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 if the marital relationship with her remains valid.
Justice PV Kunhikrishnan delivered the judgment on 30 October 2025 in response to a petition filed by a 44-year-old man from Kannur and his 38-year-old second wife from Kasaragod. The petitioners had challenged the registrar’s decision to deny registration of their marriage, arguing that Muslim Personal Law permits a man to have up to four wives at a time.
The court held that the registrar cannot register a second marriage if the first wife objects to it on the grounds of invalidity. In such cases, the matter should be referred to a competent civil court to determine the validity of the marriage in accordance with religious and customary law.
Observing that even under Muslim Personal Law, a man may enter into a second marriage only under specific conditions, the court noted that the petitioner had two children from his first marriage, which was still subsisting when he married the second petitioner. It said neither the Quran nor Muslim Law allows a man to have an extramarital relationship or enter into another marriage without his first wife’s knowledge.
The judgment stated that a Muslim wife “cannot remain a silent spectator to the registration of her husband’s second marriage,” even though personal law may permit it under certain circumstances. It added that if a man wishes to register his second marriage, “the law of the land will prevail, and the first wife must be given an opportunity to be heard.”
“In such matters, religion is secondary and constitutional rights are supreme,” the court observed, adding that “99.99% of Muslim women will be against their husband’s second marriage when their marital relationship is still in existence, though they may not express it publicly.”
The court further pointed out that under Muslim Personal Law, a man may marry again only if he can maintain both wives and ensure fairness to his first wife. If a husband neglects or mistreats his first wife and then remarries under the guise of personal law, the court said that giving the first wife an opportunity to be heard at the registration stage would be both “beneficial and just.”
The bench dismissed the petition since the first wife had not been made a party to the case. However, it clarified that the petitioners could reapply for registration. Upon receiving such an application, the registrar must issue notice to the first wife and allow her to be heard before making a decision, the court directed.
(Source: Times of India)
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