Allahabad: In a landmark judgement, the Allahabad High Court refused to pass orders in favour of a Muslim Man who wanted resumption of conjugal relationship with his first wife after he had taken a second wife without the knowledge of first wife. The Court held that the Holy Quran does not mandate a man to marry twice if he is not capable of properly fostering his children and wife.
The High Court bench comprising Justice Surya Prakash Kesarwani and Justice Rajendra Kumar-IV quoted the Sura 4 Ayat 3 of the Holy Quran and reiterated that bigamy is sanctified only to those men who are capable of taking care of the children and orphans.
The Court said it will not compel the first wife, against her wishes, to live with the husband under the altered circumstances and share his consortium with another woman and added, "it feels that the circumstances are such that it will be unjust and inequitable to compel her to live with him." "If the contention of the husband for grant of decree of conjugal rights is accepted, then from point of view of the wife, it would amount to breach of her fundamental rights guaranteed under Article 21 of the Constitution of India," the Court said.
