Gauhati High Court quashes bigamy case, notes Muslim personal law permits up to four marriages

5 min readNew DelhiJun 8, 2026 12:32 PM IST

Muslim personal law permits a Muslim man to have four wives. (File Photo)

Holding that Muslim personal law permits up to four wives, the Gauhati High Court has held that a Muslim man’s second marriage is not illegal and that prosecution for bigamy can arise only if he contracts a fifth marriage while the other four subsisting.

Justice Mridul Kumar Kalita allowed a Muslim man’s plea to quash a criminal case filed by his wife, who alleged that he had married another woman during subsistence of their marriage and was therefore liable for the offence of bigamy.

“Hence, he can be prosecuted under Section 82 of the BNS, 2023 only if he marries a fifth wife, during the life time of earlier four wives, without divorcing any of them, as such a marriage would be a void marriage. For the same reasons, the provisions of Section 83 of BNS, 2023 will also be not applicable as his second marriage is not an illegal marriage under the personal law applicable to a Muslim male,” the June 5 order noted.

Justice Mridul Kumar Kalita allows a Muslim man’s plea to quash case against him for bigamy.

Second marriage

A wife had lodged an FIR before the office-in-charge of Gauripur Police Station on August 4, 2025, alleging that her husband used to torture her after her marriage.

She also alleged that her husband married during subsistence of their marriage and married another woman on August 4, 2025.

Investigation was conducted; after the completion of the investigation, a charge-sheet was laid against the husband under Section 82(2)/83 (address offences related to fraudulent and illegal marriages) of BNS, 2023.

Consequently, a case was registered before the court of the Additional Chief Judicial Magistrate, Dhubri.

‘Law permits four wives’

Senior counsel H R A Choudhury, on behalf of the husband, argued that Section 82 (criminal offence of bigamy) of Bharatiya Nyaya Sanhita, 2023 is only applicable when it takes place while the spouse is still alive.

He contended that the Muslim personal law permits a Muslim man up to four wives, and does not attract Section 82 of the BNS after the second marriage.

Therefore, he submitted that the continuation of the present proceeding would amount to abuse of law, and prayed that it should be quashed.

On the other hand, B Sarma, counsel representing the wife, argued that her husband used to torture her after the marriage and already there had been a complaint registered against him under Section 498A of the Indian Penal Code by the wife.

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It was argued that even if the personal allows a muslim man to marry another woman despite having a wife, it’s the moral obligation of the husband to intimate his second wife about the existence of his first marriage and on its failure, he may be regarded as having committed offence under Section 82(2) (gives up to 10 years in jail if someone hides their first marriage before remarrying)  of BNS.

Additional Public Prosecutor K Baishya submitted that under the Assam Compulsory Registration of Muslim Marriages and Divorces Act, 2024, it was mandatory to get the Muslim marriages registered.

It was contended that there was nothing on record to show that the petitioner’s second marriage was registered under the aforementioned Act, but it was also fairly conceded that mere non-registration of such marriage would not make the second marriage void in itself.

‘Not bigamy’

The Gauhati High Court observed that for an offence to fall under the ambit of Section 82(!) of the BNS, the second marriage must be void being contracted while the existence of the first marriage.

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It was noted that an offence under Section 82(2) could only arise if all the exquisite condition unde Section 82(1) were satisfied, and Section 83 applies when a muslim man knowingly performs the ceremony of an illegal marriage, making it inapplicable as the husband’s second marriage is not an illegal marriage.

Underlining the observation from the Bombay High Court and Kerala High Court, the court noted that Section 82 of BNS is the same as Section 494 IPC, according to which a void second marriage was an essential element for attracting the offence of bigamy.

The court further said that under personal law, a muslim man was permitted to have up to four wives simultaneously, and his second marriage could not be treated as void merely because his first marriage existed; therefore, the husband could not be prosecuted under Section 82 BNS for marrying a second woman.

Subsequently, the court observed that Section 82 could only apply to a Muslim man if he contracts a fifth marriage while the other four are still subsisting, as such a marriage would be void under personal law, and allowed the plea.

Somya Panwar works with the Legal Desk at The Indian Express, where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights.

She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life.

Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach.

Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More

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