Kerala High Court Mandates Hearing for First Wife in Muslim Second Marriage Registration

Court Asserts Need for Justice and Fairness in Line with Constitutional Rights During Marriage Registration Process

In a landmark decision, the Kerala High Court has ruled that the Registrar must provide an opportunity for the first wife to be heard when a Muslim man seeks to register his second marriage under the Kerala Registration of Marriages (Common) Rules, 2008. This judgment emphasizes the principles of justice, fairness, and transparency, aligning with the constitutional rights of equality and natural justice.

The case, presided over by Justice P.V. Kunhikrishnan, arose from a petition filed by Muhammad Shareef C., who sought the registration of his second marriage while his first marriage was still subsisting. The petitioner argued that, under Muslim Personal Law, he is entitled to have multiple wives, and therefore his second marriage should be registered without issue.

However, the court highlighted that while Muslim law permits polygamy, it is not an absolute right and must be exercised within the framework of justice and fairness as prescribed by the Quran. The court pointed out that the principles derived from the Holy Quran and Hadith emphasize these values in all marital dealings.

The judgment underscores that gender equality is a constitutional right, and the feelings and rights of the first wife cannot be overlooked. The court stated that the Registrar does not have the jurisdiction to determine the validity of the second marriage. If the first wife objects, claiming the second marriage is invalid, the matter should be referred to a competent civil court for adjudication.

This decision marks a significant step in ensuring that the rights of women are protected in marriage registration processes, aligning religious practices with constitutional mandates. The court dismissed the current writ petition as the first wife was not a party to the case but clarified that the petitioners could reapply with due notice to the first wife, thereby upholding her right to be heard.

Bottom Line:

Muslim Personal Law - Registration of second marriage by a Muslim man under Kerala Registration of Marriages (Common) Rules, 2008 - Opportunity of hearing must be given to the first wife when the first marriage is subsisting - If the first wife objects to the registration claiming invalidity of the second marriage, the matter should be referred to a competent civil court.

Statutory provision(s): Kerala Registration of Marriages (Common) Rules, 2008, Rule 11, Article 14 of the Constitution of India, Article 15 of the Constitution of India, Muslim Personal Law.

Muhammad Shareef. C v. State of Kerala, (Kerala) : Law Finder Doc Id # 2804514