Polygamous Marriage Cases

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ISSUES IN MARRIAGE AND MATRIMONIAL CAUSES, 97 parties of mariage whose Tegal system permits polygamy respective of he fact whether the marriage polygamous. “Although survivors (certainly of potentially polygamous mareiages) are entitled under the Inheritance Act 1975, Administration of Estates Act 1925 and Intestate’s Estates Act 1952, to the courts taking great care in deciding, jheritance claims to title, Case law is historic and very complex. Spouses are titled to remedies under Married Women’s Property Act 1882 Section 17 Matrimonial Homes Act 1983, to acquire British citizenship by naturalization “under section 6 (2) British Nationality Act 1981 and to tax relief for a married Spouse. A spouse (wife) cannot allege adultery by a respondent (husband) wrth another (fist or the second wife as appropriate) spouse if actually polygamous at the time of the marriage, But 1 could be wnseason2ble aera if the marriage was potentially polygamous and the husband married against the wife's wishes Qurai a -and-WI-were maffied in Bangladesh (then East Pakistan) but subsequently came to live in England. Hi decided to take a second wife W2 hich was permissible under the Islamic law of Bangiadest: but continued ving in England with W1. He then went to Bangladesh to consummate the second marriage, but when he returned to England WI refused to live with him, H petitioned for divorce on the grounds of WI's desertion, but his petition was denied. H knew he was endangering his first marriage by king evccond wile, and W! had reasonable grounds for leaving him. The law also recognizes the concept of "constructive. desertion.” where the behaviour of Se spouse is suchas to leave the other no real alternative but (0 move out: 9 those circumstances, the spouse who moves out can still claim to have’ been deserted by the other. The introduction of non-molestation orders and other remedies for domestic violence has made this less important than it used to bbe, but it is still of some significance. Why is this relevant / important? in fact, polygamous or merely potentially

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