The Kerala High Court has ruled that a Muslim man cannot register his second marriage under the 2008 Kerala Registration of Marriages Common Rules unless his first wife is informed and given a chance to voice her opinion. Justice PV Kunhikrishnan said that while Muslim personal law allows men to have multiple wives, this right cannot override constitutional principles of equality and fairness.
“Since marriage registration is a legal process, basic fairness under the rules requires that the first wife, whose marriage is still valid, must be informed before her husband’s second marriage is registered,” the judge said. He added that if the first wife objects to the registration, claiming the second marriage is invalid, the registrar should stop the process and refer the matter to a civil court to decide its validity under personal law.
Justice Kunhikrishnan said that constitutional rights cannot be ignored in the name of religious freedom. “Men are not superior to women. Gender equality is not a women’s issue but a human issue,” he said. He also noted that the Quran enjoins principles of justice, fairness, and transparency in all marital dealings.
The court said that if the first marriage has ended through talaq, there is no need to notify the first wife. The ruling came in response to a petition filed by a Muslim man and his second wife, who had challenged the registrar’s refusal to register their marriage.
