MYPolygyny.com
Knowledge for the Muslim household
Flashcards Lineage

Q&A › Polygyny: the law

🏛️ Polygyny: the law · #10

What happens if the first wife does not attend the polygyny hearing?

Usually the court may proceed with the hearing if the summons has been properly served on the wife but she chooses not to attend. The actual procedure depends on the judge's decision and the state court rules. The judge may adjourn the case and order the summons to be served again if service is in doubt. If proof of service is complete, the court may assess the application on the basis of the applicant's evidence and documents. The wife's absence does not mean she consents; the court must still be satisfied on all conditions such as ability and justice. A wife who cannot attend for a reasonable cause should inform the court or appoint a Syarie lawyer. See polygyny procedure.

Sources

Act 303, s.23State Syariah Court Civil Procedure Enactment
← PreviousWill the first wife be summoned to court during a polygyny application?Next →How long does the polygyny application process take in the Syariah Court?

Related questions

Can the first wife appeal if the court approves her husband's polygyny?Yes, the existing wife is an interested party and can usually appeal against the decision. The right of appeal is provi…Must the prospective second wife and her guardian attend the hearing of a polygamy application?Yes. Act 303 s.23(4) requires the court to summon the applicant, the existing wife or wives, the woman to be married…The first wife has been missing for a long time or cannot be traced. May the husband apply for polygamy?He may apply, but the court will make sure reasonable efforts are made to serve notice on the wife; alternatively…Will the first wife be summoned to court during a polygyny application?In most States, yes. Act 303 s.23, s.23 of ten State enactments and s.21 of the Sarawak Ordinance require the court to summ…What can the first wife do if her husband marries another without permission?The wife has several legal options and need not stay silent. Among them: • making a complaint to the Division…Can the court order maintenance for the first wife when approving polygyny?Yes. State enactments usually allow the court, during or after hearing a polygyny application, to make a mainten…
This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

🔒 Do not include sensitive personal details. Privacy notice

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer

✓ Pemindahan pelayan selesai — kini lebih bersedia untuk berkhidmat kepada anda. · Server migration completed — ready to serve you better from now on.