Bombay Excessive Court docket termed the authority’s refusal as “wholly misconceived” (Consultant)
Mumbai:
A Muslim man can register a couple of marriage as their private legal guidelines allow a number of marriages, the Bombay Excessive Court docket held in a case of a person looking for to register his union together with his third spouse. A division bench of Justices B P Colabawalla and Somasekhar Sundaresan on October 15 directed the deputy marriage registration workplace of the Thane Municipal Company to determine the applying filed by a Muslim man in February final yr looking for to register his third marriage with a girl from Algeria.
The couple, of their plea, sought route to the authorities to challenge them a wedding certificates, claiming that their utility was rejected as this was the person’s third marriage.
The authorities refused to register the wedding on the bottom that below the Maharashtra Regulation of Marriage Bureaus and Registration of Marriage Act, the definition of marriage contemplates solely a single marriage and never a number of unions.
The bench, nonetheless, termed the authority’s refusal as “wholly misconceived” and mentioned in your entire scheme of the Act, it doesn’t discover something that might preclude a Muslim man from registering a 3rd marriage.
“Below the private legal guidelines for Muslims, they’re entitled to have 4 wives at a time. As soon as that is the case, we’re unable to just accept the submission of the authorities that below the provisions of the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, just one marriage may be registered, even within the case of a Muslim male,” the court docket mentioned.
The bench mentioned if it had been to just accept the authorities’ competition, then it will successfully imply that the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act overrides and/or has displaced the private legal guidelines of Muslims.
“There may be completely nothing on this Act to point that the private legal guidelines of Muslims have been excluded,” the court docket mentioned.
It additional famous that the identical authorities had satirically registered the petitioner’s marriage together with his second spouse.
The authority had additionally claimed that the petitioner couple had not furnished sure paperwork. The court docket then directed the petitioners to submit all related paperwork inside two weeks.
The court docket ordered that when these paperwork are submitted, the involved authority of the Thane civic physique shall give the petitioners a private listening to and move a reasoned order both granting marriage registration or refusing the identical inside ten days.
The bench directed that till then, no coercive steps ought to be taken towards the petitioner lady whose passport expired in Could this yr.
(Aside from the headline, this story has not been edited by EDNBOX employees and is printed from a syndicated feed.)