KOCHI: The Kerala High Court has held that the first wife of a Muslim man should be heard before registering his second marriage in accordance with the Kerala Registration of Marriages (Common) Rules 2008.
Justice P V Kunhikrishnan said the first wife cannot be a silent spectator to the registration of her husband’s second marriage, though the Muslim Personal Law permits men a second marriage in certain situations.
He said if a Muslim man wants to register his second marriage under the Kerala Registration of Marriages (Common) Rules 2008, when his first marriage is in existence and the first wife is alive, the woman should be given an opportunity of hearing.
The court said in such situations, religion is secondary and constitutional rights are supreme. “Let the Muslim women also get an opportunity of hearing when their husbands remarry, at least at the stage of registering the second marriage,” said the court.
‘Refer parties to court if 1st wife raises objection’
The HC observed that 99.99% of Muslim women will be against their husband’s second marriage when their relationship is in existence. They may not disclose the same to society, it said.
The court issued the order on a petition filed by Muhammad Shareef of Kannur and his second wife, challenging the decision of the Thrikkaripur grama panchayat secretary to not register the marriage between them.
According to the petitioners, they are Indian citizens and followers of the Muslim customary law. As per the Muslim Personal Law, a man is entitled to have four wives at a time. Therefore, the registrar is bound to register the second marriage, in accordance with the law. The second marriage happened with the consent of the first wife, stated the petition.
The court declined to accept the plea to register the second marriage as the man’s first wife was not a party in the proceedings before the High Court.
“I don’t think the Holy Quran or the Muslim Law permits an extramarital relationship with another woman 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 single judge said. “The Holy Quran is silent about the consent of the first wife for the second marriage of 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,” the court said.
“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 a human issue,” said the court.
It pointed out that a Muslim man cannot march over his first wife for registering his second marriage in accordance with the Kerala Registration of Marriages (Common) Rules 2008, without giving notice 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,” the court said.
