The Madras High Court, in a ruling by Justice G.R. Swaminathan, has held that Muslim women can claim damages if their husbands enter into bigamous marriages. Additionally, the court clarified that a Muslim man must approach the court if his estranged wife disputes his pronouncement of triple talaq. This decision strengthens protections for Muslim women in cases of marital disputes and emphasizes legal recourse for contested divorces.
Chennai: The Madurai Bench of the Madras High Court ruled that a Muslim woman is entitled to claim damages or compensation from a bigamous husband, as his actions inflict “mental harm” and meet the definition of “domestic violence” under the Protection of Women from Domestic Violence Act of 2005.
Justice G.R. Swaminathan also stated,
“If a Muslim woman disputes the validity of triple talaq pronounced by her estranged husband, the latter must necessarily approach the courts and obtain a judicial declaration after convincing the judge that the talaq was issued according to legal standards.”
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Furthermore, he emphasized that
” Shariat councils could not deliver judgments on divorce, noting that only courts established by the State have judicial authority, while Shariat councils are private bodies and not courts.”
Justice Swaminathan delivered a verdict concerning a domestic dispute between a couple of doctors who were married in 2010 according to Islamic customs and had a son together. In 2018, the wife, who is employed in government service, filed a complaint under the Domestic Violence Act of 2005.
In 2021, a Judicial Magistrate granted her request and ordered her husband to pay Rs. 5 lakh in compensation for the domestic violence she experienced. This ruling upheld by a sessions court in 2022, prompting the husband to file a criminal revision petition with the High Court in 2023.
The husband claimed he had issued three talaq notices to his estranged wife on August 3, September 11, and November 11 of 2017, prior to marrying another woman. However, the wife contended that she did not receive the third notice, insisting that their marriage was still valid.
After hearing arguments from both sides, the judge noted that under Section 3 of the Domestic Violence Act of 2005, “any act or conduct of the husband which injures or causes harm, whether physical or mental to the wife” qualifies as domestic violence, adding that bigamy constitutes mental harm.
Entitling the wife to compensation under Section 12 of the Act,
“If a Hindu, Christian, Parsi, or Jewish husband contracts a second marriage while the first marriage is still valid, it constitutes cruelty and is considered both an offence of bigamy and an act of domestic violence,”
The judge wrote,
“Will this proposition apply in the case of Muslims? The answer is yes,”
He further observed,
“A Muslim male is legally entitled to contract as many as four marriages. For this legal right or liberty, there is only a limited Hohfeldian jural correlative on the part of the wife. The wife cannot stop the husband from entering into a second marriage. She, however, has the right to seek maintenance and refuse to be a part of the matrimonial household.”
In affirming a Muslim woman’s right to seek compensation and damages for bigamy, the judge noted that, in this case, the petitioner had failed to provide evidence that the third talaq notice was served on his estranged wife.
Although the petitioner presented a “divorce certificate” from the Shariat council of Tamil Nadu Thowheed Jamath dated November 29, 2017.
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The judge remarked that,
“It makes a shocking reading, as it criticized the respondent for not extending her cooperation.”
Justice Swaminathan further pointing out the council’s lack of judicial authority commented,
“Only courts duly constituted by the State can deliver judgments. Shariat Council is a private body and not a court,”
In a critical note, the judge questioned the petitioner’s father acting as a witness to the talaq, citing a Tamil saying,
“A chameleon is the witness of the hedge and a cook boy will testify to the food having been well boiled.”