On December 22, 2023, the Madra High Court upheld the annulment of a marriage, holding that while Islamic Law allows polygamy, equal treatment of all wives is essential and failing to do so amounts to cruelty.
The bench comprising Justices Rmt. Teekaa Raman and Justice PB Balaji dismissed an appeal filed by the Husband against the Family Court’s judgement and order dissolving the marriage between the parties under Section 2(ii)(iv)(viii)(a)(d) of the Dissolution of Muslim Marriages Act, 1939 (Act). The Court stated that the wife convincingly demonstrated that the husband treated her unfairly in comparison to his second wife, refused to provide care and support, and neglected marital commitments after their separation while she lived with her parents.
“Thereby, he has not treated the first wife and the second wife equally as required under the provisions of Islamic Law. Under Islamic Law, the husband is entitled for Polygamous marriage, however, he has to treat all the wife equally,” the court observed.
Advocate K. Abiya appeared for the Appellant Mukmuthu Sha and Advocate C. Jeya Indira Patel appeared for the Respondent Afrin Banu.
The first wife described harassment from her husband, mother-in-law, and sister-in-law, alleging neglect during pregnancy, food allergies, and cruelty following a miscarriage.
“Without considering that the plaintiff is pregnant, the mother of the husband/defendant scolded her for not properly draping the saree, and the husband also took photos of the plaintiff and the defendant while they were intimate position.” A child was born to the parties when the plaintiff/wife went to Chennai to live with her husband in September 2016. However, the child died the following day. On that score, the husband’s sister “abused the wife by stating that she could solemnise another marriage of the defendant/husband since the plaintiff/wife has no child,” the wife alleged.
She went on to accuse her spouse of unfair comparisons and emotional abuse, prompting her to leave the matrimonial home.
While the husband denied these allegations, the court’s examination of the evidence proved his cruelty and neglect towards his first wife and failure to fulfil marital obligations to her. The ruling emphasised his lack of effort to support her while she was with her parents, which contributed to the dissolution ruling.
The High Court upheld the Tirunelveli Family Court’s verdict, concluding that the husband’s unequal treatment and failure to support his first wife justified the couple’s separation. The Bench, thus, dismissed the husband’s appeal, upholding the initial decision.
