Muslim Woman Can Claim Damages From Bigamy Marriage: Madras High Court Recognizes Bigamy as Domestic Violence
In a significant ruling, the Madurai Bench of the Madras High Court declared that a Muslim woman can claim damages for mental harm caused by her bigamous husband. The court ruled that such acts qualify as domestic violence under the Protection of Women from Domestic Violence Act, 2005.
Judicial Declaration Required for Valid Talaq
Justice G.R. Swaminathan emphasized that a Muslim husband must obtain a judicial declaration to prove the validity of a triple talaq. Merely issuing talaq notices does not dissolve the marriage without legal confirmation.
Shariat Councils Lack Authority Over Divorce
The court also clarified that Shariat councils lack the authority to adjudicate divorce matters. Only state-recognized courts have the jurisdiction to handle such cases.
The case involved a couple married under Islamic rites in 2010, with a son born from the union. In 2018, the wife filed a complaint under the Domestic Violence Act. A Judicial Magistrate ordered the husband to pay Rs. 5 lakh as compensation in 2021. This was upheld by a sessions court in 2022.
The husband argued that he had issued talaq notices before marrying another woman. However, the court found no evidence of a valid divorce and ruled that the marriage was still valid. Justice Swaminathan highlighted that bigamy, even if lawful under personal law, can cause significant mental harm and entitles the wife to compensation.
The court dismissed a divorce certificate issued by a Shariat council and reaffirmed the wife’s right to seek damages.
