Which of the following proposition(s) is/are correct under Muslim law? (i) A Muslim husband has a right…
Under Muslim personal law in India, a Muslim man is permitted to marry up to four wives simultaneously, so he may lawfully have two wives. However, as held in landmark…
Choose your answer
Which of the following proposition(s) is/are correct under Muslim law?
(i) A Muslim husband has a right to have two wives.
(ii) The first wife has a right to withdraw from the conjugal society, and the husband cannot claim restitution of conjugal rights.
Answer and explanation
Correct answer B
Under Muslim personal law in India, a Muslim man is permitted to marry up to four wives simultaneously, so he may lawfully have two wives. However, as held in landmark decisions such as Itwari v. Asghari (AIR 1960 All 684) and Shahulameedu v. Subaida Beevi (1970 KLT 4), taking a second wife raises a strong presumption of cruelty against the first wife, entitling her to live separately and withdraw from the husband's conjugal society, and the court will refuse the husband's decree for restitution of conjugal rights against the first wife.
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