New Delhi: The Allahabad High Court has stated that a Muslim man who marries a second time against the preferences of the first wife cannot compel her to live with him. The observation was made by a two-judge panel made up of Justice Surya Prakash Kesarwani and Justice Rajendra Kumar as they heard a petition for conjugal rights submitted by a Muslim man. They argued that a Muslim guy shouldn’t practice polygamy if he can’t do justice and support four women.
“If a Muslim man is not capable of fostering his wife and children, then as per the mandate of the Holy Quran, he cannot marry another woman,” the court observed.
A Muslim husband has the legal right to take a second wife even while the original marriage is still in force, according to the court’s ruling. However, he cannot use this authority to force the first wife to live with him against her will by seeking the help of a civil court.
They argued that the man committed cruelty when he married the second woman while hiding the truth from his first wife.
The court said the first wife can’t be compelled to go with the man in a suit filed by him for restitution of conjugal rights.