Bombay High Court Affirms Muslim to Legally Register Multiple Marriages

Bombay High Court Affirms Muslim Men's Right to Legally Register Multiple Marriages

The Court stated that the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act does not bar Muslim men from registering more than one marriage since it is permitted under the Muslim personal law.

The Bombay High Court recently ruled that a Muslim man has the right to register multiple marriages under the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998, in the case of Mezouar Zouaouia and Anr v. Thane Municipal Corporation and Ors.

A bench of Justice BP Colabawalla and Justice Somasekhar Sundareshan clarified that the Act does not restrict Muslim men from registering more than one marriage, as this is permitted under Muslim personal law.

“In the entire Scheme of the Act we do not find anything that would preclude a Muslim Male from registering a third marriage. In fact, Section 7(1)(a) specifically contemplates that the Registrar has to ensure that the marriage between the parties is performed in accordance with the personal law of the parties. It is not even disputed by the authorities that under the personal laws for Muslims, they are entitled to have four wives at a time,” the Court said.

The case involved an Indian man and his Algerian wife (the petitioners) who sought to register their marriage after the Thane Municipal Corporation denied their application. This marked the man’s third marriage. The authorities contended that the couple failed to provide the necessary documentation and argued that the law permits Muslim men to register only one marriage.

During the hearing, the couple’s lawyer highlighted the inconsistency in the Corporation’s actions, noting that the man’s second marriage to a Moroccan citizen had been registered without any problems. The Corporation’s attorney claimed that the couple had not submitted essential documents, such as proof of identity and birth. However, the petitioners’ lawyer maintained that all required documents had been provided. To resolve the issue, they proposed submitting any additional documents the Corporation might need and requested a fair hearing regarding the marriage registration.

The Court firmly rejected the notion that only one marriage could be registered, asserting that such an interpretation would violate Islamic personal laws.

“If we were to accept this submission, it would effectively mean that this Act overrides and/or has displaced the personal laws of Muslims. There is absolutely nothing in this Act to indicate that the personal laws of Muslims have been excluded. As mentioned earlier, the personal laws of the parties is a very important factor that has to be taken into consideration whilst deciding whether a particular marriage ought to be registered or otherwise,” the Bench said.

The Court also emphasized the inconsistency in the authorities’ actions, noting their prior approval of the petitioner’s second marriage.

“ironically, we find that these very authorities, under the provisions of The Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998, have registered the marriage of Petitioner No.2 (the husband) with his second wife (a Moroccan citizen at the time of her marriage),” the order said.

The Court instructed the authority under the Act to accept the necessary documents and conduct a personal hearing for the couple. A reasoned order, either approving or denying the marriage registration, must be issued within ten days following the hearing. If the registration is denied, the case will be referred to the Registrar General under the Act for further review and hearing. To protect the wife’s rights, the Court also prohibited any deportation actions against her during the marriage registration process and for two weeks thereafter.