HC notice to Centre on plea for law on compulsory Muslim marriage registration

The Delhi High Court on Monday sought a response from the Centre on a plea moved by a Muslim woman who along with her 11monthold child has been deserted by her Muslim husband seeking direction to frame law for compulsory registration of Muslim marriagesThe petitioner also sought direction to hold and declare that a Muslim husband is legally bound to obtain the prior written consent of his wife wives to contract bigamy or polygamy under Shariat LawsA bench of Acting Chief Justice Vipin Sanghi and Justice Navin Chawla issued notice to the Ministry of Law and Justice Ministry of Women and Child Development Ministry of Minority Affairs and her husband and listed the matter for August 23 2022 for detailed hearingThe petitioner through Advocate Bajrang Vats also sought to declare that bigamy or polygamy contracted by a Muslim husband without obtaining the prior written consent of his wife or wives and without making prior proper arrangements of accommodation maintenance for them is unconstitutional antiShariat illegal arbitrary harsh inhuman barbaric and discriminatoryAdvocate Bajrang Vats Earlier submitted that countries like Pakistan and Bangladesh where the preindependence Muslim Person Law Shariat Application Act is applicable have regulated bigamy or polygamy by Muslim husbandsThe plea states that the petitioner an aggrieved Muslim wife has filed this petition as Public Interest Litigation as the reliefs sought are of public importance It is submitted that the petitioner is a victim of unclear uncodified Shariat laws and she is seeking the intervention of this Court for redressal of her grievancesThe plea further submitted that the Holy Quran provides for bigamy or polygamy only in extreme and exceptional circumnutates but it is very pathetic that the Muslim husbands are taking it for granted and it has been propagated in the society that absolute discretion lies with the Muslim husband to contract bigamy or polygamy at any time without any reason and without advance notice to wife and without obtaining her without prior written consent and without making prior proper arrangements of accommodation maintenance for wifeIt is a settled legal position that discretion vested in a person or authority is always conditional and it cannot be absolute It is submitted that a Muslim wife is not a machine but she is a human being vested with all universal human rights which also includes rights in her matrimonial life the plea saidIt is submitted that a Muslim wife is also entitled to constitutional protection and she cannot be deprived of her Right to Life in the name of applicability of personal laws It is submitted that the practice of bigamy or polygamy contracted by Muslim husband is contrary to Articles 14 15 21 and 25 of the constitution of India the plea addedThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever