The Kerala High Court recently held that the second marriage of a Muslim man cannot be registered under the Kerala Registration of Marriages (Common) Rules, 2008, without giving his first wife the opportunity to be heard. In a judgment dated October 30, 2025, Justice PV Kunhikrishnan said that if the first wife of a Muslim man objects to the registration of his second marriage, then the registrar must refrain from registering the marriage and refer the parties to a competent court.
“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 the competent court to establish the validity of the second marriage as per their religious customary law,” the judge said.
A Muslim man’s right under personal law cannot override the Constitution: HC
The High Court stated that a Muslim man’s right under Muslim personal law cannot override the constitutional principles of equality and fair hearing. “However, if the first petitioner (husband) wishes to register his second marriage with the second petitioner (second wife), the law of the land will prevail, and in such a situation, an opportunity of hearing for the first wife is necessary. In such situations, religion is secondary and constitutional rights are supreme. In other words, this is essentially the fundamental principle of natural justice,” the court explained.
Noting that the husband had a love affair with his second wife while his marriage with his first wife was in existence, the High Court said that such an extramarital relationship is not sanctioned by the Holy Quran. “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. The principles derived from the Holy Qur’an and Hadith collectively enjoin principles of justice, fairness, and transparency in all marital dealings,” the Court said, referring to the relevant text of the religious book.
A Muslim wife cannot be silent spectator: HC
The High Court observed that the Quran did not explicitly require the consent of the first wife for a second marriage, but obtaining her consent or at least informing her before registration of another marriage would be consistent with the values of justice, fairness, and transparency, central to both constitutional and religious principles. “A Muslim first wife cannot be a silent spectator to the registration of the second marriage of her husband, even though the Muslim Personal Law allow a second marriage to a man in certain situations,” the court added.
The court, however, noted that the requirement to hear the first wife does not apply if the first marriage has ended in divorce. “A Muslim man cannot march over his first wife for registering his second marriage in accordance with the Rules 2008, without notice to the first wife, when her marital relationship with him is in existence. However, if the second marriage occurs after pronouncing talaq to the first wife, there is no question of giving notice to the first wife,” the court clarified.
Gender equality is not a women’s issue but a humans’ issue: HC
The High Court asserted that gender equality is a constitutional right of every citizen and does not concern women only, but all humans. “Equality in gender is a constitutional right of every citizen. Men are not superior to women. Gender equality is not a women’s issue, but it is a human issue…Therefore, I am of the considered opinion that, if a Muslim man wants to register his second marriage in accordance with the Rules 2008, when his first marriage is in existence and the first wife is alive, an opportunity of hearing should be given to the first wife for the registration,” the court said.
The High Court dismissed the writ petition, noting that the first wife was not even made a party to the proceedings before it. The court allowed the petitioners to reapply for registration, directing that a notice be issued to the first wife.
