Prayagraj. A Muslim man, who marries secondly against the will of his first wife, cannot seek a court order to compel the first wife to live with him.
The Allahabad High Court has made this comment. A division bench of Justices Surya Prakash Kesarwani and Justice Rajendra Kumar made the observation while considering an appeal filed by a Muslim man challenging a family court order in which Her case was dismissed for restoration of conjugal rights.
Dismissing the petition, the bench said that according to the Holy Quran, a man can marry a maximum of four women but if he fears that he will not be able to do justice to them, then he can marry only one.
“If a Muslim man is not able to take care of his wife and children, then according to the Holy Quran, he cannot marry another woman and furthermore a Muslim husband has a legal right to take a second wife while the first marriage continues. Is.” He further said, “But if he does so and then seeks the assistance of the court to compel the first wife to live with him against his will, he is entitled to question whether the court should compel her to be with such a husband.”
The bench also observed that, “when the appellant has entered into a second marriage from his first wife by suppressing this fact, such conduct of the plaintiff-appellant amounts to cruelty to his first wife.” “If the first wife does not wish to live with her husband, she cannot be compelled to accompany him in a suit filed by him for restoration of conjugal rights.” ,IANS)
