On "Muslim Law Permits Polygamy", A High Court Ruling On Wife's Rights
NDTV
The high court also observed that the first wife may decline to live with her husband on the ground that the "Muslim law permits the polygamy, but has never encouraged it".
Overturning a family court's order, the Gujarat High Court has said a woman cannot be forced to cohabit (live) with her husband and establish conjugal rights with him even by a court's decree.
The high court also observed that the first wife may decline to live with her husband on the ground that the "Muslim law permits the polygamy, but has never encouraged it".
"The Muslim law, as forced in India, has considered polygamy as an institution to be tolerated, but not encouraged, and has not conferred upon the husband any fundamental right to compel his wife to share his consortium with another woman in all circumstances," it further observed in a recent order.
The high court cited the Delhi High Court's recent order, which said the Uniform Civil Code (UCC) should not remain a mere hope in the Constitution.
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