The Kerala High Court has ruled that a Muslim man’s second marriage cannot be registered under the Kerala Registration of Marriages (Common) Rules, 2008, without first notifying and hearing his first wife.
Justice PV Kunhikrishnan emphasised that although Muslim personal law permits a man to have multiple wives, this right cannot override constitutional principles of equality and natural justice.
“A man must respect constitutional mandates when he wants to register a marriage,” the Court said. “A Muslim man cannot march over his first wife for registering his second marriage under the 2008 Rules, without notice to the first wife when her marital relationship with him still exists.”
Furthermore, the Court clarified that if the first wife objects to the registration of the second marriage, alleging it to be invalid, the Registrar must halt the process and refer the matter to a competent civil court to decide its validity under personal law.
Court Emphasises Gender Equality And Fairness
Justice Kunhikrishnan underscored that constitutional values must prevail over personal law in matters of registration. “Equality in gender is a constitutional right of every citizen. Men are not superior to women. Gender equality is not a women’s issue, it is a human issue,” the Court said, adding that both the Qur’an and Hadith emphasise justice, fairness, and transparency in all marital dealings.
The Court held that if the first wife is alive and their marriage is still valid, she must be given an opportunity to be heard before registration. However, if the second marriage takes place after pronouncing talaq, there is no need for such notice.
Petition Over Marriage Registration Rejected
The verdict came in a case filed by a Muslim man and his second wife challenging the Thrikkaripur Grama Panchayat’s refusal to register their marriage.
The man, who admitted to being married earlier and having two children, claimed he had taken his first wife’s consent before marrying again in 2017. Seeking registration to secure his second wife’s and children’s property rights, he argued that Muslim law permits up to 4 wives.
The Court, however, cited earlier judgments noting that the spirit of the Qur’an promotes monogamy and allows polygamy only when a man can ensure equal justice to all wives.
Reiterating that procedural fairness must guide registration, the Court stated, “A Muslim first wife cannot be a silent spectator to the registration of the second marriage of her husband. Religion is secondary- constitutional rights are supreme.”
Justice Kunhikrishnan also noted, “This Court cannot ignore the feelings of the first wife… 99.99% of Muslim women would be against their husband’s second marriage when the relationship still exists.”
