First Wife Cannot Be Silent Spectator; Must Be Heard Before Registration Of Muslim Man’s Second Marriage: Kerala High Court

The Court emphasised that constitutional protections and principles of natural justice require that the first wife is not treated as a “silent spectator” in the process of registering a second marriage.

The High Court was hearing a writ petition filed by a couple seeking a mandamus directing the Local Self Government Institution to register their marriage, which they claimed was solemnised according to Muslim religious customs. The registering authority had not processed the request.

A single judge bench comprising Justice P.V. Kunhikrishnan observed that while Muslim personal law may permit a second marriage in specific circumstances, constitutional rights prevail when the question of official registration arises. The Court held that “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 to the first wife will be beneficial to her at least when the second marriage is registered in accordance with the Rules 2008.”

The Bench further clarified that “the marriage registration officer can hear the first wife, and if she objects to her husband's second marriage, stating that it is invalid, the parties can be referred to a competent civil court to establish the validity of the second marriage.”

Advocate Aswanth PT appeared on behalf of the petitioner, while Advocate VN Ramesan Nambisan represented the respondents.

Background

According to the petitioners, the first petitioner was already married and had two children from that marriage. While that marriage was still subsisting, he developed a relationship with the second petitioner, who was previously married and divorced. Their marriage was stated to have been solemnised according to Muslim religious customs in 2017. Two children were born from this relationship, whose birth certificates were produced.

The petitioners approached the Local Registrar seeking registration of their marriage under the Kerala Registration of Marriages (Common) Rules, 2008. Their grievance before the Court was that the Registrar refused to register the marriage without assigning valid reasons, despite both parties being Indian citizens and followers of Muslim personal law. They contended that since a Muslim male is permitted to have more than one wife, the Registrar was bound to register the marriage.

Court’s Observation

The Kerala High Court examined Rule 11 of the 2008 Rules, which requires the Registrar to verify the entries in the Memorandum for registration. Form I, prescribed under the Rules, mandates disclosure of previous marital status and whether any spouse is living. Therefore, the Registrar can readily ascertain whether a second marriage is being sought for registration while the earlier marriage subsists.

The Bench reiterated that the Registrar has no jurisdiction to decide the validity of a marriage, referring to earlier decisions, including Hussain v. State of Kerala and Pranav A.M. v. Secretary, Engandiyur Grama Panchayat. The Court emphasised that the Registrar must only be prima facie satisfied about the solemnisation and cannot enter into the legality of the marriage.

However, the central question was whether a second marriage could be registered without informing the first wife. The Court held that personal law does not supersede constitutional mandates while registering a marriage under State law. The Bench remarked that “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 stated that principles derived from the Holy Qur’an stress justice and fairness, and therefore, constitutional protections of equality and dignity must be upheld. The Bench stated: “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 the second marriage in accordance with the Rules 2008.”

The Court further clarified that if the first wife opposes the registration claiming invalidity, the Registrar must refrain from registration and direct the parties to approach a competent civil court to establish the validity of the marriage.

Since the first wife was not made a party in the current petition, the Court refused to issue directions to register the marriage in her absence.

Conclusion

The Court accordingly concluded that notice must be given to the first wife before registering a second marriage under the Rules, when the first marriage is still in subsistence. If she objects claiming invalidity, the Registrar must refrain from registration and advise the parties to seek adjudication before a competent civil court.

On this basis, the writ petition was dismissed, with liberty to apply afresh before the Registrar in accordance with law.

Cause Title: Muhammad Shareef C & Anr. v. State of Kerala & Anr. (Neutral Citation: 2025:KER:82441)

Appearances:

Petitioners: Advocates Aswanth P.T., Manuel P.J.

Respondents: Advocate VN Ramesan Nambisan, Jessy S. Salim, GP

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