‘Religion is secondary…’: No High Court relief for Kerala man who sought to register second marriage

The petitioner, with the consent of his first wife, married another woman in 2017. He and his second wife then sought to register their marriage at a local panchayat, but it did not entertain their plea. Subsequently, the two approached the court

The court said that the first wife cannot be a silent spectator to the registration of the second marriage, even though the Muslim Personal Law allows a second marriage in certain situations. (Source: File)

Dismissing the petition of a 44-year-old Muslim man, who had challenged the refusal of a local civic body to register his second marriage, the Kerala High Court has observed that “religion is secondary and constitutional rights are supreme”.

The petitioner, hailing from Kannur, had already registered his first marriage with the civil registration authority. With the consent of his first wife, he married another woman in 2017. To ensure that the two children born from the second marriage have lawful rights to the property, the petitioner and his second wife sought to register their marriage at a local panchayat, but it did not entertain their plea. Subsequently, the two approached the High Court.

Dismissing the petition, Justice P V Kunhikrishnan said on October 31 that the petitioner can marry again if his Personal Law permits him to do so. “However, if the petitioner wishes to register his second marriage, 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.”

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“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,” the court said.

The court said that the first wife cannot be a silent spectator to the registration of the second marriage, even though the Muslim Personal Law allows a second marriage in certain situations.

Stating that “let the Muslim women also get an opportunity of hearing when their husbands remarry, at least at the stage of registering the second marriage”, the court added that if the petitioners move a fresh application for registering the second marriage, the Registrar of Marriages should serve a notice to the man’s first wife. If she objects to the registration of the second marriage, the petitioners should be advised to approach the court to determine the validity of the second marriage, the court said.