 Ayat 3 of Quran is binding on all Muslim men. It specifically mandates that a Muslim man can marry upto four women of their choice, but if he (Muslim man) fears that he will not be able to deal justly with them then can only marry one," reported the newspaper.

The appellant in the matter was seeking restitution of conjugal rights with her first wife by filing a suit before a family court. He had contracted a second marriage without informing her first wife.

The high court also added that a Muslim husband has the legal right to take a second wife even while the first marriage subsists, but if he does so, and then seeks the assistance of the civil court to compel the first wife to live with him against her wishes, she is entitled to raise the question whether the court, as a court of equity, ought to compel her to submit to co-habitation with such a husband.

The court made the observations by dealing with an appeal filed under Section 19 of the Family Courts Act, 1984 challenging the judgment passed by the principal judge, Family Court, Sant Kabir Nagar. In the judgement, the plaintiff's (husband) suit for restitution of conjugal rights was dismissed. The high court passed these observations on September 19.