In a significant ruling, the Madhya Pradesh High Court has refused to grant succession rights to a woman claiming to be the second wife of a deceased coal worker, holding that mere claims of tribal customs allowing polygamy are not enough without proof.
Background of the Case
The case, Munni Bai vs Phoolmat Pav & Others, revolved around a succession certificate claim filed under Section 372 of the Indian Succession Act. The petitioner asserted that she married the deceased in 1986 and lived with him until his death in 2013.
However, it was undisputed that the deceased had already married respondent No.1 years earlier. The petitioner argued that both parties belonged to a Scheduled Tribe where polygamy was traditionally accepted, and therefore, both wives should receive equal shares in the deceased’s dues.
The respondent strongly opposed this, maintaining she was the sole legally wedded wife and the only rightful claimant to the benefits.
The bench of Justice Vivek Jain carefully examined whether tribal customs could override general marriage laws.
The Court noted that both the trial court and appellate court had already rejected the petitioner’s claim due to lack of evidence proving any established custom of polygamy within the concerned tribe.
“The mere oral assertion of a person that the tribe follows polygamy cannot be accepted without proof,” the bench observed.
The Court further clarified that exclusion from laws like the Hindu Marriage Act is not automatic for Scheduled Tribes. It must be demonstrated that the community continues to follow distinct customs.
Relying on the Supreme Court’s ruling in Labishwar Manjhi v. Pran Manjhi, the Court emphasized that tribal communities cannot claim exemption from general laws unless they prove their traditions are significantly different and still practiced.
Importantly, the Court pointed out that no material, literature, or judicial precedent was presented to establish that the petitioner’s tribe permits polygamy.
“The protection given to tribal customs cannot be used as a license to justify polygamy where no such practice is proved,” the Court stated.
The Court explained in simple terms that:
- Being part of a Scheduled Tribe does not automatically exclude a person from general marriage laws.
- Customs must be proven with evidence, not just claimed.
- If a valid first marriage exists, a second marriage may not be legally recognized unless supported by established custom.
After reviewing the facts and legal position, the High Court found no reason to interfere with the lower courts’ decisions.
“The petitioner is not entitled to any relief,” the Court held, dismissing the revision petition.
As a result, the claim of the alleged second wife to a share in the deceased’s benefits was rejected.
Case Details
Case Title: Munni Bai vs Phoolmat Pav & Others
Case Number: Civil Revision No. 257 of 2026
Judge: Justice Vivek Jain
Decision Date: 16 March 2026
Counsels:
- Petitioner: Shri Surdeep Khampariya
- Respondents: Shri Kishori Lal Pandey, Shri Vijay Kumar Soni, Shri Takmeel Nasir, Shri Rajas Pohankar, Shri Rajendra Rajak
