The decision came in the case of Dr. Md. Akeel Alam, a pathologist from Dhanbad, who had married a second time while his first wife was still living.
A division bench headed by Justice S. N. Prasad upheld the earlier verdict of the Deoghar Family Court, stating that under Section 4(a) of the Special Marriage Act, a marriage is valid only if neither party has a living spouse at the time of marriage.
The court clarified that the Act operates under a “non-obstante clause”, meaning it overrides all personal or religious laws.
According to the case details, Dr. Akeel Alam had married under the Special Marriage Act on August 4, 2015. Some time later, his wife left the marital home and went to Deoghar. Alam then filed a petition in the Deoghar Family Court seeking restitution of conjugal rights. However, his wife alleged that Alam was already married and had two daughters from his first marriage.
She further alleged that Alam pressured her to transfer property in his name and assaulted her when she refused.
During the hearing, Alam admitted that his first wife was alive and that he had concealed this fact at the time of registering his second marriage.
The Deoghar Family Court had declared the second marriage invalid, following which Alam filed an appeal in the High Court. The High Court dismissed the appeal and upheld the lower court’s order.
🔹 Court’s Clear Message:
“No one is above the law — a person married under the Special Marriage Act cannot contract a second marriage under any personal or religious provision.”
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