Kochi— In a significant ruling, the Kerala High Court has held that if a Muslim man seeks to register his second marriage under the Kerala Registration of Marriages (Common) Rules, 2008, while his first marriage is still valid, the first wife must be given an opportunity to be heard. Justice P.V. Kunhikrishnan, who delivered the judgment, said that in such matters, constitutional rights take precedence over religious or customary laws.
The court emphasized that “religion is secondary and constitutional rights are supreme,” adding that customary law cannot override the legal provisions governing marriage registration. Justice Kunhikrishnan observed that neither the Holy Quran nor Muslim law permits a man to maintain an extramarital relationship or marry another woman without the knowledge and consent of his first wife while the first marriage remains in force.
The ruling came in response to a plea filed by a man and his second wife, who had sought directions for the registration of their marriage after local authorities refused it. The High Court dismissed the plea, noting that the first wife was not made a party to the case and that her right to be heard could not be ignored.
While acknowledging that a second marriage is permissible under Muslim personal law in specific situations, the court clarified that registration under civil law requires adherence to constitutional principles. “If the first petitioner wishes to register his second marriage, the law of the land will prevail, and an opportunity of hearing for the first wife is necessary,” the court stated.
Justice Kunhikrishnan further remarked that “99.99 per cent of Muslim women would oppose their husband’s second marriage while their relationship is still in existence,” underscoring the emotional and constitutional implications of such actions. The court also directed that if a first wife raises an objection to her husband’s second marriage during the registration process, the matter should be referred to a competent civil court for adjudication.
“Let Muslim women also get an opportunity of hearing when their husbands remarry, at least at the stage of registering the second marriage,” the judge said, reaffirming that the dignity and rights of women must remain protected under all circumstances.
