It is most pragmatic and so also certainly in the fitness of things that the Kerala High Court at Ernakulam in a most learned, laudable, landmark, logical and latest judgment titled XXXX & Anr v. State of Kerala & Ors in WP(C) No. 26010 of 2025 and cited in Neutral Citation No.: 2025:KER:82441 that was pronounced as recently as on October 30, 2025 has minced absolutely just no words to hold in no uncertain terms that when a Muslim man seeks to register his second marriage under the Kerala Registration of Marriages (Common) Rules, 2008, the first wife must be given an opportunity to be heard. It was also held that since the first wife was not made a party to the writ petition, it dismissed the plea. To put it differently, the Kerala High Court has thus made it indubitably clear that notice to the first wife was mandatory for registering Muslim man’s second marriage. It was also clarified by the Kerala High Court that if the petitioners apply afresh, the Registrar must issue a notice to the first wife before taking a decision on registration.
At the very outset, this brief, brilliant, bold and balanced judgment authored by the Single Judge Bench comprising of Hon’ble Mr Justice PV Kunhikrishnan of the Kerala High Court at Ernakulam sets the ball in motion by first and foremost putting forth in para 1 that, “A legal conundrum arises in this case regarding the registration of a Muslim man’s second marriage, in accordance with the Kerala Registration of Marriages (Common) Rules 2008 (hereinafter referred to as Rules 2008), when his first marriage to another woman is in existence. Whether notice is necessary to the first wife for the purpose of registering the second marriage before the Local Self Government Institutions in accordance with the Rules 2008 is the first question to be decided. In such a situation, if the first wife objects to the registration of the second marriage, stating that the second marriage is invalid, what is the remedy for the husband? This is the next question to be decided.”
To put things in perspective, the Bench while elaborating on the facts of the case envisages in para 2 stating that, “I will narrate the facts in this case first: The 1st petitioner married a lady, and in that relationship, there were two children. The said marriage was registered before the jurisdictional registering authority. While the said marriage was subsisting, the 1st petitioner met the 2nd petitioner and gradually that relationship developed into a love relationship. Thereafter, according to the 1st petitioner, with the consent of his first wife, he married the 2nd petitioner and the marriage was solemnised on 17.08.2017 as per the Muslim religious custom. It is submitted that, thereafter, the petitioners 1 and 2 were living together as husband and wife. Ext.P1 is a letter from P. A. Aboobakker Musaliar stating that he was present at the time of the solemnization of the marriage of the petitioners. It is also submitted that the 2nd petitioner was previously married before the marriage to the 1st petitioner, to one Hameedh C, Son of Mohammed Kunji. Two children were born to the 2nd petitioner in that wedlock. Thereafter, due to differences in opinion between Mr Hameedh C and petitioner No. 2, Mr Hameedh C pronounced Talaq, and the said marriage was subsequently separated. An agreement was executed between Mr Hameed C and the 2nd petitioner regarding the said separation of marriage. Thereafter, the 2nd petitioner married the 1st petitioner.”
As it turned out, the Bench then enunciates in para 3 mentioning and laying bare herein that, “In the relationship between the petitioners, two children were born to them, and both children are minors. Exts. P2 and P3 are the birth certificates of the petitioners’ children. It is submitted by the petitioners that, considering the future of the children and for getting the lawful right of the property of the 1st petitioner to the 2nd petitioner and her children, the 1st and 2nd petitioners decided to register their marriage before the Local Self Government Institution, which is the registering authority. But, it is submitted that the 2nd respondent is not ready to register the marriage between the petitioners. The 2nd respondent is not providing any valid reason for not registering the marriage of the petitioners, is the grievance of the petitioners. According to the petitioners, they are Indian Citizens and are followers of Muslim Customary Law. It is submitted that, as per the Muslim Personal Law, a Muslim male is entitled to have four wives at a time. Therefore, the Registrar is bound to register the second marriage of the 1st petitioner with the 2nd petitioner, in accordance with the law, is the submission. Hence, this Writ Petition is filed with the following prayers:
“a. Issue the Writ of mandamus or any other Writ directing the respondents to register the marriage between the petitioner No.1 and 2.
b. Grant such other reliefs which this Honourable Court may deem fit and proper in the interest of justice.””
Quite significantly, the Bench then points out in para 6 that, “In this case, admittedly, the 1st petitioner married another woman and in that relationship, he has two children. When the relationship with that woman was in existence, the first petitioner submitted to this Court that he fell in love with the second petitioner and married her. 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. However, the petitioner is relying on Muslim Personal Law to justify his marriage to the second petitioner. Of course, it is true that a second marriage is possible under Muslim Law, but only in specific situations. This was considered in detail by this Court in Jubairiya (Supra). Now the 1st petitioner wants to register his second marriage with the 2nd petitioner in accordance with the Rules 2008.”
Finally and far most significantly, the Bench then encapsulates in para 10 what constitutes the real cornerstone of this notable judgment postulating precisely and concluding by holding aptly that, “Therefore, the Registrar is not vested with the power to decide the validity of the marriage. The question is, when a muslim man marries again, when his first wife is alive and the marital relationship with her is in existence, the second marriage can be registered as per the Rules 2008 behind the back of the first wife. The Holy Qur’an is silent about the consent of the first wife for the second marriage to a muslim man when the earlier marriage is in existence. However, it does not prohibit the option of obtaining consent from the first wife, or at least informing her before he marries again. 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. As I mentioned earlier, 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 allow a second marriage to a man in certain situations. The 1st petitioner can marry again if his Personal Law permits him to do so. However, if the first petitioner wishes to register his second marriage with the second petitioner, 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. This Court cannot ignore the feelings, if any, of the first wife when her husband registers his second marriage in accordance with the law of the land. 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 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. However, if the second marriage occurs after pronouncing talaq to the first wife, there is no question of giving notice to the first wife. 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. As I mentioned earlier, there is nothing in the holy Qur’an which mandates a man to get permission from his first wife for his second marriage. However, Customary Law is not applicable when the question of registering a second marriage arises. I am not saying that the second marriage cannot be registered, but an opportunity of hearing should be given to the first wife by the statutory authorities, while a second marriage of a Muslim man is to be registered. Muslim Personal Law states that a man can have more than one wife, provided that 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 to the first wife will be beneficial to her at least when the second marriage is registered in accordance with the Rules 2008. 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. In this case, the first wife is not even a party to this writ petition. Therefore, this writ petition need not be entertained. However, I make it clear that the petitioners are free to file an appropriate application before the respondents, and the Registrar of Marriages shall give notice to the first wife of the first petitioner if such an application is received. If she objects to the registration, stating that the second marriage is invalid, the parties should be advised to approach a competent court to determine the validity of the second marriage of the first petitioner. Let the Muslim women also get an opportunity of hearing when their husbands remarry, at least at the stage of registering the second marriage. However, this writ petition need not be entertained because the first wife is not even a party to this case. Therefore, this writ petition is dismissed.”
Sanjeev Sirohi