Kerala High Court Mandates First Wife’s Opinion for Muslim Marriage Registration

Kochi: The Kerala High Court has ruled that while Muslim Personal Law allows a man to enter into multiple marriages, the opinion of the first wife must be sought for registering the marriage with local self-government institutions, as per the 2008 Marriage Registration Rules. If the first wife raises an objection, the marriage should not be registered. Justice P. V. Kunhikrishnan also ordered that the parties should be advised to approach a Civil Court to make a decision regarding the marriage registration.

The High Court made this clear in an order issued on a petition filed by a Muslim couple challenging the action of the Trikkarippur Panchayat Secretary in Kasaragod, who refused to register their second marriage. The court stated that even though Muslim Personal Law permits multiple marriages under certain circumstances, the first wife cannot be made a silent spectator when a second marriage is registered.

The petitioners argued that the husband married the woman with whom he was in a relationship with the consent of his first wife. Both individuals have two children from their first marriages. The second wife had divorced her first husband. The Panchayat Secretary rejected the application, stating that as per the 2008 Kerala Registration of Marriages (Common) Rules, registration cannot proceed without issuing a notice to and hearing the first wife. However, the petitioners argued that since Muslim Personal Law allows a man to marry up to four wives while other wives are alive, registration cannot be withheld.

The court clarified that the first wife must be heard before registering a second marriage. In this matter, the laws and rules of the country supersede religious law. The 2008 Marriage Registration Rules stipulate that the opinion of the first wife must be sought by the concerned officer when registering a second marriage. The court cannot ignore the mental state experienced by the first wife when her husband’s second marriage is registered. Therefore, a second marriage cannot be registered by bypassing the first wife while the first marriage subsists. This rule does not apply if the first marriage was dissolved through talaq.

While the Quran does not explicitly mandate seeking the first wife’s permission for a second marriage, it does not object to informing her. The court also stated that gender equality is not a women’s issue but a human issue.

The single bench reiterated a previous court observation that while Muslim Personal Law allows up to four marriages, the Quran permits this only if equal justice can be ensured for all. The Quran does not permit relationships beyond the marital bond while a marriage exists. The court emphasized that the Quran and the traditions of the Prophet advocate for principles of justice, goodness, and transparency in marital relationships.