Radhika Mittal
The Bombay High Court has ruled that Muslim men are entitled to register multiple marriages under the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998. This decision came after a Thane resident’s application to register his third marriage to an Algerian woman was denied by the local municipal corporation, which argued that the law permits only one marriage registration.
The Court emphasized that personal laws must be respected in marriage registrations, specifically noting that under Islamic law, men can have up to four wives. The Bench which comprised of Justices B.P. Colabawalla and Somasekhar Sundaresan highlighted that Section 7(1)(a) of the Act requires registrars to ensure marriages comply with the parties’ personal laws. The Court criticized the Municipal Corporation for previously approving the man’s second marriage to a Moroccan woman, pointing out inconsistencies in their application of the law.
The Bench ordered the Corporation to conduct a personal hearing for the couple and issue a reasoned decision within ten days. Additionally, it prohibited any deportation actions against the wife while her registration was pending. This ruling reinforces the importance of personal laws in marriage matters and underscores the Court’s commitment to ensuring fair treatment under the law.
Case Name: Mezouar Zouaouia v. Thane Municipal Corporation
Bench: Justices B.P. Colabawalla and Somasekhar Sundaresan