Kerala HC's Landmark Ruling: A Wife's Voice in Muslim Second Marriages

The Kerala High Court has issued a pivotal ruling regarding the registration of a Muslim man's second marriage under the Kerala Registration of Marriages (Common) Rules 2008. According to the court, the man's first wife should be given an opportunity to express her stance on the legality of the new union.

Presiding over the case, Justice P V Kunhikrishnan emphasized the supremacy of constitutional rights over religious customs. He pointed out that customary law becomes irrelevant when considering the registration of a second marriage, and seems to challenge the notion of polygamous relationships without the first wife's consent or knowledge.

The court declined a plea by a man and his second wife to have their marriage registered, as the man’s first wife was not involved in the proceedings. The court stressed that the law requires the first wife's voice to be heard to ensure fairness and validate the second marriage's legality.