4 min readNew DelhiApr 9, 2026 10:16 AM IST
Madhya Pradesh High Court news: The Madhya Pradesh High Court recently held that a Muslim man’s second marriage during the subsistence of his first marriage does not, by itself, constitute the offence of bigamy under Section 494 of the Indian Penal Code (IPC).
Justice B P Sharma made the observation while partly allowing a plea seeking quashing of proceedings arising out of a complaint lodged by the petitioner’s first wife.
Justice B P Sharma noted that other allegations against the husband, relating to cruelty, assault, and criminal intimidation, were supported by material collected during the investigation.
“Parties are governed by Muslim Personal Law which permits a Muslim male to have more than one wife. Thus, even if the allegations of the complainant are accepted at their face value, the act of the petitioner in contracting a second marriage would not satisfy the essential ingredients of Section 494 (marrying again during lifetime of husband/wife),” the Madhya Pradesh High Court said in its order dated March 18.
However, it noted that the other allegations against the husband, relating to cruelty, assault, and criminal intimidation, were supported by material collected during the probe.
Assault, intimidation allegations
In this case, the wife had alleged that her husband subjected her to assault and criminal intimidation over several years, allegedly due to her inability to bear a child. She further alleged that the petitioner contracted a second marriage in May 2022 and asked her to consent to a divorce.
On the basis of her complaint, a First Information Report (FIR) was registered against the man for the offences punishable under IPC sections 498-A (husband or his relative subjecting a woman to cruelty), 494, 342 (wrongful confinement), 323 (voluntarily causing hurt) and 506 Part-II (criminal intimidation: threat to cause death/grievous hurt), and an investigation was launched.
Subsequently, the additional sessions judge, Jabalpur, framed charges against the man under the aforesaid offences. Aggrieved by this, the man approached the Madhya Pradesh High Court.
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The petitioner argued that the allegations were vague and pointed out that no complaint had been made during the nearly two-decade-long marriage. He also contended that as a Muslim, his second marriage was valid under personal law and therefore could not attract the offence of bigamy.
Court refers to Muslim Personal Law
The Madhya Pradesh High Court noted that the applicability of IPC Section 494 is subject to the personal law governing the parties. “Under Muslim Personal Law, a Muslim male is permitted to have more than one wife at a time, subject to the conditions recognized by the personal law,” the court observed.
It remarked that the parties are governed by Muslim Personal Law, therefore, even if the allegations of the complainant are accepted at their face value, the act of the petitioner in contracting a second marriage would not satisfy the essential ingredients of Section 494.
“A second marriage contracted by a Muslim male during the lifetime of his first wife is not treated as void merely on the ground that the first marriage is still subsisting,” the Madhya Pradesh High Court added.
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Thus, the court held that continuation of the proceedings against the petitioner under Section 494 cannot be sustained in law.
At the same time, the Madhya Pradesh High Court noted that the allegations relating to cruelty, assault, and criminal intimidation were supported by material collected during the investigation and disclosed a prima facie case. It held that these issues involved disputed questions of fact that must be adjudicated during trial.
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