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