A Muslim man cannot register his second marriage without giving his first wife a chance to be heard, the Kerala High Court has ruled. Delivering the judgment on October 30, Justice PV Kunhikrishnan clarified that while Muslim personal law may permit a second marriage, its registration under the Kerala Registration of Marriages (Common) Rules, 2008, must comply with constitutional and statutory safeguards.
The ruling came from Justice PV Kunhikrishnan while dismissing a writ petition filed by a Muslim man and his second wife, who had approached the court after the registering authority refused to record their marriage. The first petitioner was already in a valid marriage with two children, and that marriage had been duly registered. Despite this, he later met the second petitioner and married her under Muslim customary law. The couple also has two children together and sought registration of their union primarily to secure property rights for them.
However, the registering authority denied the request, prompting the petitioners to seek judicial intervention.
Justice PV Kunhikrishnan observed that although Muslim personal law permits a man to marry more than once under certain circumstances, the registration of such a marriage must comply with the prevailing civil laws. “If a Muslim man wants to register his second marriage in accordance with the Rules 2008, when his first marriage is in existence and the first wife is alive, an opportunity of hearing should be given to the first wife for the registration. A Muslim first wife cannot be a silent spectator to the registration of the second marriage of her husband, even though the Muslim Personal Law allows a second marriage to a man in certain situations,” the court stated, as reported by LiveLaw.
The court observed that while Muslim personal law permits a man to take a second wife in certain situations, constitutional protections and statutory regulations take precedence when it comes to registration. “I am sure that 99.99% of Muslim women will be against their husband’s second marriage when their relationship with him is in existence. They may not disclose the same to society. However, their feelings cannot be ignored by a court, at least when their husbands attempt to register the second marriage,” the judge noted.
He further stressed that constitutional guarantees of equality and non-discrimination under Articles 14 and 15 of the Constitution must be respected.
Addressing the scenario where a first wife objects, the court held that the registrar should refrain from registering the second marriage in such cases. “If the first wife objects to the registration of the second marriage of her husband, alleging that the second marriage is invalid, the registrar shall not register the second marriage, and the parties should be referred to the competent court to establish the validity of the second marriage as per their religious customary law,” the order read. With these observations, the High Court dismissed the petition.