Mumbai: The Bombay High Court has ruled that a Muslim man can register more than one marriage under the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998. The court highlighted that Muslim personal law allows multiple marriages, and there is no provision in the Act preventing the registration of such marriages.
A bench comprising Justice BP Colabawalla and Justice Somasekhar Sundareshan stated that s.7(1)(a) of the Act requires that marriages be registered in accordance with personal laws, which in the case of Muslims, permits up to four wives. The ruling came in response to a petition filed by an Indian man and his Algerian wife after the Thane Municipal Corporation refused to register their marriage—his third.
The authorities claimed the petitioners failed to provide necessary documentation and argued that the Act allows only one marriage to be registered for Muslim men. However, the couple’s advocate countered that all required documents had been submitted, and the authorities had previously registered the man’s second marriage to a Moroccan citizen.
The Court rejected the argument that only one marriage could be registered, stating that this interpretation would undermine Muslim personal laws. It instructed the Corporation to hold a personal hearing, following which a reasoned order should be issued within ten days.
The Court also protected the wife from deportation while the registration process is pending and for two weeks after its conclusion.
Senior Advocate Arshad Shaikh, with advocates Devansh Malhotra and Hafeezur Rahman, represented the couple. Advocate Anand S. Kulkarni appeared for the Thane Municipal Corporation.
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Mumbai, Nov 25: Shiv Sena (UBT) MP Sanjay Raut on Monday demanded a re-election in Maharashtra using ballot papers, claiming there were irregularities with the electronic voting machines (EVMs).
Talking to reporters, Raut alleged several complaints about EVMs malfunctioning and questioned the integrity of the recently held elections.
The BJP-led Mahayuti won 230 out of 288 seats in the assembly elections, while the opposition Maha Vikas Aghadi managed 46 seats, with Shiv Sena (UBT) winning just 20 out of 95 seats it contested.
"We have received nearly 450 complaints regarding EVMs. Despite raising objections repeatedly, no action has been taken on these issues. How can we say these elections were conducted fairly? Hence, I demand that the results be set aside and elections be held again using ballot papers," Raut said.
Citing some instances, he said a candidate in Nashik reportedly received only four votes despite having 65 votes from his family, while in Dombivli, discrepancies were found in EVM tallies, and election officials refused to acknowledge the objections.
The Sena (UBT) leader also questioned the credibility of the landslide victories of some candidates, saying, "What revolutionary work have they done to receive more than 1.5 lakh votes? Even leaders who recently switched parties have become MLAs. This raises suspicions. For the first time, a senior leader like Sharad Pawar has expressed doubts about EVMs, which cannot be ignored."
Asked about the MVA's poor performance in the elections, Raut rejected the idea of blaming a single individual.
"We fought as a united MVA. Even a leader like Sharad Pawar, who commands immense respect in Maharashtra, faced defeat. This shows that we need to analyse the reasons behind the failure. One of the reasons is EVM irregularities and the misuse of the system, unconstitutional practices, and even judicial decisions left unresolved by Justice Chandrachud," he said.
Raut stressed that though internal differences might have existed within the MVA, the failure was collective.
He also accused the Mahayuti of conducting the elections in an unfair manner.
"I cannot call the elections fair given the numerous reports of discrepancies in EVMs, mismatched numbers, and vote irregularities across the state," Raut said.