24th September 2021

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Guwahati High Court says second marriage of a Muslim man with a Hindu woman is illegal

The Gauhati Excessive Courtroom has dominated in favor of Hindu-Muslim marriages. The court docket on Tuesday dominated {that a} Muslim man’s second marriage to a Hindu lady is prohibited below the Particular Marriage Act, 1954. Lately, Dipamani Kalita, mom of a 12-year-old boy and Sahabuddin Ahmed’s second spouse, filed a written software in court docket. The allegation was that his declare for pension and different pensionary advantages had been withheld. A written petition was filed in 2019 below Article 228 of the Indian Structure.

On the time of his loss of life, Ahmed was working as a ‘Lat Mandal’ within the Kamrup (Rural) District Deputy Commissioner’s Workplace. The court docket stated, “There is no disagreement that the marriage between the petitioner and the late Sahabuddin Ahmed did not take place but there is no document proving that the marriage with the first party wife of the petitioner’s husband was annulled.”

Citing a Supreme Courtroom ruling, the decide stated, “Muslim law states that the marriage of an idol-worshiping woman to a Muslim man is not a legal or valid marriage, but an illegal marriage.” The court docket held that the wedding was invalid because the petitioner was not a Muslim and the wedding was not solemnized with out Islamic customized and regulation. Executed.

The 15-page judgment stated, “The petitioner is still using his Hindu name and there is nothing in the record to prove that the petitioner converted to Islam.” Might be entitled to pensionary advantages.

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