Kerala High Court Rules on Registration of Second Marriages for Muslim Men

Court's Ruling on Marriage Registration

The Kerala High Court has determined that a Muslim man's second marriage cannot be registered under the 2008 Kerala Registration of Marriages Common Rules unless his first wife is notified and given a chance to voice her concerns, as reported on Wednesday.

Justice PV Kunhikrishnan noted that while Muslim personal law permits polygamy, this right must align with constitutional values of equality and the right to a fair hearing.

The judge emphasized that since marriage registration is a legal procedure, the first wife, whose marriage remains valid, must be informed prior to the registration of her husband's second marriage.

He further stated that if the first wife contests the registration on the basis that the second marriage is invalid, the registrar should halt the process and direct the parties to a competent civil court to assess its validity under personal law.

“If the husband is neglecting or mistreating the first wife and then enters into a second marriage, utilizing his personal law, providing the first wife with an opportunity to be heard is essential for her,” the judge was quoted as saying.

The court also remarked that it cannot overlook the sentiments of first wives when their husbands attempt to register second marriages.

Justice Kunhikrishnan asserted that constitutional rights must not be compromised for the sake of religious freedom, stating: “Gender equality is a constitutional right for all citizens. Men are not superior to women. This is not merely a women's issue; it is a human issue.”

He added, “The principles derived from the Holy Quran advocate justice, fairness, and transparency in all marital matters.”

However, the judge clarified that if the second marriage occurs after the husband has pronounced talaq (divorce) to the first wife, there is no requirement to notify her.

This ruling was made in response to a petition from a Muslim man and his second wife, who challenged the registrar's refusal to register their marriage under the 2008 Rules.