Wednesday, October 12, 2022

Muslim Man Can't Marry Another Woman As Per Quran If He Isn't Capable Of Fostering First Wife, Children: Allahabad High Court

Can't Compel Wife To Live With Muslim Husband Who Has Married Another Woman If It Isn't 'Equitable': Allahabad High Court

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As per the mandate of the Holy Quran, bigamy is not sanctified unless a man can do justice to orphans, the Allahabad High Court has observed that a Muslim man has to prevent himself to perform a second marriage if he is not capable of fostering his wife and children.

"The religious mandate of Sura 4 Ayat 3 (of Quran) is binding on all Muslim men which specifically mandates all Muslim men to deal justly with orphans and then they can marry women of their choice two or three or four but if a Muslim man fears that he will not be able to deal justly with them then only one. If a Muslim man is not capable of fostering his wife and children then as per the above mandate of the Holy Quran, he cannot marry the other woman," the Bench of Justice Surya Prakash Kesarwani and Justice Rajendra Kumar-IV observed.

Sunday, October 9, 2022

Section 125 CrPC- Able-bodied husband duty-bound to maintain wife, child even by doing physical labour: Supreme Court

The Supreme Court recently held that an able-bodied husband is duty-bound to maintain his wife and minor child even by doing physical labour and he cannot shirk that responsibility saying he has no source of income. 

A division bench of Justices Dinesh Maheshwari and Bela M Trivedi believed that it is the sacrosanct duty of the husband to provide financial support to the wife and the minor children.

"It is the sacrosanct duty of the husband to provide financial support to the wife and the minor children. The husband is required to earn money even by physical labour, if he is able-bodied, and could not avoid his obligation, except on the legally permissible grounds mentioned in the statute." 

The Court has also rejected the stand of the respondent-husband that he has no source of regular income as his party business has now been closed.

"The respondent being able-bodied is obliged to earn by legitimate means and maintain his wife and the minor child. Having regard to the evidence of the appellant-wife before the Family Court, and having regard to the other evidence on record, the Court has no hesitation in holding that though the respondent had a sufficient source of income and was able-bodied, had failed and neglected to maintain the appellants."

Allegation of rape on false promise to marry will not stand if woman continued relationship after knowing of man's marriage: Kerala High Court

The Kerala High Court recently observed that an allegation of rape on false promise to marry would not stand if the woman knew that the man was already married and continued the sexual relationship with the accused. 

The Court noted that the statement of the complainant disclosed that she knew the petitioner since 2010 and she came to know about the fact that the petitioner was married five to six years ago. Still, she was in a sexual relationship with him till 2019. She claimed that the petitioner had told her he was moving for divorce but she later came to know that he was in connection with some other women as well.

From the complainant's statement and other material on record, the Court concluded that the petitioner had no mala fide intention or clandestine motives to conduct the alleged rape under the pretext of marriage.

The fact the complainant had had a relationship with the petitioner since 2010 and she continued the relationship knowing about his marriage from 2013 onwards would nullify the story regarding the sexual intercourse on the false pretext of marrying her, the Court opined.

Therefore, it quashed the FIR registered against the petitioner.