Although a second marriage is permissible for a man under Muslim law, in the context of Bangladesh it was a serious crime and a violation of morality. However, this time the High Court has ruled that the prior consent of the wife is not mandatory for a Muslim man in Bangladesh to marry a second time.
The ruling also said that although Section 494 of the 1860 Penal Code provides for strict punishment for second marriage, the matter was later regulated separately for men through the enactment of the Muslim Family Law.
The ruling, which goes against long-standing social beliefs and practices, is expected to change the legal process of second marriage. However, the petitioners have announced an appeal against the ruling. They claim that the decision could loosen controls on polygamy and have a negative impact on the protection of women’s rights.