The Bombay High Court has ruled that Muslim men can legally register multiple marriages in Maharashtra, overturning a municipal corporation’s refusal to register a third marriage. The landmark decision emphasizes the precedence of Muslim personal law in marriage registration matters.
Muslim men can register polygamy: Bombay High Court
The case emerged when the Thane Municipal Corporation denied a marriage certificate to a Muslim man seeking to register his third marriage with an Algerian woman in February 2023.
The corporation had cited the Maharashtra Regulation of Marriage Bureaus and Registration of Marriage Act’s definition of marriage as exclusively singular.
Here’s what the panel said on Muslim multiple marriages:
Justices BP Colabawalla and Somasekhar Sundareshan dismissed this interpretation as “wholly misconceived,” stating, “Under the personal laws for Muslims, they are entitled to have four wives at a time.” The bench emphasized, “There is absolutely nothing in this Act to indicate that the personal laws of Muslims have been excluded.”
The Bombay HC noted that the same municipal corporation had previously registered the petitioner’s second marriage, highlighting an inconsistency in their approach.
Couple asked to submit documents in 2 weeks
The ruling includes practical directives for the couple, requiring them to submit relevant documentation within two weeks. The municipal body then has 10 days to either issue a marriage certificate or provide grounds for refusal after a personal hearing.
Additionally, the court ordered protection against coercive action toward the Algerian woman, whose passport expired in May, pending the resolution of the registration process.
This decision reaffirms the recognition of Muslim personal law within Maharashtra’s legal framework, particularly regarding marriage registration procedures.
