Muslim Men Can Register Multiple Marriages; They Are Entitled To Have Four Wives At A Time: Bombay HC

The case involved an Indian man who sought to register his marriage to an Algerian woman, after the Thane Municipal Corporation rejected their application on the grounds that they had not submitted necessary documentation and erroneously claimed that Muslim men could register only one marriage. The petitioners highlighted the inconsistency in the Corporation's stance, as they had previously registered the man's second marriage to a Moroccan woman.

A Bench of Justice BP Colabawalla and Justice Somasekhar Sundareshan found that the Act does not prevent Muslim men from registering multiple marriages, and said, "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."

Senior Advocate Arshad Shaikh appeared for the Petitioners and Advocate Anand S. Kulkarni appeared for the Respondents.

During the hearing, the couple’s lawyer challenged the Corporation’s refusal, emphasizing that all required documents had been submitted. The petitioners were willing to provide any additional documentation needed and requested a fair opportunity for their case to be heard.

The Court firmly dismissed the argument that the Act limited the number of marriages a Muslim man could register, asserting that such a view would effectively nullify Islamic personal laws. The Court stated, "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."

Highlighting the inconsistencies in the actions of the authorities, the Court pointed out that the same officials had previously registered the petitioner’s second marriage. The Court ordered the Thane Municipal Corporation to accept the necessary documents from the couple and to conduct a personal hearing regarding their application. The Court mandated that a reasoned decision must be issued within ten days of the hearing, either approving or denying the registration. Should the application be denied, the matter would then be escalated to the Registrar General for further review.

To safeguard the rights of the Algerian wife during this process, the Court also issued an order prohibiting any deportation actions against her while the registration was pending and for an additional two weeks thereafter.

Cause Title: Mezouar Zouaouia & Anr. v. Thane Municipal Corporation & Ors., [2024:BHC-AS:41806-DB]

Appearance:

Petitioners: Senior Advocate Arshad Shaikh, along with advocates Devansh Malhotra and Hafeezur Rahman