The Kerala High Court has clarified that the first wife must be heard before second marriage registration of a Muslim man under the Kerala Registration of Marriages (Common) Rules, 2008.
Justice P. V. Kunhikrishnan held that while Muslim Personal Law allows a man to marry more than once in limited circumstances, registration of such marriages must comply with the law of the land, which stands above religious customs when constitutional rights are at stake.
The judgment came in a writ petition filed by a Muslim man and his second wife, challenging the refusal of the Registrar of Marriages to register their marriage.
The first petitioner was already married with two children from his first marriage, which was duly registered.
He later solemnized a second marriage with the second petitioner as per Muslim personal customs and sought registration to secure legal recognition and property rights for their children.
The Registrar declined registration, prompting the petitioners to approach the High Court. The Bench observed that the first wife must be heard before second marriage registration since her marital relationship with the husband is still subsisting.
The Court underlined that the principles of justice, fairness, and transparency enshrined in the Qur’an and Hadith cannot be ignored.
Hearing of First Wife Mandatory Under the Rules
Justice Kunhikrishnan examined Rule 11 of the 2008 Rules, noting that the Registrar must verify all particulars before registration.
Since the form itself mandates disclosure of previous marital status, the Court ruled that the Registrar must issue notice to the first wife when the husband is already married.
The Court emphasized that a Muslim first wife cannot be a silent spectator when her husband attempts to register a second marriage.
Her right to be heard flows from the constitutional guarantees under Articles 14 and 15, which ensure equality and prohibit discrimination on the grounds of sex or religion.
If First Wife Objects, Registrar Must Refer to Court
The judgment makes it clear that if the first wife raises objections to the second marriage, claiming it is invalid, the Registrar has no power to decide its validity.
In such cases, the parties must be directed to approach a competent court for adjudication as per their personal law and customs.
The Court stated:
“If the first wife objects to the registration of the second marriage of her husband, alleging that the second marriage is invalid, the Registrar shall not register the second marriage, and the parties should be referred to a competent court to establish its validity.”
Court’s Observations on Equality and Marital Fairness
Justice Kunhikrishnan highlighted that the emotional and social implications on the first wife cannot be ignored.
The Court observed:
“Ninety-nine point nine nine percent of Muslim women will be against their husband’s second marriage while their marital relationship still subsists. Their silence cannot be construed as consent.”
The Bench further noted that First Wife Must Be Heard Before Second Marriage Registration ensures fairness and protection of women’s rights under constitutional law.
The writ petition was dismissed with liberty to the petitioners to file a fresh application before the Registrar, who must then issue notice to the first wife and proceed according to the Court’s directions.
Party Details and Bench
- Case Title: K. Salma Jennath & Anr. v. State of Kerala & Ors.
- Bench: Hon’ble Justice P. V. Kunhikrishnan
- Court: High Court of Kerala
- Date of Judgment: 4 November 2025
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