Second Marriage May Be Lawful For Muslim Man, But Cruel To First Wife: Karnataka HC Observes

The court that merely because an act is lawful, it does not per se become justifiable in married life.

The Karnataka High Court has observed that although second marriage by a Muslim man is lawful, but it causes 'enormous cruelty' to the first wife.

The Kalaburagi division Bench, comprising Justices Krishna S Dixit and P Krishna Bhat recently dismissed an appeal to set aside a trial court judgement, which justified the dissolution of marriage in a case filed by Ramjanbi, first wife of the appellant Yusufpatel Patil, reported LiveLaw.

Patil had married Ramjanbi in July 2014 in Bengaluru as per Sharia law. He contracted a second marriage shortly after the first one.

Following, the first wife Ramjanbi filed a suit in the lower court, seeking dissolution of marriage on the grounds of cruelty and desertion. She also alleged that she along with her parents were manhandled by the husband's family.

Patil then move the High Court, saying that he loved his first wife, who is a respondent in the case. The only reason he agreed for the second marriage was because of the pressure his parents had mounted on him.

In defence of his second marriage, Patil further said that under the Sharia law, a Mohammaden can have more than one wife and this does not amount to cruelty, nor constitute a ground for opposing restitution of conjugal rights, reported the media.

However, the bench dismissed his statement and stated: "Merely because an act is lawful, it does not per se become justifiable in married life. Contracting a second marriage by a Muslim may be lawful, but it more often than not, causes enormous cruelty to the first wife justifying her claim for divorce."

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