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MASTHAN (Self employeed)     03 May 2012

Is 494 ipc is not applicable for muslims

 

Hi All,
 
1. IPC 494 says that , it is a offence marrying again during the life time of  husband or wife  (unless they get divorce from the court).
 
2. Islamic personal law says a husband can marry upto 4 wifes.
 
3. Is 494 IPC is not applicable for muslims?
 
Thanks,
Masthan


Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     03 May 2012

494 punishes bigamy only when the subsequent marriage of a person is void. A Muslim can marry upto 4 wifes. All marriages being valid - he is not liable for bigamy. Even the fifth marriage in hanafi sunnis is irregular - hence even on 5th he is not liable for bigamy. But is liable therefrom. 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 May 2012

Dear Masthan

this section is not applicable upon Muslim men only but this section will be applicable upon Muslim Women.

feel free to call

Shahidkhan (self)     18 February 2015

please any citation or judgement about 494 ipc not applicable to muslim man,,,,please

1 Like

Meenakshi S   08 July 2022

Dont u think the consent of the first wife is required to have second marriage ?

 

 


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