Chennai: The Madras High Court has emphasized that, under Islamic laws, the permission for a Muslim man to marry four times does not absolve him from the obligation to treat all his wives equally and with fairness. The court, comprising Justices RMT Tika Raman and PB Balaji, affirmed the veracity of the woman's allegations and ordered the dissolution of the marriage, supporting the family court's decision. The bench declared that the husband and his family subjected the first wife to harassment.
The judgment stated, "The husband did not treat the first wife equally as he was treating the second. This is necessary according to Islamic law." While Islamic rules permit polygamy, the condition is that a man must treat all his wives impartially. The woman, identified as the man's first wife, reported harassment, including during pregnancy, involving her mother-in-law and sister-in-law.
The woman expressed neglect during pregnancy, leading to allergic reactions due to the food provided. She further claimed that the harassment resulted in a miscarriage, and she was taunted for not bearing a child. The woman alleged constant comparison with relatives and criticism of her cooking. When the harassment escalated, she left her in-laws' house.
Despite repeated requests to return, the woman did not go back. Subsequently, the husband married another woman while still being legally married to the first. The court, based on evidence and documents, concluded that the husband failed to treat his first wife equally, neglected marital responsibilities, and did not provide financial support, even when she resided at her maternal house.
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