In a recent ruling, the Madras High Court affirmed a family court's decision to dissolve a marriage due to cruelty, emphasizing the necessity for a husband practicing polygamy under Islamic Law to treat all wives equally. 

Justices RMT Teeka Raman and PB Balaji upheld the lower court's judgment in Tirunelveli, highlighting that the husband had initially subjected his first wife to torture and harassment before entering into a second marriage.

The court underscored that, according to Islamic law, while a husband is entitled to polygamous marriage, he must treat all his wives impartially. The case revealed instances of the first wife facing mistreatment, including inadequate care during pregnancy, exposure to allergenic food, and emotional distress. Allegations also included comparisons with relatives, dissatisfaction with her cooking, and harassment by in-laws. Subsequently, the wife left the matrimonial home, prompting the husband to marry a second time.

The husband refuted the accusations, but the court, upon reviewing the evidence, found that the first wife successfully demonstrated unequal treatment and a failure on the husband's part to fulfill marital obligations. 

The judges emphasized the husband's duty to support his wife, even during her stay with her parents, and noted the absence of attempts at reconciliation or adherence to proper procedures.

Concluding that the husband's actions amounted to cruelty, the court upheld the family court's decision to dissolve the marriage, stating that the findings were well-founded and did not warrant interference. 

The husband's appeal was subsequently dismissed based on these observations.

Case: P.K.Mukmuthu Sha vs. P.S.Mohammed Afrin Banu,

A.S.(MD)No.131 of 2023 and C.M.P.(MD)No.7532 of 2023.