Wife's permission not required for second marriage: HC

According to Muslim matrimonial laws, all Muslim men were under hard and fast obligations to seek permission from their wives before they go for a second marriage but this longstanding tradition is going to be reversed in terms of a verdict issued by the High Court on Sunday, reports daily Bengali newspaper Inqilab.

High Court's judgement shows that Muslim men can get married for a second time without consent from their first wives. The verdict was handed down following a writ petition submitted in connection with Muslim Wedding Law. However, the High Court verdict states that points and counterpoints about second marriage can be sorted out through Arbitration Council.

The court said that Muslim Wedding Law does not contain any mandatory clause which makes it indispensable for a Muslim man to ask for approval from his first wife if he wants to marry another woman. The High Court verdict contains 24 pages which shows that the Arbitration Council will settle down issues like Muslim men's second marriage and resolving the matter with wives. It may be recalled that the 494 Section of the 1860 Penal Code had a provision for seven years imprisonment in case of second marriage without prior endorsement from spouse.

Later on during 1961 the matter of resolving issues like Muslim men's second marriage was transferred to the Arbitration Council's authority. Second marriage without permission from the Arbitration Council led to one year prison term or 10 thousand taka penalty.

The writ petitioners have told reporters that they would file a review plea to the Appellate Division over the above High Court verdict. The writ petitioners commented that they want both men and women to have access to equal rights.