Have Polygamy Rules Changed For Muslim Men? What Madras HC Says

In a recent verdict that reaffirms the principles of justice and equality, the Madras High Court, in the case of Mukmuthu Sha v. Mohammed Afrin Banu, held that while Islamic law permits a husband to engage in polygamy, it mandates the equal treatment of all wives. Failure to adhere to this principle constitutes cruelty, leading to the dissolution of marriage.

The bench of justices RMT Teeka Raman and PB Balaji said, "He (husband) 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 to polygamous marriage; however, he has to treat all the wives equally."

The bench upheld the decision of a family court in Tirunelveli, in which the family court allowed the dissolution of marriage on the grounds of cruelty committed by the husband to his wife.  

Unequal Treatment and Cruelty

The court's decision was based on a family court order in Tirunelveli, which dissolved the marriage on grounds of cruelty. The petitioner, the first wife, alleged torture and harassment by her husband and his family members. The husband, in turn, had remarried and was living with his second wife.

Allegations ranged from inadequate care to deliberate exposure to allergenic food. The first wife said that she was harassed by her husband, his mother and his sister. When she was pregnant, her husband and his family harassed her by giving her food she was allergic to. Moreover, the mother-in-law allegedly scolded her for not draping her saree properly when she was pregnant. After the wife had a miscarriage, the sister-in-law harassed her for not being able to bear a child. The wife further claimed that the husband always compared her with other people and disliked the food she prepared for him. Fed up with all the harassment, the wife said that she left her matrimonial home. But the husband demanded her return and threatened her that he would remarry.

Despite the husband's demand for her return, he proceeded to marry a second time, leading the court to conclude that he failed to fulfill his marital obligations.

Verdict and Implications

The court held the husband accountable for not maintaining the first wife, even when she resided with her parents. It stressed that the husband should have pursued reconciliation or, failing that, pronounced Talaq on reasonable grounds. However, his failure to take such actions and his subsequent remarriage indicated a neglect of his duties, reinforcing the court's findings of cruelty.

In light of these circumstances, the Madras High Court dismissed the husband's appeal, upholding the family court's decision to dissolve the marriage. The judgment highlights the importance of treating wives equally in polygamous marriages, as mandated by Islamic law. 

"But in the instant case, no such act was done by the husband, and in fact, he did not maintain the first wife, failed in his duty, and has married another woman," the court said. And then it concluded that, "We therefore are of the view that the findings of the Family Court that the husband treated the wife with cruelty and has not treated her on par and equally with the second wife and accordingly granted dissolution of marriage, is well merited and do not warrant interference."

This landmark ruling serves as a precedent, highlighting the judiciary's commitment to ensuring justice and fairness in family matters.