The Kerala High Court ruled that a Muslim man cannot register his second marriage without giving his first wife a chance to be heard, emphasizing that constitutional rights and gender equality take precedence over personal or religious customs.
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KERALA: In a landmark judgment reinforcing the supremacy of constitutional rights over personal and religious laws, 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 first allowing his first wife to be heard.
Delivering the ruling, Justice P. V. Kunhikrishnan emphasized that “in such situations, religion is secondary and constitutional rights are supreme.” The judgment marks a significant moment in balancing personal law with gender equality and constitutional principles.
The case arose from a petition filed by a Muslim man and his second wife seeking directions to the State Government to register their marriage. However, the court declined to entertain the plea since the first wife was not made a party to the proceedings.
Justice Kunhikrishnan noted that while Muslim personal law permits a man to take more than one wife, such a provision cannot be misused or applied without transparency and fairness. The judge stated:
“The first petitioner can marry again if his personal law permits him to do so. However, if he wishes to register his second marriage with the second petitioner, the law of the land will prevail, and an opportunity of hearing for the first wife is necessary.”
The court further clarified that customary or religious law cannot override constitutional protections, particularly those ensuring fairness, equality, and the dignity of women.
Justice Kunhikrishnan observed that “customary law is not applicable when the question of registering a second marriage arises.” He added that the Holy Quran does not permit extramarital relationships or secret marriages without the knowledge and consent of the first wife.
“I don’t think that the Holy Quran or the Muslim Law permits an extramarital relationship with another lady when his first wife is alive and his first marriage with her is in existence, and that too, without the knowledge of his first wife,”
he remarked.
The judgment also highlighted the importance of giving Muslim women a voice in matters that directly affect their marital rights. Justice Kunhikrishnan observed:
“Let the Muslim women also get an opportunity of hearing when their husbands remarry, at least at the stage of registering the second marriage.”
He went on to note that “99.99% of Muslim women would be against their husband’s second marriage while their relationship with him is in existence.”
The court directed that if a first wife objects to the registration of her husband’s second marriage, the Marriage Registration Officer may refer the case to a competent civil court to determine the validity of the marriage.