P & H HC: Divorce mandatory for Muslim women before their second marriage but same not apply for Muslim men

    12-Feb-2021
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On plea filed by a Muslim couple, Punjab & Haryana High Court Bench said, "a Muslim man may get married more than once without divorcing his earlier wife but the same does not apply to a Muslim lady".
 
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The Bench of Justice Alka Sarin observed that the Muslim lady who was married earlier did not obtain a legally valid divorce from her first husband before her second marriage.
 
The couple submitted the Nikahnama before the Court and said that they have been in love with each other since many years and on January 19, 2021, they performed the nikah.
 
However, the Court said that Muslim lady has to divorce her first husband, either under the Muslim Personal Law or under the provisions of the Muslim Marriages Act, 1939, before contracting a second marriage.
 
Rejecting the protection plea, the Court said that the petition is not maintainable because the petitioners married without legal and valid divorced.
 
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