The Karnataka High Court observed that the husband failed to establish the prior consent of the first wife to the second marriage of the husband and thus in pursuant to the inability of the husband to asserted the consent with supported evidence makes a ground of cruelty against the first wife even if bigamy is lawful under Sharia Law.
The Bench made this observation while dealing with an appeal which was instituted by the husband against the order of a family court wherein it was mentioned that the first marriage of the appellant should be dissolved on the ground of cruelty.
Case of the Petitioner
The suit was filed by the first wife of the Appellant wherein she prayed for dissolution of marriage on the grounds of cruelty and desertion also alleging that her parents were mistreated by the Appellant and his parents. However the husband denied all allegations and prayed for restitution of conjugal rights.
The family court ruled in the favor of the wife and thus allowed dissolution of marriage.
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Case of the Appellant
Pursuant to the order of the family court wherein the dissolution of marriage was allowed, the Appellant filed for an appeal in the High Court praying for restitution of conjugal rights.
He also contended that the allegations made by the Petitioner do not stand as under Muslim Sharia Law, Muslim men are allowed to practice bigamy and same is lawful and thus the same cannot be a ground for dissolution of marriage on the grounds of cruelty and desertion .
Observation of the Court
After assessing the submissions made by both the parties, the High Court explicitly stated that there was absence of consent of first wife for the second marriage. In the words of the Court:
“Merely because an act is lawful, it does not per se become justifiable in married life; for example of course subject to all just exceptions, smoking and drinking are not unlawful, snoring too is not; but still in certain circumstances they may amount to cruelty to a sensitive spouse; on the same analogy though contracting a second marriage by a Muslim may be lawful, but it is more often than not, causes enormous cruelty to the first wife justifying her claim for divorce’’.
Case details:
Before: Karnataka High Court
Case Title: Yusufpatel v. Ramjanbi
Quorum: Hon’ble Mr. Justice Krishna S Dixit and P Krishna Bhat
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