Polygamy Legal Challenge Before Supreme Court Nearly Nine Years Since Triple Talaq Ruling

Nearly nine years after striking down instant triple talaq, the Supreme Court of India is revisiting the constitutional validity of polygamy under Muslim personal law. A petition filed by five activists challenges the exemption allowing Muslim men to have multiple wives, arguing it violates constitutional equality guarantees under Articles 14, 15, and 16. The petitioners seek to make polygamy a criminal offense under Section 82 of the Bharatiya Nyaya Sanhita and demand mandatory registration of Muslim marriages. They also call for codified Muslim personal law aligned with gender equality principles, including priority rights for first wives and children. The court has requested the central government's response and asked it to consider legislative action. Petitioners argue polygamy is conditional, not essential, citing Quran 4:3. The case may also examine nikah halala, another contested practice. This follows the 2017 verdict banning triple talaq without addressing polygamy's validity. The outcome could reshape personal laws and legislative frameworks for Muslim marriages in India.