Kerala High Court Landmark Ruling: First Wife’s Consent in Muslim Second Marriage Registrations

Case Name: Muhammad Shareef C. and Anr. v. State of Kerala and Anr. 

Introduction:

The Kerala High Court has presently highlighted the significance of constitutional rights and fair process in the issue of marriage registration under the Kerala Registration of Marriages (Common) Rules, 2008. In a significant ruling, Justice P.V. Kunhikrishnan directed that even though Muslim personal law allows a man to enter a second marriage under certain situations, the law of the land outweighs when there is a matter of registration of such marriages. The Court stressed that the first wife must be given a chance to be consulted before the statutory bodies register for a second marriage, guaranteeing that her rights are protected.

Background of the Case:

The 1st petitioner, who was already married and had two children from that wedlock, had been officially registered. Although his first marriage was still in effect, he formed a relationship with the 2nd petitioner. As per the 1st petitioner, on 17.08.2017 with the consent of his first wife, he married the 2nd petitioner, and they have been living together as husband and wife as per the Muslim religion and customs. The petitioners are parents of two children, both minors. Considering the future of children and their rights in property, the petitioners applied to register their marriage with the local registering body. The 2nd respondent, the registering body, denied registering the marriage, and hence, they filed a petition in the High Court for direction to register the marriage.

The High Court analysis of registration in the Muslim religion:

The Court noted that though personal law allows a Muslim man “to enter into multiple marriages”, a second marriage is admissible only in certain circumstances.

According to Rule 11 of the 2008 Rules, the Court noted that on receipt of a memorandum and as per Rule 9 to register a marriage, validation is mandatory from the registrar's side. It further concluded that as per Columns 3(f) and (g) in the form/memorandum, prior to the marital status of the couple being recorded, their marriage is to be stated.

The court relied on Hussain v. State of Kerala [2025 (4) KHC 314], which held that the Registrar does not have the authority to decide on the legality of the marriage.

The Court Considered the following question:

Whether the registration of a second marriage can be done behind the back of the first wife, the Court observed as follows:

“The principles derived from the Holy Qur'an and Hadith collectively enjoin principles of justice, fairness, and transparency in all marital dealings. 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. 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 allows a second marriage to a man in certain situations.”

The Court further remarked that it cannot ignore the feelings of the first wives when their husbands attempt to register their second marriage.

“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. They may not disclose the same to society. However, their feelings cannot be ignored by a court, at least when their husbands attempt to register for the second marriage in accordance with the Rules 2008. Article 14 of the Constitution says that the state shall not deny to any person equality before the law or equal protection of the laws within the territory of India. Article 15 of the Constitution prohibits discrimination on the grounds of religion, race, caste, sex or place of birth. Religious freedom is guaranteed to all citizens. However, first, a man must respect the constitutional mandates when he wants to register a marriage, as per the Rules of 2008. 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.”

The Court highlighted that the opportunity of hearing must be given to the first wife to ensure that she is not being neglected or treated cruelly and observed:

“Muslim Personal Law states that a man can have more than one wife if he has the capacity to maintain more than one wife and can give justice to his first wife. If the husband is neglecting the first wife or not maintaining the first wife, or inflicting cruelty on the first wife and thereafter contracting a second marriage, making use of his Personal Law, an opportunity of hearing from the first wife will be beneficial to her at least when the second marriage is registered in accordance with the Rules 2008.”

Next, considering the situation when the first wife objects to the second marriage of her husband, the Court observed that the registrar ought not register for the second marriage.

“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,” was the Court's observation.

Way forward:

The Court directed that though Muslim personal law allows a man to have multiple wives, the civil law will prevail in the registration of marriages. This decision upholds the principle that religious allowances cannot override due process and statutory procedures under civil law.

Empower Your Legal Practice with AI – Join Our Free Webinar!

Are you a legal professional looking to boost your efficiency and stay ahead in a competitive field? Discover the power of Lawttorney.AI – the cutting-edge tool designed to streamline legal research, automate tasks, and enhance productivity.

👉 Don't miss out! Reserve your spot in our FREE webinar and experience the future of legal practice today. Register Now