Karnataka High Court On Second Marriage Of Muslim: If a Muslim marries for the second time, can it be cancelled?, Karnataka High Court gave an important decision

Bengaluru. If a Muslim has married for the second time, can it be annulled? Karnataka High Court has given an important decision on this question. The Karnataka High Court has said that if a Muslim marries under the Special Marriage Act 1954, he is bound to follow the terms of this Act. Failure to do so will render the second marriage void. This decision of the Karnataka High Court clarifies the relationship between marriage law and Muslim personal law.

Karnataka High Court said in its decision that the Special Marriage Act is an autonomous law. On whose terms personal law cannot operate. Karnataka High Court gave this decision on the woman’s petition. The woman was married on 24 April 2008 under the Special Marriage Act. The woman is the second wife of her Muslim husband. After the death of her husband, the woman had applied before the civil judge in Ballari, Karnataka to join the property division case as her legal representative along with her daughter. The court approved the application in September 2024, but this order was challenged in the Karnataka High Court. The High Court canceled the order citing the provisions of the Special Marriage Act.

During the hearing in the High Court, the fact came to light that the woman’s first marriage was still not legally cancelled. Despite this, he married again under the Special Marriage Act. The High Court said that under Section 24, if the conditions of Section 4 are violated, such marriage can be declared void. The High Court said that under personal law, in some circumstances, a Muslim person is allowed to marry multiple times, but if he marries under the Special Marriage Act, then he will have to follow the provisions of this law. The court said that this law gives equal civil and secular marriage system to all. Section 4 of the Act clearly states that at the time of marriage, both parties should not have a living spouse.