Supreme Court Rejects Petition Challenging Bombay High Court’s Decision On Multiple Marriages For Muslim Men

The Supreme Court has rejected a petition challenging the Bombay High Court’s decision that permits Muslim men to register more than one marriage. The court ruled that the petitioner, Nationalist Shiv Sena President Jai Bhagwan Goyal, was not a party in the original case before the Bombay High Court, and therefore his petition could not be heard.

The petition was filed in response to a 2024 ruling by the Bombay High Court, which allowed Muslim men to register up to four marriages, in accordance with personal laws that permit polygamy. The case stemmed from the Thane Municipal Corporation’s refusal to register the third marriage of a Muslim man.

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The High Court’s ruling overturned this refusal, declaring that there was no legal obstacle preventing a Muslim man from registering a third marriage. It emphasized that the Maharashtra Marriage Bureau Regulation and Registration of Marriages Act did not prohibit the registration of multiple marriages. The court held that under Muslim personal law, men are allowed to have up to four wives at a time.

Thane Municipal Corporation’s Refusal To Register Third Marriage

The Thane Municipal Corporation had initially declined to register the third marriage of a Muslim man, citing the provisions of the Maharashtra Marriage Bureau Regulation and Registration of Marriages Act. The Corporation argued that the Act’s definition only allowed for the registration of one marriage and did not accommodate multiple marriages.

However, the Bombay High Court disagreed with this interpretation, ruling that the Act did not prevent the registration of multiple marriages for Muslim men. The man, who had married an Algerian woman in February 2023, was granted the right to register his third marriage.

Impact Of The Supreme Court’s Decision

With the Supreme Court rejecting the petition, the Bombay High Court’s decision stands, allowing Muslim men to register more than one marriage as per their personal law. This ruling has stirred debate, particularly regarding the intersection of personal laws and civil regulations in India.