PIL seeks law to regulate bigamy, polygamy among Muslims, Delhi HC seeks Centre’s stand

The petition has been filed by a Delhi-based woman, Reshma, through advocate Bajrang Vats. According to the plea, she along with her minor son has been deserted by her husband. The petitioner’s other plea for seeking to declare talaq al-sunnah, a type of divorce in Islamic jurisprudence, as unconstitutional and discriminatory, is also pending before the court.

“Bigamy or polygamy contracted by a Muslim husband without obtaining prior written consent of his wife (wives) and without making prior arrangements of accommodation, maintenance of his wife (wives) is unconstitutional, anti-shariat, illegal, arbitrary, harsh, inhuman and barbaric and this practice needs to be regulated by law to curb the plight of Muslim women,” argues Reshma’s fresh petition before the court.

The petition also seeks a declaration that the bigamy or polygamy by a Muslim husband is permitted under shariat laws only in exceptional circumstances. It also seeks a regulation for making it mandatory for a Muslim husband to seek prior permission of a judicial officer “in the form of a certificate that the Muslim husband desirous to contract bigamy/polygamy is having capacity to provide equal treatment to all wives”.

Meanwhile, the court on Monday granted the Centre more time to respond to Reshma’s petition against talaq al-sunnah — which involves pronouncement of ‘talaq’ by the husband but is revocable in nature, as it involves the feature of a certain waiting period before it can be considered final.

The court on Monday also issued notice on a Muslim woman’s application for impleadment in Reshma’s case against talaq al-sunnah. Advocate Shahrukh Alam, representing the applicant, submitted that desired reliefs travel much beyond the facts of Reshma’s case.

“It would have an impact on the nature of Muslim marriages and divorce itself and there are certain presumptions that are erroneous. I would like an opportunity to assist,” submitted Alam.