The Kerala High Court has held that a Muslim man cannot register his second marriage under the Kerala Registration of Marriages (Common) Rules, 2008 while his first marriage is still valid, without first giving his first wife an opportunity to be heard.
Justice P. V. Kunhikrishnan, while pronouncing the ruling, emphasised that “in such situations, religion is secondary and constitutional rights are supreme.” The court clarified that customary or personal law cannot override constitutional protections when it comes to registering a second marriage.
The judge further remarked, “I don’t think that the Holy Quran or the Muslim Law permits an extramarital relationship with another lady when his first wife is alive and his first marriage with her is in existence, and that also, without the knowledge of his first wife.”
The court was dealing with a plea filed by a man and his second wife seeking directions to the state government to register their marriage. The petition was dismissed as the man’s first wife was not made a party to the proceedings.
Justice Kunhikrishnan observed that while Muslim personal law allows a man to take a second wife under specific circumstances, the registration of such a marriage cannot be done arbitrarily or behind the first wife’s back.
“The first petitioner can marry again if his personal law permits him to do so. However, if he wishes to register his second marriage… the law of the land will prevail, and in such a situation, an opportunity of hearing for the first wife is necessary,” the order stated.
The court also noted that most Muslim women would not consent to their husband’s remarriage during the subsistence of their marriage, remarking, “I am sure that 99.99% of the Muslim women would be against their husband’s second marriage when their relationship with him is in existence.”
The High Court held that if the first wife objects to the registration of her husband’s second marriage, the registration officer may refer the dispute to a competent civil court to decide the validity of the marriage.
Dismissing the plea, Justice Kunhikrishnan concluded that Muslim women must also be given a voice in such matters: “Let the Muslim women also get an opportunity of hearing when their husbands remarry, at least at the stage of registering the second marriage.”
