Muslim personal law permits men to marry four women
Kerala High Court
Kochi: The Kerala High Court has held that Muslim personal law permits men to marry four women and that there is no discrimination in section 494 of the IPC (offence against bigamy).
A division bench comprising acting Chief Justice Ashok Bhushan and Justice P. Shaffique passed the order while dismissing a plea seeking to declare that there is no distinction between any citizens on the basis of religion, caste or creed when it comes to registering a case for the offence of bigamy. The petitioner argued that police should not consider personal law when it comes to bigamy.
The court, while considering a plea filed by K. Venugopal of Thrissur, made it clear that if a Muslim marries a fifth woman he could be prosecuted under 494 IPC. The petitioner argued that as per the provisions of Indian Penal Code, there was no distinction between any citizens on the basis of religion, caste or creed.
However, the statutory authorities like police were silent when it came to registering a case under section 494 IPC in respect of certain classes of people on the ground that personal law permitted the conduct of a second marriage, the petitioner said. By the silence of the authorities, many hapless women were being cheated to irreparable injury, he said.
He sought a directive to declare that the offence of section 494 of IPC would be charged against all classes of citizens who conduct a bigamous marriage.
( Source : dc correspondent )
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