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A Hindu man from Madhya Pradesh found himself entangled in a complicated marital dispute after his first wife initiated legal proceedings upon discovering his second marriage, which is generally prohibited under Hindu personal law as per the constitution. Advocate Harish Dewan, appointed by the Gwalior Family Court as counsel, advised the first wife that she could file a case under IPC Section 498A. However, he cautioned that the legal process would be protracted, allowing her husband to continue living with his second wife, and potentially leaving her without immediate recourse or financial support. Dewan suggested exploring alternative solutions to safeguard her livelihood.
The issue brought to the court’s attention focused on ensuring a balanced, fair arrangement. To avoid dissolution of the second marriage or penal actions against the husband, the judge mediated between the parties and arrived at a schedule of living arrangements (similar to the Islamic principle of fair treatment in polygamy). This court-mandated compromise involved the husband splitting time equally: three days a week with each wife, with the Sunday left free to manage his personal responsibilities.
This case has drawn attention as the verdict echoes the Islamic Shariah’s guidance, which requires justice among spouses in a polygamous marriage. It underscores that even secular judicial systems sometimes are forced by circumstances to adopt solutions aligned with Islamic values of fairness, despite differences in religious backgrounds.
This case also shows that if a man is capable enough and the women are sensible enough, polygamy had been and will forever be a good solution for women in particular, and humanity in general.
Saheehus-Seerah 