Although the husband, a muslim man second marriage, the Court held that he must still bear the consequences of this act by compensating his first wife.
The Madras High Court recently ruled that a Muslim man marrying a second wife amounts to cruelty against his first wife, ordering him to pay ₹5 lakh in compensation.
Justice G.R. Swaminathan observed that the husband’s remarriage inflicted significant emotional distress and suffering on the first wife.
Although the husband, as a Muslim, has the right to a second marriage, the Court emphasized that he must still bear the consequences by compensating his first wife.
“The revision petitioner being a Muslim is at liberty to do so. But then, he has to pay for his act. The act of second marriage would have caused considerable emotional distress and pain to the complainant. Without doubt, it amounts to cruelty. The Courts below were therefore justified in awarding compensation for a sum of Rs.5 Lakhs,” the court ordered.
The Court also directed the husband to pay ₹25,000 per month for the maintenance of their minor child.
This order was issued in response to a revision petition filed by the husband (petitioner).
He had married his first wife, the respondent, in 2010.
In 2018, the wife filed a domestic violence case against him under various provisions of the Protection of Women from Domestic Violence Act, 2005, including Sections 12(1) and (2), 18(a) and (b), 19(a), (b), and (c), 20(1)(d), and 22.
In 2021, a Magistrate had ordered the husband to pay ₹5 lakh as compensation for the domestic violence and ₹25,000 per month for the maintenance of their minor child.
The husband appealed the Magistrate’s decision to the Additional District and Sessions Judge in Tirunelveli, but the appeal was rejected, prompting him to challenge the ruling in the Madras High Court.
In his defense, he argued that his first wife, a medical doctor, had not experienced any form of domestic violence.
He further claimed that their marriage had been dissolved before his second marriage, presenting a divorce certificate issued by the Shariat Council of Tamil Nadu Thowheed Jamath in November 2017, following his third Talaq notice to his wife.
The Court dismissed this argument, noting that the husband had not obtained any judicial declaration confirming the dissolution of his marriage with the respondent.
It concluded that the marriage between the husband and his first wife remained legally valid.
“The revision petitioner had failed to obtain any judicial declaration that his marriage with the respondent herein was legally dissolved. I conclude that the marriage between the complainant and the revision petitioner is still holding good ,” the Court stated.
The Court then examined whether a Muslim man marrying a second wife while his first marriage was still valid could be considered domestic violence under Section 12 of the Act, thus allowing the Muslim wife to seek compensation, as in cases involving non-Muslim wives.
The Court ruled that while a Muslim wife cannot stop her husband from remarrying, she still has the right to seek maintenance and can choose not to live in the matrimonial home.
“It is true that a Muslim male is legally entitled to contract as many as four marriages. For this legal right or liberty, there is only a limited hohfeldian jural correlative on the part of the wife. The wife cannot stop the husband from entering into a second marriage. She, however, has the right to seek maintenance and refuse to be a part of the matrimonial household,” the Court said.
Consequently, the Court rejected the revision petition and upheld the compensation granted to the wife.
