Husband Must Treat Wives Equally in Polygamous Marriage: Madras High Court

The Madras High Court recently emphasized that despite Islamic Law allowing polygamy, a husband must treat all his wives equally, deeming unequal treatment as cruelty. The ruling came in the case of Mukmuthu Sha v. Mohammed Afrin Banu, where a family court in Tirunelveli had granted a dissolution of marriage on grounds of cruelty.

The bench, comprising Justices RMT Teeka Raman and PB Balaji, upheld the family court's decision, noting that the husband initially subjected his first wife to torture and harassment. Later, he entered into a second marriage without treating both wives equally, a requirement under Islamic law.

The first wife claimed harassment during her pregnancy, citing instances of improper care and deliberate cruelty by providing allergic food. The mother-in-law and sister-in-law were also alleged to have mistreated her. After a miscarriage, the husband's sister reportedly harassed her for not bearing a child. The first wife left the matrimonial house due to intolerable conditions, and the husband subsequently married a second time.

The husband denied the allegations, but the court, after reviewing the evidence, found that he had not treated the first wife equally with the second and failed in his marital obligations. The court observed that the husband should have taken measures for reconciliation but instead failed to maintain the first wife and married another woman.

The judgment stated, "We are of the view that the husband, having not treated the first wife and the second wife equally, and the first wife clearly demonstrated the cruelties meted out to her by the husband and that he failed to maintain her for two years. We, therefore, are of the view that the findings of the Family Court that the husband treated the wife with cruelty and has not treated her on par and equally with the second wife and accordingly granted dissolution of marriage, is well merited and does not warrant interference." The court dismissed the husband's appeal, affirming the dissolution of the marriage on the grounds of cruelty.

Author: Anushka Taraniya

News Writer, MIT ADT University