A Muslim couple seeking protection of their life and liberty filed a petition to the High Court.
The couple told the High Court that they were both Muslim and are an adult and has performed Nikah. They stated that they were both married to different people but as they are of Muslim religion they should be able to remain married.
A Bench of Justice Alka Sarin noted that the Muslim man was allowed to marry more than one wife but Muslim woman are not allowed to do the same according to either the Muslim Personal law or under the provisions of the Muslim Marriage Act, 1939 and must legally divorce the first husband under the required provisions and law to contract a second marriage.
The couple has petitioned to the court stating that their first marriage was done by force and was seeking protection of their life and liberty.
The court held that the marriage of the couple was, in fact, illegal as even if a Muslim man is allowed to marry more than one wife but the Muslim woman should divorce her first husband before contracting the second marriage. However, as individuals, if they feel a threat to their life and liberty, they would be entitled to approach the police to redressal for their agitation of a threat to their life and liberty.