Kochi: The Kerala High Court has ruled that a Muslim man seeking to register his second marriage under the Kerala Registration of Marriages (Common) Rules, 2008 must ensure that his first wife is heard before registration. The judgment reinforces that constitutional rights take precedence over personal or customary law in such matters.
Justice P. V. Kunhikrishnan stated that while Muslim law permits more than one marriage in specific situations, the registration of a second marriage cannot proceed without hearing the first wife. He said religion is secondary when the law of the land governs marriage registration.
The court was responding to a petition filed by a man and his second wife who wanted the state government to register their marriage. The plea was dismissed because the first wife was not a party to the case. The court observed that “a Muslim first wife cannot be a silent spectator to the registration of her husband’s second marriage.”
Justice Kunhikrishnan added that the Quran and Muslim law do not permit extramarital relations while a first marriage is valid and existing without the knowledge of the first wife. He remarked that “99.99 per cent of Muslim women would be against their husband’s second marriage when their relationship is in existence.”
The court directed that marriage registration officers should allow the first wife to be heard. If she objects, the case must be referred to a civil court to decide the validity of the second marriage.
