Karnataka High Court said, a Muslim man has the right to second marriage but the first wife can get a divorce. In Muslim society, the practice of second marriage with a wife has been termed by Karnataka High Court as horrific atrocities on the first wife.
It has been said that this law is right for Muslims but practically wrong. In the Kalburgi bench of the Karnataka High Court, Justice Krishna S. Dixit and Justice P. Krishna Bhat said this while dismissing the petition challenging the trial court’s decision.
The lower court had given the verdict on Ramadan B’s plea to invalidate the second marriage, which was challenged in the High Court by her husband Yusuf Patel Patil.
Horrific atrocities with the first wife
According to the law bench, according to the law, a Muslim man can marry another. But it is horrific atrocities with the first wife. Therefore, the first wife can claim divorce, seeking to invalidate their marriage. The case mentioned is of Yusuf Patil, a resident of Vijayapura town in Karnataka.
She married Ramadan B in Bangalore in July 2014, according to Sharai law. But a few days later Joseph also got married again. Ramadan B filed a petition in the lower court, requesting his marriage to Yusuf.
It is said that Joseph abandons her, and also tortures her. Yusuf and his parents assault petitioner Ramadan Bi and his family. After the hearing, the lower court ruled in favor of Ramadan b.
The petition filed and said, the lower court should be decided
Challenging the decision of the lower court, Yusuf filed a petition in the High Court, saying, he loves his first wife Ramadan B very much and wants to be with her, so the decision of the lower court should be canceled. Citing the reason for her second marriage.
Yusuf said that she did it under pressure from her parents, who are powerful and influential politically and in other ways. Yusuf argued in favor of his second marriage being fully justified, that the Sharia law had given him the right to do so. In law, it is not considered to be an atrocity on anyone.
The High Court bench did not accept Yusuf’s argument that he had the right to keep the first wife even after marrying second. Due to this right, the first wife cannot seek to invalidate her marriage or seek a divorce. On this basis, the High Court dismissed Yusuf’s petition.