Madhya Pradesh HC Quashes Bigamy Charge Against Muslim Man Who Married a Second Time; Says Personal Law Allows Polygamy

The Madhya Pradesh High Court has ruled that a Muslim man cannot be prosecuted for bigamy under Section 494 of the Indian Penal Code (IPC) for contracting a second marriage while his first marriage is still subsisting. In a judgment delivered by Justice B.P. Sharma, the court clarified that since Muslim Personal Law permits a man to have up to four wives, a second marriage is not considered "void" under the specific criteria required for a bigamy conviction.

While the court quashed the bigamy charges, it ordered that the petitioner must still face trial for other alleged offenses, including cruelty and criminal intimidation. What Is the ‘Shaurya Didi’ Concept? All You Need To Know As Madhya Pradesh High Court Allows 19-Year-Old Married Woman To Live With Partner of Her Choice.

Legal Threshold for Bigamy

The court's decision hinged on the technical definition of Section 494 of the IPC. According to the bench, for a charge of bigamy to hold, the second marriage must be legally void solely because the first marriage is still in effect. "The applicability of Section 494 IPC depends upon whether the second marriage is void by reason of the subsistence of the first marriage," Justice Sharma remarked. Because the parties in this case are governed by Muslim Personal Law, which recognises a plurality of marriages, the court found that the essential legal ingredient for a bigamy charge was not satisfied.

Case Background and Allegations Against the Muslim Man

The ruling stems from a petition filed by a Muslim man following a police report lodged by his first wife. The complainant alleged that after their marriage in December 2002, her husband began assaulting her because she had not borne a child. She further claimed that in May 2022, the petitioner solemnised a second marriage and pressured her to grant him 'Khula' (divorce by mutual consent).

Counsel for the petitioner argued that under Shariat law, a man is permitted up to four wives simultaneously, citing previous High Court and Supreme Court precedents. Conversely, the wife’s counsel argued that the Muslim Personal Law (Shariat) Application Act, 1937, should not apply unless a specific declaration is submitted. The court dismissed this objection, affirming that personal laws are central to the application of Section 494.

Precedent and Judicial Reasoning

In reaching its conclusion, the High Court relied on landmark Supreme Court judgments, including Sarla Mudgal vs. Union of India (1995) and Khursheed Ahmad Khan vs. State of UP (2015) noting that Muslim Personal Law recognizes polygamy. These cases establish that Section 494 of the IPC is subject to the personal laws governing the individuals involved. The bench noted that even if all the wife’s allegations regarding the second marriage were true, the act would not constitute an offense under Section 494. The court stated that allowing the prosecution for bigamy to continue in this instance would amount to an "abuse of the process of the court". IPC Section 377: Oral, An*l S*x Between Married Couple Do Not Constitute ‘Unnatural Offence’, Madhya Pradesh High Court Rules.

Trial to Proceed on Remaining Charges

Despite the dismissal of the bigamy charge, the petitioner remains under significant legal scrutiny. The High Court clarified that the investigation materials prima facie disclose the commission of several other serious offenses. The trial will continue under the following sections of the IPC:

• Section 498-A: Cruelty by husband or relatives.
• Section 342: Punishment for wrongful confinement.
• Section 323: Punishment for voluntarily causing hurt.
• Section 506 Part-II: Criminal intimidation.

The trial court has been directed to independently examine these remaining charges and proceed in accordance with the law.

(The above story first appeared on LatestLY on Apr 07, 2026 03:57 PM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).