Having more than 1 wife not an offence under Muslim law: Madhya Pradesh high court drops charges against man

BHOPAL/JABALPUR: In a partial relief to a petitioner, the Madhya Pradesh high court dropped charges against him under section 494 of the IPC holding that bigamy is allowed under the Muslim Personal Law subject to certain conditions and since the petitioner and his wife, who is complainant in the case, are Muslims and are governed by the provisions of the Muslim Personal Law, no case is made out against him under section 494 of the IPC.

The court, however, clarified that charges against the petitioner under other sections of the IPC for alleged violence, dowry harassment, forcible confinement and criminal intimidation will stay and his trial in the court will continue.

The petitioner Mohd Arif Ahmad Jahagir Khan had challenged the charges framed against him under section 498 (a), 494, 342, 323 and 506 of the IPC in a case presented by Mahila police station, Jabalpur, on the basis of a complaint lodged by his first wife in 2022.

The petitioner argued that he has been married to the complainant for 20 years and during this period, she never made any complaint but after he got married for the second time, she has levelled fake charges against him. According to the Muslim Personal Law, he can marry the second time even if his first wife is alive.

The bench of Justice B P Sharma, while dropping charges against the petitioner under section 494 for bigamy, retained all other charges and said that trial under those sections will continue.