Karnataka high court rejects second wife’s claim in partition dispute

Karnataka High Court ruled that a woman married under the Special Marriage Act cannot claim legal wife status if her husband already has a living spouse.

Justice Sachin Shankar Magadum dismissed a petition by Meena Kumari, who married Mohammad Rafiq under SMA in 2008 while he was already married to Fiza Begum.

The court held that Section 4 of the Special Marriage Act makes a marriage valid only if neither party has a living spouse, so Meena's marriage was void.

Even though Muslim personal law permits polygamy, the SMA is a secular law mandating monogamy, and a marriage under it with a living spouse is void.

Meena Kumari's daughter was allowed to continue as Rafiq's legal representative, but Meena was denied the status of widow in the partition suit.