{"id":321943,"date":"2024-05-13T11:00:30","date_gmt":"2024-05-13T05:30:30","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=321943"},"modified":"2024-05-22T09:57:00","modified_gmt":"2024-05-22T04:27:00","slug":"second-marriage-by-muslim-may-be-lawful-but-causes-cruelty-to-first-wife-phc-legal-news","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/05\/13\/second-marriage-by-muslim-may-be-lawful-but-causes-cruelty-to-first-wife-phc-legal-news\/","title":{"rendered":"Husband cannot be allowed to play with the dignity of his wife at his own will; Patna High Court denies anticipatory bail to husband"},"content":{"rendered":"
\n

Patna High Court:<\/span> In the present petition, the petitioner-husband seeks pre-arrest bail in a criminal matter registered for offences punishable under Sections 323<\/a>, 498-A<\/a> and 406<\/a>, 34<\/a> of the Penal Code, 1860<\/a> and Sections 3<\/a> and 4<\/a> of the Dowry Prohibition Act, 1961<\/a>. The Single Judge Bench of Purnendu Singh, J.<\/span>, while dismissing the pre-arrest bail application held that that the husband could not be allowed to play with the dignity of his wife at his own will.<\/p>\n

Background<\/p>\n

The marriage between the husband and Respondent 2-wife was solemnized according to Muslim rites and customs. The allegations on the husband were that he started demanding dowry and due to non-fulfilment of his demands, he had started torturing his wife and subjected her to various sorts of cruelty followed by assault. Thereafter, husband submitted that he had suspicion that his wife was pregnant prior to the marriage for which he had confirmed by getting her examined and further alleged that in an ultrasound report, a five-month-old foetus was found in his wife’ womb at the time of marriage and thus the husband found himself to be cheated by her.<\/p>\n

The wife had filed a complaint before the CJM, Motihari, who issued summons and in response to this, the husband filed anticipatory bail in the Court of Sessions Judge, East Champaran, Motihari, Bihar (‘Sessions Judge’), which was dismissed on the ground that the husband was responsible for miserable life of his wife. The husband then contested Sessions Judge’s decision before this Court, which directed both the parties to file affidavit, as they had already agreed to live together and were also willing to reconcile their strained matrimonial relationship. Under these conditions, this Court granted relief to the husband. The husband then preferred to file a SLP in the Supreme Court, which held that since this Court had not examined the merits of the case and had passed a conditional impugned order, the matter had to be remanded to this Court for expeditious and a fresh consideration.<\/p>\n

Observations<\/p>\n

The Court observed that it was not disputed that the petitioner had contracted a second marriage without divorcing his first wife, whom he legally wedded. However, he had failed to establish his contention that the entry of the second wife to the existing matrimony was with the prior consent of the first wife. The Court opined that it was a matter of common knowledge that, women regardless of their religion and socio-economic conditions, detest their husbands contracting a second marriage, therefore, the proof of consent requires cogent evidence which was lacking in this case.<\/p>\n

The Court opined that though the Shariat law permits Muslim to contract more than one marriage, but it must be borne in mind that merely because an act was lawful, it did not per se become justifiable in married life. Contracting a second marriage by a Muslim may be lawful, but it causes enormous cruelty to the first wife.<\/p>\n

The Court also observed that the demeanour of the husband, was such, who in open court, in loud voice, accepted that he had not given \u2018talak\u2019 to his first wife, and he does not want to live with her and at the same time alleged that the first wife was pregnant at the time of marriage but no evidence in this regard has been brought on record. Whereas, on the other hand, the first wife was still ready to live along with the husband and stated that till date she has not given divorce to him.<\/p>\n

The Court ruled that, the conduct of the husband could not be appreciated as he could not be allowed to play with the dignity and life of his wife at his own will and therefore the Court was not inclined to enlarge the husband on pre-arrest bail thus, bail application stands dismissed.<\/p>\n

[Md. Irshad Kuraishi v. State of Bihar, 2024 SCC OnLine Pat 1077<\/a>, decided on 03-05-2024<\/span>]<\/p>\n

\n

Advocates who appeared in this case :<\/p>\n

For the Petitioner\/s: Advocate Brajesh Kumar Singh<\/p>\n

For the Opposite Party\/s- APP Ajit Kumar, Advocate Madhurendra Kumar<\/p>\n

Buy Penal Code, 1860 \u00a0 HERE<\/a><\/h3>\n

\"penal<\/a><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Shariat law permits Muslim to contract more than one marriage, but it must be borne in mind that merely because an act was lawful, it did not per se become justifiable in married life. Contracting a second marriage by a Muslim may be lawful, but it causes enormous cruelty to the first wife.<\/p>\n","protected":false},"author":1,"featured_media":316104,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[3,10],"tags":[13011,68592,2570,29902,27784,2693,7441,30908,5363,44504],"class_list":["post-321943","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-casebriefs","category-highcourts","tag-anticipatory-bail","tag-court-of-sessions-judge","tag-Cruelty","tag-dignity","tag-dowry-prohibition-act","tag-Muslim","tag-patna-high-court","tag-second-marriage","tag-supreme-court","tag-talak"],"yoast_head":"\nContracting second marriage by a Muslim causes enormous cruelty to first wife: Patna HC |SCC Times<\/title>\n<meta name=\"description\" content=\"Patna High Court dismissed pre-arrest bail application of husband and held that contracting second marriage by a Muslim may be lawful but causes enormous cruelty to the first wife.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.scconline.com\/blog\/post\/2024\/05\/13\/second-marriage-by-muslim-may-be-lawful-but-causes-cruelty-to-first-wife-phc-legal-news\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Husband could not be allowed to play with the dignity of his wife at this own will; 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HC explains concept of Marital Cruelty","author":"Bhumika Indulia","date":"September 17, 2020","format":false,"excerpt":"Karnataka High Court:\u00a0A Division Bench of Krishna S. Dixit and P. Krishna Bhat, JJ., held that, \"Though 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.\" The present appeal calls in\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":232117,"url":"https:\/\/www.scconline.com\/blog\/post\/2020\/07\/13\/m-p-hc-provisions-of-muslim-women-protection-of-rights-on-marriage-act-2019-are-applicable-only-against-husband-and-not-in-laws\/","url_meta":{"origin":321943,"position":2},"title":"M.P. HC | Provisions of Muslim Women (Protection of Rights on Marriage) Act, 2019 are applicable only against husband and not in-laws","author":"Bhumika Indulia","date":"July 13, 2020","format":false,"excerpt":"Madhya Pradesh High Court:\u00a0Shailendra Shukla, J., while addressing a anticipatory bail application, held that, \"...applicability of the provisions of The Muslim Women (Protection of Rights on Marriage) Act, 2019 is only against the husband and not in-laws.\" The present anticipatory bail application was filed under Section 428 of Code of\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":275545,"url":"https:\/\/www.scconline.com\/blog\/post\/2022\/10\/13\/allahabad-high-court-family-courts-act-1984-rocr-article-21-of-the-constitution-fundamental-rights-muslim-law-bigamy-dignity-legal-research-legal-news\/","url_meta":{"origin":321943,"position":3},"title":"Allahabad High Court | Muslim wife cannot be compelled by Court to live with her husband against her wishes while second marriage of the husband subsists","author":"Editor","date":"October 13, 2022","format":false,"excerpt":"\u00a0 \u00a0 Allahabad High Court: In an appeal filed under Section 19 of the Family Courts Act, 1984 for setting aside the judgment dated 04.08.2022 and the decree dated 12.08.2022 by the Family Court, whereby the appellant's suit for restoration of conjugal rights, has been dismissed, the division bench of\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"Allahabad High Court","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/07\/allahabad_high_court.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/07\/allahabad_high_court.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/07\/allahabad_high_court.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/07\/allahabad_high_court.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/07\/allahabad_high_court.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":238914,"url":"https:\/\/www.scconline.com\/blog\/post\/2020\/11\/09\/triple-talaq-bom-hc-bail-denied-to-muslim-man-accused-of-giving-divorce-illegally-in-violation-of-the-muslim-women-protection-of-rights-on-marriage-act-2019\/","url_meta":{"origin":321943,"position":4},"title":"[Triple Talaq] Bom HC | Bail denied to Muslim Man accused of giving divorce illegally in violation of The Muslim Women (Protection of Rights on Marriage) Act, 2019","author":"Bhumika Indulia","date":"November 9, 2020","format":false,"excerpt":"Bombay High Court:\u00a0Sarang V. Kotwal, J., while denied bail on the light of giving divorce in violation of the provisions of The Muslim Women (Protection of Rights on Marriage) Act, 2019. Applicant sought anticipatory bail for cases registered under Sections 377, 498 A, 323, 504, 506 of Penal Code, 1860,\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2016\/09\/Bombay-HC.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]},{"id":260912,"url":"https:\/\/www.scconline.com\/blog\/post\/2022\/02\/01\/constant-quarrels-between-husband-and-wife\/","url_meta":{"origin":321943,"position":5},"title":"Constant quarrels between husband and wife: Bom HC observes while granting bail to husband accused of dowry and cruelty","author":"Bhumika Indulia","date":"February 1, 2022","format":false,"excerpt":"Bombay High Court: Sarang V. Kotwal, J., on noting that the husband and wife cannot live together and there were constant quarrels between them, granted bail to the husband who was accused under the provisions of Dowry Prohibition Act and Penal Code, 1860. The Bench remarked that, Applicant\u2019s custody will\u2026","rel":"","context":"In "Case Briefs"","block_context":{"text":"Case Briefs","link":"https:\/\/www.scconline.com\/blog\/post\/category\/casebriefs\/"},"img":{"alt_text":"","src":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/01\/Bombay_New-logo.jpg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/01\/Bombay_New-logo.jpg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/01\/Bombay_New-logo.jpg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/01\/Bombay_New-logo.jpg?resize=700%2C400&ssl=1 2x, https:\/\/i0.wp.com\/www.scconline.com\/blog\/wp-content\/uploads\/2022\/01\/Bombay_New-logo.jpg?resize=1050%2C600&ssl=1 3x"},"classes":[]}],"amp_enabled":true,"_links":{"self":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/321943","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/comments?post=321943"}],"version-history":[{"count":0,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/posts\/321943\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media\/316104"}],"wp:attachment":[{"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/media?parent=321943"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/categories?post=321943"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.scconline.com\/blog\/wp-json\/wp\/v2\/tags?post=321943"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}