No registration for Muslim man's 2nd marriage if 1st wife objects: Kerala High Court

The Kerala High Court held that a Muslim man seeking to register his second marriage while the first marriage is still valid must give the first wife an opportunity to be heard.

The bench made the observation while considering a petition filed by Muhammed Shareef and his second wife, who sought direction to register their marriage.

The court said a Muslim first wife “cannot be a silent spectator” to the registration of her husband's second marriage, even though Muslim personal law permits a second marriage in certain circumstances.

“If a Muslim man wants to register his second marriage, when his first marriage is in existence and the first wife alive, an opportunity of hearing should be given to the first wife,” the court stated.

The High Court further clarified that if the first wife objects and alleges that the second marriage is invalid, the registrar must refrain from registering it and refer the parties to a competent court to establish its validity under personal law.

“I am not saying that the second marriage cannot be registered, but an opportunity of hearing should be given to the first wife,” the court said, adding that marriage registration authorities are empowered to hear objections and refer disputes to civil courts.

The court dismissed the petition, noting that the first wife was not made a party to the case.

- Ends