US EditionFirst wife must be heard before registering Muslim man’s second marriage: HC
The Kerala High Court affirmed that constitutional rights override religious customs by requiring the first wife to be heard before registering a second marriage under 2008 Rules.
- Yesterday, the Kerala High Court held that a Muslim man's first wife must be heard before registering his second marriage under the Kerala Registration of Marriages Rules, 2008.
- After the registering authority refused to record the marriage, the petitioners approached the Kerala High Court, seeking registration to secure rights for two children from the second marriage alongside the man's earlier registered first marriage.
- The Registrar of Marriages must issue notice to the man's first wife and hear her before proceeding with registration, while the court dismissed the petition in part as the first wife was not a party to the writ petition.
- The judgment emphasised that Muslim women should be given an opportunity to be heard at the stage of a husband's second marriage, stating religion is secondary to constitutional rights in registration.
- If the first wife objects, the parties can seek a determination from a competent court, and the petitioners may still file applications before the respondents concerned.
15 Articles
15 Articles
1st wife must be heard before 2nd marriage is registered: Kerala HC
The Kerala High Court observed that the first wife must be heard by the authorities when a Muslim man’s second marriage is being registered, citing the Kerala Registration of Marriages (Common) Rules, 2008. Justice P.V. Kunhikrshnan noted that despite the Muslim Personal Law permitting a man to marry a second time in certain situations, if that marriage needs to be registered, then ‘law of the land would prevail’. Making constitutional rights mo…
Indian Express
Pop News10 key observations of Kerala HC in the Muslim man’s second marriage registration case
Kerala High Court judgement on Muslim Man Second Marriage: The Kerala High Court ruled that a Muslim man’s second marriage cannot be registered unless the first wife is notified and given an opportunity to be heard.
First wife must be heard before registering Muslim man’s second marriage: Kerala HC
Justice Kunhikrishnan highlighted that the first wife was not made a party to the writ petition, and as such, the petition could not be entertained..Kerala High Court, Muslim marriage registration, Second marriage rights, First wife rights, Kerala marriage rules 2008, Muslim personal law, Marriage registration process, Legal rights of wives in India, Constitutional rights in marriage, Fairness in marriage registration, Indian family law, Rights …
“99.99% Of Muslim Women Oppose It”: Kerala High Court Slams Hidden Second Marriages In Islamic Community
The Kerala High Court has ruled that a Muslim man cannot register his second marriage under the Kerala Registration of Marriages (Common) Rules, 2008, without informing his first wife if the marital relationship with her remains valid. Justice PV Kunhikrishnan delivered the judgment on 30 October 2025 in response to a petition filed by a 44-year-old man from Kannur and his 38-year-old second wife from Kasaragod. The petitioners had challenged th…
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