The Bombay High Court recently ruled that a Muslim man can legally register multiple marriages under personal laws that allow for polygamy. This decision came as the court addressed the case of a man seeking to register his third marriage to a woman from Algeria. The ruling highlights the intersection of personal laws and state regulations in India regarding marriage.
On October 15, a division bench consisting of Justices B. P. Colabawalla and Somasekhar Sundaresan examined the man's plea. The man had filed an application with the deputy marriage registration office of the Thane Municipal Corporation in February of the previous year.
However, his application was rejected because the authorities cited the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, which generally recognizes only one marriage at a time.
The court found the authorities' refusal to register the marriage to be “wholly misconceived.” The justices emphasised that under Muslim personal laws, men are permitted to have up to four wives simultaneously. They pointed out that there was no provision in the Maharashtra Act that would prevent a Muslim man from registering a third marriage.
The bench criticised the interpretation that the state law could override personal laws, arguing that the Maharashtra Act does not explicitly exclude Muslim personal laws. The justices also noted the inconsistency in the authorities’ actions, as they had previously registered the petitioner’s marriage to his second wife.
During the proceedings, the authorities claimed that the couple had not provided certain necessary documents for the marriage registration. The court directed the petitioners to submit all relevant documents within two weeks.
Following this, the Thane civic body was instructed to conduct a personal hearing with the petitioners and issue a reasoned decision—either granting or denying the registration—within ten days.
Additionally, the bench ordered that no coercive measures be taken against the woman involved in the marriage, especially since her passport had expired in May of this year.
This case underscores the complexities of marriage laws in India, particularly in relation to religious personal laws and their recognition under state legislation.
It raises important questions about the rights of individuals to practise their personal laws in a legal system that often intertwines with cultural and religious practices.
In a country as diverse as India, the recognition of polygamous marriages within certain communities presents ongoing debates about gender equality, legal rights, and the interpretation of laws. As this ruling sets a precedent, it may influence future cases involving marriage registrations under personal laws in the country.
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