10 key observations of Kerala HC in the Muslim man’s second marriage registration case

The man, who had two children from his second marriage, was relying on Muslim Personal Law to justify his second marriage.

However, the first wife was not party to the case and hence the court dismissed the petition, pointing out that if she objects to the registration of the second marriage on the ground of invalidity, then she can approach a competent court to decide the validity of the second marriage.

“A Muslim man cannot march over his first wife for registering his second marriage in accordance with the Rules, without notice to her when their marital relationship is in existence… In such situations, religion is secondary, and constitutional rights are supreme,” the court observed.

The court, pointing that the feelings of the first wife cannot be ignored, said, “I am sure that 99.99% of Muslim women will be against their husband’s second marriage when their relationship with him is in existence”.

While hearing the matter, Justice Kunhikrishnan made several crucial observations on religious freedom, gender equality, and natural justice.

Here are 10 key takeaways from the judgment:

1. A Muslim man shall notify his first wife before registering the second marriage if the first marriage is in existence. The first wife shall be given an opportunity of hearing, as she cannot be a silent spectator only.
2. Muslim men can have more than one wife according to their personal law. However, the Muslim customary law allows a second marriage only in certain situations.
3. Justice Kunhikrishnan said, ” I don’t think that the Holy Qur’an 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 also, without the knowledge of his first wife.”
4. The court also noted that Muslim Personal law allows a Muslim man to have more than one wife provided he has the capacity to maintain them and must ensure justice to his first wife.
5. Considering the principle of natural justice, the law of the land will prevail over personal laws in registration of marriage.
6. Religious freedom is guaranteed to all citizens. However, if a Muslim man wishes to register his second marriage, they must comply with the Registration of Marriages (Common) Rules 2008. Customary law will not be applicable when the question of registering a second marriage arises.
7. In these matrimonial cases, the constitutional rights will prevail over religion.
8. If the second marriage occurs after pronouncing talaq to the first wife, there is no question of giving notice to the first wife.
9. The court also noted that principles derived from the Holy Qur’an and Hadith collectively enjoin the principles of justice, fairness, and transparency in all marital dealings.
10. Highlighting the significance of equality, the court noted that gender equality is a constitutional right of every citizen. Men are not superior to women and gender equality is not a women’s issue but a human issue.