Institute of Legal and Management Studies

The Kerala High Court recently held that the first wife must be given an opportunity of hearing by the statutory authorities while registering the second marriage of a Muslim man in accordance with the Kerala Registration of Marriages (Common) Rules 2008.

Justice P.V. Kunhikrishnan observed that even though the Muslim personal allows a second marriage to a man in certain situations, if the marriage is to be registered, the law of the land would prevail. Then, religion becomes secondary to constitutional rights.

The observations were made while considering a writ petition preferred by a Muslim man and his second wife, being aggrieved by the non-registration of their marriage of by the registering authority under the Rules.

Dismissing the writ petition, the Court observed:

The 1^st petitioner is already in a subsisting marriage with two children and the said marriage was registered before the registering authority. While the said marriage is still existing, he met the second petitioner and solemnized their marriage as per customary law.

The petitioners also have two children born out of their marriage and they sought to register their marriage to ensure that they also have the lawful right of the property of the 1^st petitioner. The 2nd respondent registering authority refused to register the marriage and hence, they approached the High Court for a direction to register the marriage.

The Court noted that there are two legal questions to be considered in the case. One was whether notice is necessary to the first wife for registering second marriage as per 2008 Rules. The second question was what was the remedy available to the husband if the first wife objects to the registration.

It remarked that though personal law permits a Muslim man to marry more than once, second marriage is permissible only in certain situations as detailed in Jubairiya v. Saidalavi N.

Referring to Rule 11 of the 2008 Rules, the Court observed that on receipt of a memorandum as per Rule 9 to register a marriage, verification is necessary from the registrar's side. It further observed that as per Columns 3(f) and (g) in the form/memorandum, previous marital status of the parties registering their marriage is to be mentioned.

Placing reliance on the Hussain v. State of Kerala [2025 (4) KHC 314], the Court remarked that Registrar does not have the power to decide on the validity of a marriage.

Considering the question whether the registration of second marriage can be done behind the back of the first wife, the Court observed as follows:

The Court further remarked that it cannot ignore the feelings of the first wives when their husbands attempt to register their second marriages.

The Court highlighted that the opportunity of hearing must be given to the first wife to ensure that she is not being neglected or treated cruelly and observed:

Next, considering the situation when the first wife objects to the second marriage of her husband, the Court observed that the register ought not register the second marriage.

Thus, the Court dismissed the writ petition.