First Wife Not Consenting To Husband's Second Marriage Not a Relevant Factor in Protection Plea of Muslim Couple: P&H High Court [READ ORDER]

The alleged illegality of the marriage of the petitioners having been solemnized without the consent of the first wife is not to be gone into in the present proceedings which are only regarding providing of protection to the petitioners, remarked the Punjab & Haryana High Court on Wednesday, 16th December, 2020. 

The Bench of Justice Alka Sarin was hearing the plea of a Muslim Couple who solemnized their marriage against the wishes of respondent Nos.4 to 7 who are the relatives of woman and alleged that they apprehend danger to their life at the hands of respondent Nos.4 to 7.

Interestingly, in their plea for granting protection, the first wife of Man also appeared through her Counsel and it was contended by her that as per Muslim law the consent of the first wife is necessary for performing a second marriage.
 

Court's observations

Regarding the alleged illegality of the marriage of the petitioners having been solemnized without the consent of the first wife, the Court said that it was not a relevant factor to be considered in the instant proceeding, which was only regarding providing of protection to the petitioners. The issue in hand is not the validity of the marriage but the fact is that the petitioners are seeking protection of life and liberty as envisaged under Article 21 of the Constitution of India. Article 21 of the Constitution of India provides for protection of life and personal liberty and further lays down that no person shall be deprived of his life and personal liberty except as per the procedure established by law.

[READ ORDER]