Case Brief And Case Analysis: Khursheed Ahmad Khan V. State Of UP (2015) 8 SCC 439

Riya Kapoor, O.P. Jindal Global University

ABSTRACT

This judgement is a progressive judgement and very important from the point of view of family law especially after Ram Prasad v. UOI1, which had struck down polygamy in the context of Hindu Law. Similarly, this judgement lays down a precedent against a religious practice (polygamy), which is not in violation of Article 252 of the Constitution. Now, it is important to note that although the Shariat law3 permits a man to marry four wives, however it is a criminal offence as per Section 494 of the IPC4. In the case of Khursheed Ahmad v. State of U.P. and Ors the court affirmed to hold constitutional principles above religious practices to avoid conflict between personal laws and public morality.