Kerala High Court Rules: First Wife Must Consent Before Muslim Man's Second Marriage Registration

The Kerala High Court has delivered a significant ruling stating that when a Muslim man seeks to register his second marriage under the Kerala Registration of Marriages (Common) Rules 2008 while his first marriage remains valid, his first wife must be given an opportunity to express her consent or objection.

Justice P V Kunhikrishnan emphasized that in such circumstances, constitutional rights take precedence over religious considerations, declaring that "customary law is not applicable when the question of registering a second marriage arises."

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 declined to entertain a petition from a man and his second wife who sought directions for the state government to register their marriage, citing that the first wife was not included as a party in the proceedings.

While acknowledging that Muslim Law permits second marriages "only in specific situations," the court maintained that a first wife cannot be reduced to a "silent spectator" when her husband registers a subsequent marriage.

"The first petitioner can marry again if his personal law permits him to do so. However, if the first petitioner wishes to register his second marriage with the second petitioner, the law of the land will prevail, and in such a situation, an opportunity of hearing for the first wife is necessary," the court stated.

Justice Kunhikrishnan added, "In such situations, religion is secondary and constitutional rights are supreme. This court cannot ignore the feelings, if any, of the first wife when her husband registers his second marriage in accordance with the law of the land."

The judge expressed his belief that 99.99 percent of Muslim women would oppose their husband's second marriage while their relationship remains intact.

In the case before the court, the man had married another woman while still married to his first wife, claiming in his petition that he had obtained his first wife's consent for the second marriage.

However, when he attempted to register this second marriage, the local authority refused to do so.

The court ruled that marriage registration officers should hear from the first wife, and if she objects to the validity of the second marriage, the parties can be referred to a competent civil court to determine its legitimacy.

"Let the Muslim women also get an opportunity of hearing when their husbands remarry, at least at the stage of registering the second marriage," the court concluded before dismissing the petition.