Muslim girl's second marriage without divorce is illegal, the only boy has this right: High court

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The High Court, while rejecting the demand for the safety of a previously married lover couple, made it clear that the marriage is illegal as the girl has not divorced from her husband. According to Muslim law, only the boy has the right to divorce another marriage without the girl.


A Muslim couple from Mewat had filed a petition in the High Court, seeking protection. The loving couple told the High Court that the two were already married but did not want to be with their former partners. Both of them have married off and now both their families have become enemies of their lives.


Yachty's lawyer said that the couple is Muslim and in such a situation they can marry another without getting divorced. The High Court disagreed with the plea that under the Muslim Personal Law and according to the Muslim Marriage Act 1939, only men have the right to marry without divorce.


In the case of a woman, she will inevitably have to divorce her first husband before the second marriage. In this case, if the woman has not divorced from her first husband, then how can they be issued an order of protection by considering them as a couple. The High Court said that the petitioners are exempted to approach the SP for the protection of their lives. SPs are obliged to ensure the safety of life of the citizens.