Latest news with #ArunKumarSinghDeswal
Mint
15-05-2025
- Mint
Court says a Muslim man can have multiple wives on one condition, ‘Quran asks men to first consider…'
A Muslim man can marry multiple times as long as he treats all his wives equally, Allahabad High Court recently observed. It pointed out the offence of polygamy as it conditionally permitted under the Quran for a "valid reason", but is often "misused" by men for "selfish reasons". A single-judge bench led by Justice Arun Kumar Singh Deswal made these comments while hearing a request to cancel the chargesheet, cognisance, and summons order against a man, Furkan, issued by a court in Moradabad. The case began in 2020 when a woman accused Furkan of marrying her without revealing that he was already married. She also claimed that he raped her during their marriage. Based on her complaint, a case was registered at the Moradabad police station, and summons were issued to Furkan and two others. The Allahabad High Court noted that the right to religious freedom under Article 25 of the Indian Constitution is not absolute. 'This Court would further like to observe that Article 25 of the Constitution of India gives religious freedom to profess, practice and propagate, which also includes external overt acts of individual as per his religious faith, but this right is subject to public order, morality and health and other provisions of Part-III of the Constitution. Therefore, religious liberty under Article 25 is not unfettered and can be regulated by the State.' Justice Deshwal said polygamy finds mention in the scripture only once, and there is a historical reason why it was allowed, but men have often used it for selfish purposes. 'There was a time in history when a large number of women were widowed, and children were orphaned in primitive tribal tussles in Arabs. The Muslims suffered heavy casualties in defending the nascent Islamic community in Medina. It was under such circumstances that the Quran allowed conditional polygamy to protect orphans and their mothers from exploitation,' the Bench observed. It said that polygamy in the holy book is conditional. '…it is clear that the Quran asks men first consider taking care of the orphans and only when they think they may not be able to do justice to the orphans' interests while staying in isolation, should they consider marrying their widowed mothers, on the condition that the new family would be dealt with justly on par with the existing one.' The Allahabad High Court, in its 18-page judgement, said that Furkan's second marriage is valid as both his wives are Muslim. The court has listed the matter for the next hearing on May 26.
Time of India
15-05-2025
- Politics
- Time of India
Muslim man allowed to have multiple wives if he can treat them equally: Allahabad HC
Representative photo (Generative AI) NEW DELHI: The Allahabad high court recently ruled that a Muslim man is entitled to marry more than once, provided he treats all his wives equally. A single bench of Justice Arun Kumar Singh Deswal made the observation while hearing a petition related to charges against a man named Furkan in Moradabad. The court noted that polygamy is permitted under the Quran 'for a valid reason' but is often 'misused' by men for 'selfish reasons,' a report by Bar & Bench website said. 'This Court would further like to observe that Article 25 of the Constitution of India gives religious freedom to profess, practice and propagate, which also includes external overt acts of individual as per his religious faith, but this right is subject to public order, morality and health and other provisions of Part-III of the Constitution. Therefore, religious liberty under Article 25 is not unfettered and can be regulated by the State,' the judgment said, as per the Bar & Bench report. The bench explained that polygamy was allowed historically to protect widows and orphans in the early Islamic community. 'There was a time in history when a large number of women were widowed, and children were orphaned in primitive tribal tussles in Arabs. The Muslims suffered heavy casualties in defending the nascent Islamic community in Medina. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 2025 Top Trending local enterprise accounting software [Click Here] Esseps Learn More Undo It was under such circumstances that the Quran allowed conditional polygamy to protect orphans and their mothers from exploitation,' it said. The case relates to a 2020 complaint by a woman who accused Furkan of marrying her without disclosing he had another wife. She also alleged rape during the marriage. Police issued summons to Furkan and two others. The case began after a woman said Furkan did not tell her he was already married when they wed. Furkan's lawyer argued that Muslim law allows a man to marry up to four wives. The court ruled that the charges of bigamy and rape did not apply, as the marriage was valid. It said the matter needed further examination and issued a notice to the complainant. Meanwhile, the police were ordered not to take any coercive action against Furkan or the other accused. Furkan was represented by advocates Alok Kumar Pandey, Prashant Kumar, and Susheel Kumar Pandey.
NDTV
15-05-2025
- Politics
- NDTV
Muslim Man Can Have Multiple Wives If He Treats All Of Them Equally: Court
New Delhi: The Allahabad High Court recently observed that a Muslim man is entitled to marry multiple times as long as he treats all his wives equally. The court underscored that polygamy was conditionally permitted under the Quran for a "valid reason", but is "misused" by men for "selfish reasons". A single bench of Justice Arun Kumar Singh Deswal made the remarks while hearing a petition to quash the chargesheet, cognisance, and summons order against a man, Furkan, issued by a court in Moradabad. The case dates back to 2020 when a woman filed a complaint against Furkan for allegedly marrying her without informing her that he was already married to another woman. She also alleged Furkan raped her during their marriage. Following this, a case was filed at the Moradabad police station and summons were issued to three accused, including Furkan and two other people. The counsel for Furkan, however, argued in the Moradabad court that the woman had admitted that she married Furkan after having a relationship with him. He also argued that the second marriage should be invalid to attract offence under Indian Penal Code (IPC) Section 494 - marrying a person while already being married to another. Justice Deswal, while advocating for the Uniform Civil Code (UCC), said that the man did not commit an offence as a Muslim man is allowed to marry up to four times. He also said that there is a historical reason behind the Quran allowing polygamy, adding that all issues related to marriage and divorce should be decided according to the Shariat Act, 1937. The Allahabad High Court, in its 18-page judgement, said that Furkan's second marriage is valid as both his wives are Muslim. The court has listed the matter for the next hearing on May 26.
