Kerala HC rules: Muslim man needs first wife’s knowledge to register second marriage; says "religion is secondary, rights are supreme"

The Kerala High Court has ruled that a Muslim man cannot register his second marriage under the Kerala Registration of Marriages (Common) Rules, 2008 without informing his first wife, as long as the first marriage remains valid and subsisting.

What Did the Kerala High Court Say on Second Marriage Registration?

Justice P V Kunhikrishnan, delivering the verdict on 30 October, stated that the registration of a second marriage cannot proceed unless the first wife is duly notified. The court emphasised that if the first wife raises an objection, the registrar has no authority to register the marriage. Instead, the parties must approach a competent civil court to determine the validity of such a marriage.

The ruling came in response to a petition filed by a 44-year-old man from Kannur and his 38-year-old second wife from Kasaragod. The registrar of a local self-government institution had declined to register their marriage, leading the couple to challenge the decision in court.

Petitioners Cited Muslim Personal Law: Here’s What the Court Said

The petitioners argued that Muslim personal law allows a man to have up to four wives simultaneously. However, the High Court clarified that even within the framework of Muslim personal law, a second marriage is permissible only under specific and justifiable circumstances.

The bench observed that neither the Holy Quran nor Islamic law permits a man to contract another marriage or maintain an extramarital relationship without the knowledge and consent of his first wife. The court underlined that a Muslim wife “cannot remain a silent spectator” in such situations.

“Religion Is Secondary, Constitutional Rights Are Supreme”: Kerala HC

Delivering a strong message on gender equality and fairness, Justice Kunhikrishnan remarked, “In such matters, religion is secondary and constitutional rights are supreme.”

The court went on to note that the majority of Muslim women would be opposed to their husbands entering into a second marriage while the first one is still valid. The judge observed, “99.99% of Muslim women will be against their husband’s second marriage when their marital relationship is still in existence.”

This observation reinforces the judiciary’s stance that personal laws must align with the fundamental principles of equality and justice guaranteed under the Indian Constitution.

Financial Responsibility and Fair Treatment, Key Conditions Under Muslim Law

The High Court further noted that under Muslim personal law, a man can marry more than one wife only if he possesses the financial means to support and treat them equally. Without fulfilling this condition, the act of marrying again cannot be justified under Islamic principles.

The court dismissed the petition, pointing out that the first wife had not been made a party to the case, a crucial lapse that undermined the petitioners’ argument for registration.

Inputs from TOI