First wife must be heard before registering Muslim man’s second marriage: Kerala HC

Kochi: The Kerala High Court has ruled that the first wife of a Muslim man must be given an opportunity to be heard before the statutory authorities register his second marriage. The court emphasised that the registration process must follow the Kerala Registration of Marriages (Common) Rules 2008, overriding personal laws in the matter.

Justice PV Kunhikrishnan, while dismissing a writ petition from a Muslim man and his second wife, observed that although Muslim personal law permits a second marriage under certain conditions, the registration of such a marriage must comply with the statutory provisions. "The law of the land supersedes religious law when it comes to marriage registration," the judge remarked, adding that constitutional rights must be upheld in all cases.

The case was brought to court after the petitioners, a Muslim man in an existing marriage with two children, sought to register his second marriage with another woman. The couple, who have two children from their second marriage, were seeking legal recognition of their union to secure the property rights of their children. However, the registering authority had refused to register their marriage, prompting them to approach the High Court for a resolution.

Justice Kunhikrishnan highlighted that the first wife was not made a party to the writ petition, and as such, the petition could not be entertained. He advised the petitioners to approach the Registrar of Marriages and ensure that the first wife was notified before any further steps could be taken.

The court raised two key legal questions in this case: First, whether the first wife must be notified when a second marriage is being registered under the 2008 Rules, and second, what remedies are available if the first wife objects to the registration.

The court cited Rule 11 of the Kerala Registration of Marriages (Common) Rules 2008, which mandates that the registrar must verify certain details, including the marital status of the parties, before proceeding with the registration. It further noted that the registrar does not have the authority to determine the validity of a marriage under the law.

Justice Kunhikrishnan stated that while Muslim personal law permits a man to marry more than once, this right is conditional upon the husband's ability to treat all wives fairly and provide for them. The court stressed that the principles of justice, fairness, and transparency enshrined in both the Qur'an and Hadith must govern all marital dealings.

In light of these principles, the court ruled that the first wife must be notified and given the opportunity to voice any objections before a second marriage can be officially registered. "A Muslim first wife cannot be a silent spectator when her husband seeks to register a second marriage, particularly when her relationship with him is still in existence," the judge observed.

The court further expressed that while the first wife’s feelings of resentment or objection cannot be ignored, it was also important to safeguard her rights under the Constitution. Articles 14 and 15 of the Indian Constitution guarantee equality before the law and prohibit discrimination based on religion, caste, or sex. The court emphasised that the first wife’s rights should be respected in the registration process of the second marriage, as she may be subject to neglect or cruelty if the marriage is allowed without her knowledge or consent.

If the first wife objects to the second marriage’s registration, alleging its invalidity, the court ruled that the registrar must not proceed with the registration. Instead, the parties must be directed to a competent court to determine the validity of the second marriage in accordance with personal law.

The Kerala High Court ultimately dismissed the writ petition, affirming the need for fairness and transparency in the registration of second marriages.
(With LiveLaw inputs.)