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The couple contended that this was the Muslim man's third marriage, this time with an Algerian woman and that the corporation had previously registered his second marriage with a Moroccan citizen
The Bombay High Court has recently ruled that a Muslim man can register multiple marriages under the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998.
A division bench comprising Justice BP Colabawalla and Justice Somasekhar Sundareshan was hearing an application filed by a couple after the Thane Municipal Corporation refused to register their marriage.
The corporation argued that the marriage could only be registered once under the Act and claimed that the couple did not provide the necessary documentation.
The couple contended that this was the Muslim man's third marriage, this time with an Algerian woman and that the corporation had previously registered his second marriage with a Moroccan citizen.
They also submitted that they had provided the required documentation and were willing to submit any additional documents requested by the corporation.
The bench in its order noted that, “In the entire Scheme of the Act we do not find anything that would preclude a Muslim Male from registering a third marriage. In fact, Section 7(1)(a) specifically contemplates that the Registrar has to ensure that the marriage between the parties is performed in accordance with the personal law of the parties. It is not even disputed by the authorities that under the personal laws for Muslims, they are entitled to have four wives at a time,” the order reads.
The high court also observed that the personal laws of the marriage are to be taken into account while registering a marriage.
“If we were to accept this submission, it would effectively mean that this Act overrides and/or has displaced the personal laws of Muslims. There is absolutely nothing in this Act to indicate that the personal laws of Muslims have been excluded,” the order states.
The bench, therefore, directed the Thane Municipal Corporation to give the couple a personal hearing and to pass a reasoned order within 10 days. Additionally, the court protected the wife from being deported while the registration process was ongoing and for two weeks thereafter.
Case title: Mezouar Zouaouia Anr vs Thane Municipal Corporation
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